The Penn's Grove record., 1907-03-15
The STROTHERS ACQUITTED
"UnWritten Law" Frees Brothers
Who Defended Sister.
Virginia Judge Says American Juries
VIII Not Punish Men Who Up
hold Sanctity of Home.

Culpeper, Va.-James and Philip
Strother were acquitted of the MUIR
der of William F. Bywaters, whom
they shot to death as he was fleeing
from the room of their sister the
night of the day they had forced him
to marry her.
The verdict was regarded as a prac-
teal application of the unwritten
law. This was borne out by the
comment of Judge Harrison, who
said after the jury came in:
Gentlemen, l am glad to hear you
say that our women must be protect
ed and that no punishment shall be
meted to those who deal with a man
who invades the home. l have no
censure for your verdict. Go to your
homes and l hope you will find them
as you left them.
your verdict, gentlemen, has fol-
lowed the presidents of American
juries generally, so far as they have
come under my observation. Law
books may lay down correct doctrine,
but American juries will not punish
a man who kills another if that other,
~ oSSlofOIAA5 ~ Oo0C lOoNlClJ
invades the sancity of his home cir
Gle and destroys its peace.
You have listened to this evidence
with scrupulous care. You have been
assisted by able and eloquent repre-
%sentatives of the commonwealth and
defense to reach a righteous verdict.
l know you to be men of high char
acter and high purpose and the YER
dict is in accordance with the dictates
of your conscience. This is all the
Court could wish, and with it the
Court is satisfied"
A poll of the jury showed that
every man voted for acquittal on the
very first ballot.
The jury vas out an hour and a
half.
James Strother burst into tears
when the foreman announced the
verdict. His wife also wept.
Lawyers Moore and Lee, for the
defense, sprang to the jury box, and
shook the hands of every juryman.
Judge Harrison could not keep or
der in the courtroom. A roar of ap-
plause greeted the verdict, and the
hand clapping lasted more than a
minute. Evidently the verdict re-
ceived general approval.
1T is just what we expected" said
Philip Strother, his brother James
concurring.
eve kenw that we had not done
wrong" they stated, "but we had to
wait a long time to know that the
jury believed it."
Judge Harrison was deeply affect
ed as he expressed his thanks and
approval to the jury.
The story of Mrs. Viola Bywaters,
widow of the murdered man, did
much to exculpate her brothers. By
waters, a handsome, dashing, fox
hunting Virginian, was her cousin.
He took her to Washington, where
she nearly succumbed from the eff
fects of three operations.
Her brothers, becoming cognizant
of her plight, demanded an account
marry Miss Strother.
The ceremony was performed
while the girl was dangerously i'll in
bed. Under the Virginia law a mar
riage is void if the bride and the
bridegroom do not remain in each
others company.
Bywaters tainted the Strothers
and a bitter quarrel ensued. He in
sisted upon leaving the house, and
they declared he should not. Their
story was that Bywaters dashed out
of the window of his wife's room to
a porch, evidently intending to flee.
They shot him, and he died instantly.
Within an hour after the verdict
kilograms of congratulation began to
come so fast that the newspaper men
were forced to file a continuous story
in order to hold the wires. The tel
grams seemed to come from every
where.
John L. Jeffries, senior counsel for
the Strother brothers, said: 1T
means that the traditions of the past
in our State are adhered to and that
no man who in good faith defends
the women of his family, even to the
taking of life Hereunder, need fear
condemnation from our juries."