Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-01
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had been given to lay the foundation for
its acceptance.
''When the time comes for IT, he said. Il
shall object to the giving OF any instruc-
| tons upon the question Of insanity.
| Counsel reasoned it Is not good law to
say that a man who is wrought up shall be
| permitted to kill person and then slip out
Of it by saying he was frenzied and insane
and that he is to go free.
DR.. Clark's Testimony Admitted.
Commemorative Attorney Keith said he
| realized the great importance OF the ques-
ton, and asked that he be given time to
60 more fully into the investigation and
| consult authorities.
I'VE had anticipated that only a defense
| Of insanity could be made in the case" no
said, land were about to get ready to meet
| it, but when Mr.. Jeffries made his opening
| and took the bold stand that they were
justified in their act, under the 'unwritten
Il said nothing about the 'unWritten
| law" said Mr.. Jeffries.
| you may not have used those words"
| said Mr.. Keith, but your words conveyed
| that meaning"
| Judge Harrison then commented upon
| the question of "unwritten law, and de-
| cided to admit the testimony of DR.. Clark
| The judge said he was opposed to granting
any further delay in the case, because, he
| stated, there were reasons why 1t should
be pushed to conclusion in order to avoid
| the possibility of mistrial. He had ref
| erence to the possible death OF the mother
| of Juror Keller, who is at Woodstock.
| So far as the question of admitting the
| evidence was concerned, he said, there was
received The interrogatory, however.
| should be carefully gone over and pre-
| pared, he said, so that it will convey ex-
| actly what the testimony has shown. Judge
! question, and said it had been deliberately
! argued in case in Virginia. He was
| therefore familiar with it and would admit
| the question.
| Early Close Probable.
| When court adjourned yesterday it was
| with the understanding that the testimony
| would all be in by the time Of adjournment
| today Both defendants had completed
| their testimony, and the general opinion is
that they made good impressions upon the
| jury. The recital of the details of the Of
Tense alleged against Bywaters caused
| James A. Strother many heartaches, and
| several times his eyes filled and he almost
| choked. but he concluded his story, and
| then submitted to rigid cross-examination,
which did not make any change in what
| he had said in response to questions asked
| by his counsel James Strother being the
oldest of the four brothers, was looked upon
| by the others the head of his family, 1t
was brought tout in the proof, but when this
trouble came upon him he hurried to seek
| the advice of his uncle, DR.. Johnson
| Strother.
Evidence was again given to show that
| three weapons were emptied at William F.
| Bywaters that Saturday night, Philip
| Strother relating how he had carried two of
| them in holster. What Is looked upon as
an important link in the chain of evil
10 fha nf Uf n.
| dow of the sick room happene d to be
| open that December night, but the ques-
| ton was not answered. Philip stated upon
| the stand yesterday that 1t was closed dur
| being performed, but that 1t was open
| when he went to the room to watch By
waters.
| Did you open that Window" he was
| II did not" was his answer.
| The theory of the state Is that 1t was
opened for the purpose of putting Bywaters
upon the roof of the porch, but there has
| been no evidence offered to sustain that
| contention. 1t will probably be argued by
the defense that Will Bywaters opened the
window, expecting he might be able to
| leave the house by going through and
| climbing down the porch if he found he
| could not get out in any other way.
| An effort was made to show that By
| waters could have left the house at the time
he went to the telephone, but Philip Strother
| said he was watching him at that time. 1t
| is probable that all the testimony will be
| in today If this proves to be the case
| Judge Harrison will probably hold night
session for the purpose Of passing upon the
| instructions to the jury.
| Philip Strother's Testimony.
| Yesterday after recess the defense called
Philip Strother to the stand. and Attorney
| R. Walton Moore conducted the examina-
| ton.
| What is your age?" he asked Philip.
| Twenty four years"
What is your occupation?'
| Farmer
who is the youngest son in the fam
ny?"
| viola"
After your fathers DEATH" inquired Mr..
| Moore what was Bywaters' attitude to-
| ward the family?"
1.-The same as a brother" answered Philip
| He came and went as he pleased, and in
my absence he was looked upon as the pro-
| tector of the two girls
| Philip said he first became suspicious of
| Bywaters' conduct toward Viola when he
| the night of November q. He said that
| Bywaters came from the direction of Viola's
| room and went to the room he occupied.
Il went to his room remand and he pretended to
| twice and when he answered he said he
| had been asleep
| Summoned His Brother.
The next day defendant sent message
| to his brother James at WEIGH, w. Va, and
the latter came the following day.
why did you send word to James?'
| Because he was the oldest brother and
| we regarded him as the head Of the fam
ny."
| Defendant told Of his visit to Washing
ton and of his failure to find Viola. Upon
his return to Culpeper he said, he saw his
brother and later he was present at the
conference held in DR.. Strother's Office.
Then it was that he was told Of the result
of the investigation and of the proposed
marriage. They determined to have the
marriage performed without delay and it
was arranged that the first one of the
brothers who saw Bywaters should tell him
of the arrangements.
who was the first one to meet lim?"
| II was
What did you say to him?"
Il asked him If he was ready to do as he
had promised
And what did he say?"
He said yes"
They went to the clerks Office, witness
said and Bywaters hesitated.
Did he give any reason for hesitating?"