The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-06

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dow leading to the porch was closed |
when the shooting took place. The |
course of the bullet which broke one !
of the Stats, declared Mr. Keith, showed |
this to be a fact. 1t was denied that I
Bywaters was shot In the room, yet a
wound received in front, in the chest. !
was a 32-calibre.
Philip was using his 32 MIR. Keith
argued that Bywaters was shot in the
room Immediately after lie had been
pushed or pulled back into the room.
Another wound received in front was
one of which broke the arm of de-
ceased. 1t was inflicted by 32-calibre
bali. Mr.. Keith argued from various
details concerning the course of the bull
lets. He declared that a study of the
course of the bullets, ms shown by the
various holes and scars, contradicted tho
testimony of both James and Philip
Strother. a piece of Philip Strother,s
cuff button was found on the porch. He
said Philip said 1t was probably pulled
OFF by striking the window. yet 1t was
the inside piece of the button that was
lost. Had 1t been torn of by the win
dow. Mr.. Keith tried to show, the other
piece would have been lost. Philip had
a scar on his head which he said was
received by falling off bridge, and which
had been dressed by Mrs. Lcmen.
why was not Mrs. Lenlen called2'
asked the speaker. II tell you. gen
tlemen, there is connection between
that scar and that piece of button found
on the porch.
Can Blood Cure Insanity"
",There was struggle out there that
night Mr.. Keith described the scene
on the porch as detailed by Mr.. Lencn.
He dwelt upon the fact that no effort
was made by the brothers to relieve the
sufferings Of the dying man.
cts curious thing he said, that
this kind of insanity is one cured by
human blood. What efficacy is there IN
human blood that 1t should cure such
insanity as this? They were insane
forty-Hve seconds and they ask you to
take that threc-duarters OF a minute
out OF their lives and blot 1t forever.
..It is the theory of the Common
wealth that that man was killed as nc
was coming back into that ROOM MT,
johnson. who lives half-m mile away,
testified to hearing what sounded IKE
horses kicking in stable, TINS so .,,,
being followed by rain of shots. me
night was very dark; 1t was 1nconcelva-
Bile that had the pistols been fired IRON.
| The window the flashes would not nave
| been seen, as we'll as the reports is'i>
| from Johnson's home
| After discussing several minor polhts
| IN the story told by the defendants
| and their witnesses, Mr.. keith con
| cluded. ~,
'Dismiss all prejudices," he told the
| fury, "and when you come down 70
return your verdict allow your oile,'s
| and n sense OF your duty to God to be
! your sole guides. Decide the case on
| the evidence. The Commonwealth Will
| be satisfied"
MIR. Keith spoke for about an hour
| and thirty-five minutes. The first hail
| of his argument devoted to discussion
| OF the instructions, was not impress
sive. I3ut the latter half, devoted to
| a review and analysis OF the eNldence
in elaboration of the theory of the
| prosecution that Bywaters was killed.
| in the room and not on the porch helu
| the attention of the jury the spec
| tators without a break 1t would DE
/ hackncyed to call 1T mastery eHort
| II was that and must add greatly TO
/ the reputation of the youngest lawyer
in the case. He IS yet on the sunny side
| of forty.
Mr.. Jeffr;es Speaks.
Mr., Jeffries followed Mr.. Keith, open
ing for the defense. Culpeper is his
native county. and it was here he lalo
the foundation of his present reputa-
ton as q lawyer. lie alluded TO the
pleasure he usually derived from 9
visit to his old home, but now ms
heart was bowed with sorrow,
AS in his opening statement. MI. !el
fries said he had hoped all the clrcui11-
stances OF the sad story connected VIII
the staying Of William - ByWater.
YOU'D bs not e Be do to not f have sd to appeal
! the sympathies and sentiments ..t,a n o. 10.
; jury" said Mr.. Jeffries, but Y we &c:
sired to do So surely we ,migmi aG i,rx
But that is not necessary. The IN
structions. which are the law OF thi
case will afford you the ground e
, acaut these boys ~,
, in their heart of hearts they wante'
to acquit the defendants II am her
, to show you how you can acauit then
= under the law and the evidence.
.',rhere is no doubt that Will BY
! waters was killed" he said, begnnin'
!. a review Of the evidence, and non
n have to consider is the state of min
y of these boys when they killed him.
4 Mr. Jeffries was starting to say wha
!. appeared to be something to the ct
n feet that public sentiment demanded a
acquittal when Mr.. Keith objected. an
: the court sustained the objection. Ther
q speaking on. his own responsibility, Nj
y Of God and the world it was the dlt
u of these boys to kill that man.
Discussing the subject of insanit,
~ Nlr. JeHfleS maze an argument Tor emo
a. tional insanity. tt was not necessar
n that a man he of previous unsoun
IN mind in order for him to become emo
T. tionally insane. He quoted Dir. Clarl
- the expert, to support the theory. an
~ also called the opinion of DR. Drewr
e. nut on by the Commonwealth. d
Drewry, he said, disagreed with u
Il Clark only in the extent to which IL
rs given circumstances would affect
~ drive a man. Mr.. Jeffrles made an In
" pressive effort along this line.
y, ,s Almost to Last Degree"
d He alluded to DIR, Drewry's snyr
49, that those circumstances would pro
y, ably anger n man "almost' to the La
40 degree" which witness explained ,
I'd cross examination to he that condIti
en- in which. man would not be respons
bio 49, hit nets tf
"A few days ago in Chicago theat
there was heard a cry of fire "
n blocks away" said Mr. Jeffrics, IA
strong men in that theatre sprang
= and tramplcd little children under thu
} feet. few moments afterwards tho
Y men were as sane as ever they we
In their lives
would you, gentlemen. convict o
ay OF those for an act committed und
- those circumstances