The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-06
By a stan Correspondent.

By STAFF Correspondent
Culpeper, Va. March You have got
10 believe beyond all reasonable doubt
that the minds of James and Philip
Strother were so impaired by what had
happened that their reason WAS dethroned,
swept away, or else you must bring in a
verdict of either murder or manslaugh-
ter. er.''-Commonwealth Attorney Keith.
should you find it in your hearts and
minds TO bring verdict of guilty against
James and Philip Strother. l want you TO
write in your verdict that they are con-
victed by a Virginia jury of criminally
Staying the betrayer of their sister, their
mothers youngest child. Attorney John
/. Jeffries.
Appeals EpitOmf1ed.
These extracts from the opening argu-
ments to-day of counsel in the Strother
trial strike the keynote>o prosecution and
defense. Mr Keiths concise legal state
ment of the case reflects perfectly the at
titude of the Commonwealth. securely in
trenched behind its volumes of statute
law. Mr.. Jeffries' subtle but gripping ap-
peal 20 the sentiment of the jurors shows
unquestionably that back Of the plea Of
emotional insanity" the defense is plac-
ing It's reliance almost entirely upon ''un-
written law.
Tomorrow morning Attorney +. Wal
ton Moore who has shown unQuestiOned
brilliancy during this case. viii take up
the burden of the defense and after iim
will come John L. Lee known as one of
the most eloquent lawyers OF Virginia.
What these two men can add 10 the fer
vent touching appeal of Mir. Jeftries. it
will la af
wealth Attorney Capt. Micajah Wood 20
tear down. with all a prosecutors logic
and powers OF persuasion.
Illness Delays Trial.
How well he can do this remains to be-
seen. It is freely granted that in view
of the eloquence TO be showered upon
the jury in behalf of the defendants.
Capt Wood viii begin the closing argu-
ment under a heavy handicap
To-mOTrOW's arguments are expected TO
end late in the afternoon. and the case
viii then be turned over 10 the jury, which
Viii retire TO consider its verdict. Il is
generally predicted that there viii be
either a quick verdict of acQuittal or q
hung jury No one expects "a verdict of
murder IN either degree Those who ex-
pecl conviction look FOR a verdict OF
mmslaughter
The sudden illness to-day OF Philip
SUother hampered the plans Of the court
10 push the trial through as fast as pos
sible. The young defendant was taken
down with a violent attack of grip. and
could not leave his bed 10 attend the
morning session. which had to be- post
poned until afternoon. At first il was
feared that tie postp0nement might be
indefinitely long. but by noon the younger
Strother WAS better and II was announced
that he would be able 10 attend the
B trial
Crowds Capture Courtroom.
At o'clock the defendants arrived. The
courtroom was packed. and the sick man
had to be assisted by his brother through
a dense mass of countrymen who refused
10 give way an inch to allow any one
TO pass. unless forced back by sheer
strength.
Complaints have been numerous from
attorneys and other persons having busi-
ness in the courtroom over the fact that
horde of spectators are daily allowed
10 crowd inside Of the rallied inclosure re-
served for the principals in the case and
others on business. These outsiders
ensconce themselves in the chairs re-
served for others and every day Judge
Harrison has had 10 order Sheriff Pulliam
TO dislodge some of the squatters so that
The business of the court might proceed.
Gentle. MiIdmannered sheriff.
Sheriff PuIliam performs this duty 50
gently and allows the recurrence OF the
same conditions so persistentIy as TO sug-
sest the he may be considering the pros
pect Of running for the office again.
Philip Strothcr was provided with big
reclining chair. but refused to OCCUPY II.
During Attorney Keith's argument. the
young defendant became So in that be
had 10 interrupt the speaker and retire
Ior few moments. On his return ne
took the reclining chair and lay back
half asleep. or apparently so. throughout
the afternoon
Mr. Keith said that the prosecution had
endeavored to handle the case with ut
most fairness, but that it was his duty
10 uphold his oath as Commonwealth at
tOrncy. and that he had endeavorrd to do
so He then proceeded to take up The
instructions Of the judge. and construe
the law laid down by the court in the
most favorable light possible for the
prosecution.
Desires Verdict for MansIauEhter.
The substance Of Mr.. Keith's argument
was that it became the duty of the de-
fense in establishing its plea of ten7nor-
aTy insanity. to convince the Jurors he
yond reasonable doubt, but that if the
jury entertained any reasonable doubt as
to the defendants insanity, the Jury must /
return verdict Of guilty. considering the |
circumstances of the case only in the way |
OF mitigation The inference drawn bv !
many from the prosecutors argument was
that the prosecution has no desire TO Sc
cure a verdict of murder IN the first de-
gree but that it feels that the evidence |
entities the Commonwealth 10 a convic- /
Uon of manslaughter
Mr.. Jeffries Te-tOld the principle Incl |
dents that led uD to the shooting, and |
made an eloquent appeal TO the sympathy /
Of the jury. Although he stated that the /
defense was in no way relying upon ''un- I
written law" but wanted an acquittal on |
the legal plea of mental irreSponsibility. he /
continued 10 plead justification for his cIi- /
.ents and even went so far as 10 declare /
that they would not have done their duty 1
hsd they not shot Bywaters.
AIR. Jeffries explained the plea of in 1
sanity as set ND in this case and read Che |
testimony cf the experts introduced dur |
Ing the trial. I know every man of you /
want 10 acQuit these men,, said the at /
torney, and I am here 70 show you that 1
not ONLY may YOU acquit them lawfully,
but that in The light Of all the evidence /
your oaths compel you TO do so"
AIR. Moore viii open his argument to- /
morrow morning. /