Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-02
THE srRoTHERs TRIAL.

4
the condition of the minds Of the defen.
dsnts at the time Of the homicide vas
allowable.
He decided that he would allow the
defense to ask the question, providing
several amendments we're made 10 1t.
An adjournment was then taken until
2 O'Clock, when the amendments were
taken up and occasional further debate
resulted between opposing counsel. Dir.
Keith insisted that his amendment,
which referred to the plan to prevent
Bywaters from escaping, should be in-
serted in the question. This, Of course,
resulted in many tits between counsel.
There is no doubt about this plea
being talked over" remarked Dir. Keith
in behalf of his amendment, "by the
Suother boys Just before the killing,
and 1t has been testified by the defen-
dsnts themselves"
Other minor amendments we're dig
cUssed at length, chief Of which was the
last line of the question. Originally the
defense had it so that it practically ask
ed the witness 10 state the responsibility
Of the Strother boys.
Captain Woods claimed that under this
the witness might determine the case
without any jury and asked that 1t be
changed
Judge Harrison finally suggested that
the witless merely be asked to charac-
te'ize the homicide by the Strother boys.
II is probable that the attorneys for
the commonwealth will introduce by.
pothelical question to uphold the States
side of the case, and there is a strong
likelihood that a prolonged legal battle
will be in order today.
Because OF the delay at both sessions
of the court by the argument over the
hypothetical question introduced BY the
defcnse the case will he prolonged until
Monday, and possibly longer. Counsel
for the defense say that they have seve-
raj witnesses yet to examine, and as the
commonwealth has other witnessts which
are yet 10 testify, it is doubtful whether
all the evidence can be heard today.
DR.. Clark, the allenist, will go on the
stand today, and f. l.. Gaines, brother
in-law of tho Strother boys, will also
be called.
In speaking OF the turn of affairs yes
terday evening, Mr.. Walton Moore, Of
the defense, declared the idea OF using
alienists was not new one, but that
he and his colleagues, Messrs. Lee
and Jearies, had practically decided
upon introducing such evidence at the
opening OF he case.
Nrws was received stating that the
mother of Juror Charles o. Keller Of
Woodstock, who is critically i'll at the
home of her son, was somewhat better
aud that there would be no occasion Of
his leaving Culpeper.
During the recess Of court yesterday
Bolts Strother, cousin Of the defendants,
who resides at Welch, W. Va, was
married to Miss Helen johnson, OF
Culpeper Rev. Mr.. Ware, Of the Cul-
pepper Protestant Episcopal Church, per-
formed the ceremony. The young Ben
edict came to Culpeper Monday to be
present at the trial, and vas stopping
with members OF the Strother family.
Culpeper, Va, March when DR..
Clark, the alienist, resumed the stand to-
day Attorney Moore read the hypothet-
icsl question, asked yesterday. amended
so rs 10 contain an accurate, full and i'm.
martial recital of all the established facts
in the case.
Having heard these facts, Doctor,
how would you characterize the mental
condition of the brothers at the time of
the homicide 20 asked Mr.. Moore
81 would characterize it as an irresti-
BILE Impulse. Impulsiye insanity, it is
called" was he reply.
rs mental arrangement due to any
one cause ?'
1.-THE causes arc numerous.
"Yhat is the principal cause Of de-
raugement?"
"Strcss, strain on the mind"
"Can there be arrangement without
a previous disease"
"In my opinion there can be"
The expert was then turned over to
Capt. Micsiah Woods for cross-exsmins-
ton. DR.. Clark said he thought that
Bywaters' attempt to get out OF the
house after all the brothers had endured
overwhelmed them and they acted on
the impulse. He did not believe that q
human mind could have evolved the
plan to act one way or another In the
short time elapsing between the time
Bywaters sprang to his feet until he was
shot to death.
CHOW, take hungry man with q
pistol in his hand said Captain Woods.
He goes into bakery, points the pistol
At tho baker and SAYS 81 want bread.
Pll kill yon if you don't give it to me, D"
The baker refuses. The hungry man
shoots and kills him. Would you say
that that man was suffering from impul-
sive insanity 20
81 should say, he WAS not fully re-
sponsible," replied the doctor,
"When the man does violent act as
the result Of fury or temper do you say
be should be considered impulSively in
sane 30
"There is a difference between i'm
pulsive insanity and anger. ~
when man wanting a thing done,
finds that the thing has not been done
and his emotions rise up like storm
and he does violent act is that impul-
sIve insanity ~
"lf the emotions were stioug enough
to overpower his judgment | should
| say he Ras not rasnnnsihleV