The Montgomery advertiser., 1907-03-06
 s0Y WAS ILL Hitch in Proceedings in
 Court. JUDGES CHARGE DELIVERED Trial Delayed by Sickness of
 Younger Brother, Counsel for Both Sides Make Eloquent Plea. Before the Jury, Which VIII Probably Retire Be-
 fore Tonight.

Cuipepper, Va, March 5.--The illness of Philip Strother, charged jointly with his brother, James, with the murder of William Bywaters, brought the trial to an abrupt stop today.
 Just as the proceedings were to be- gin John l.. Jeffries. senior counsel for the defense. announced that Philip, the younger of the Strother brothers. was too i'll to appear in court. Dr. H. l.. Chelf, then stated to the court that the defendant was suffering from grippe, aggravated by the trying ordeal of the trial and incident to the malady suffer- ing severe nausea. Judge Harrison then announced a recess until p. m.
 Philip Strother appeared in court shortly after o'clock leaning on the arm of his brother.
 Judge Harrison lost no time in giving hIs instructions to the jury. They were thirty-one in number and covered each point in the testimony taken, which in the mind of the presiding ju- rist, should influence the jury in reach ing fair verdict.
 The salient features of the instruc- tions are as follows:
 The term insanity as used in these instructions is that condition of the mind which renders the person irre- sponsible for crime.
 
 if he understands the nature and char acter of his act and it's consequences and has a knowledge that 1t is wrong and criminal and a mental knowledge sufficient to apply that power to his own case.
 "Antecedent and subsequent condi- tions of the mind are Indicative of the condition of the mind at the time of the act. but they are not conclusive. The subject of inquiry must always be, what is the condition of the mind at the time of the act, which is to be de- termined by all the facts and circum- stances in the case. If at the time of the act a person is insane as defined in these instructions, he is entitled to be acquitted.
 @If the jury believe from the evI- denee that stress or strain on the mind of the defendants at the time Of the commission of the homicide, aris- ing out of the conduct of Bywaters, the deceased, and all the other facts and circumstances of the case so operated on the mind of the defendants as that their reason was dethroned and their minds so impaired as that they became temporarily insane as defined in these instructions, and were thereby render ed incapable of governing themselves in references to said Bywaters, the jury should find verdict of acquittai.
 Although the jury may believe that defendants received great and gross provocation from Bywaters. the deceas- cd, yet if they wilfully and deliberate ly and premeditatedIy of malice afore- thought killed said Bywaters. they are guilty of murder in the first degree"
 Judge Harrison ceased speaking. he put the case in the hands of Common wealth Attorney Keith. who immed- lately began his address to the jury
 John l.. Jeffries made a powerful plea following that of Mir. Keith, reviewing the testimony in full. he finished at 6:S0 o'clock and Judge Harrison then announced adjournment until 9:30 to- morrow morning. Attorneys for the defense will make their arguments early tomorrow and Captain Woods will close for the prosecution. It is expected that the case will go to the jury tomorrow evening.