The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-05
b. e STAFF Correspondent.

B. STAFF Correspondent.
CulDeper. Va. March 4.-The last act
of the drama in which the Strother
brothers are the central figures is draw
ing to a close.
After day of legal argument and
protracted reCesses the court adjourned
with the prayers for instruction from
counsel on both sides submitted TO the
court and argued.
Tonight Judge Harrison prepared the
set Of instructions to be delivered to the
jury at the opening of the session to-
morrow morning
Judge Defines Insanity.
The Instructions to the jury follow
The term insanity. as used In these
instructions. is that condition of the
mind which renders the person irrespon-
sible for crime An accused is respOn-
sible for crime If he understands the
nature and character Of his act and its
consequences, and has a knowledge that
it is wrong and criminal. and "a mental
knowledge sufficient to apply that power
to his own case, and 20 know that he
does the act he viii do wrong and re-
ceive punishment. and possesses with all
"a viii sufficient to restrain his impulses
arising from mental arrangement.
Antecedent and subsequent conditions
OF the mind are Indicative of the con-
dition Of the mind at the time of the
act, but they are not conclusive. The sub
1cct Of inquiry must always be what was
the condition of the mind at the time of
the act. which is TO be determined by all
the facts and circumstances in the case.
If TiFnn "a fu
insane. as defined in these Instructions. he
Is entitled TO be acquitted.
Aeauittai If Temporarily Insane.
The defendants being charged with
crime are entitled to Take advantage Of
all the principles of law and .ruIes of
practice designed to safeguard the lives
and liberties of men. and therefore the
jury must not regard as in the slightest
degree prejudicial TO the defendants the
fact that their counsel have from time
10 time entered objections and asked for
consideration Of certain matters out Of
the presence Of the jury. Such fact Is
OF absolutely no Importance, and must
have no place or thought i'm the cOnsid-
GRAFTON OF this case
IF the jury believe, from the evidence.
that stress or strain upon the minds of
the defendants at the time Of the com
mission of the homicide. arising 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 defendant as that his reason was de-
throned and his mind so impaired as that
he became temporarily insane as defined
in these instructions. and was thereby
rendered incapable of governing himself.
in reference 10 said Bywaters the jury
should find a verdict of acquittal.
Murder in First and Second Degree.
Although the jury may believe that
defendant received great and gross PROV
ocation from Bywaters, the deceased.
yet if he willfully and deliberately and
premeditatedly. of his malice afore-
thought, killed said Bywaters. he is guilty
OF murder in the first degree.
If the jury believe from the evidence
that in his state Of mind at the time Of
the killing. the accused might reasonably
infer from the acts and conduct of the
deceased Immediately preceding the kill
ing that he intended to desert his wife.
and that he made an effort so to do, and
that such effort would naturally and rea-
sonably incite in his mind great anger and
passion, under all the facts and circum-
stances Of this case. such as to control his
reason and Will. and that under the infu-
ence of such passion and anger. and not
in pursuance of any preconceived purpose,
he killed the deceased. then he is guilty
Of manslaughter and the jury should so
find.
Even though the jury should believe
that the witness f. L. Gaines may have
made some statement or statements al
the coroneT's inquest Inconsistent with his
testimony in this case. yet nevertheless
they have no right TO consider such incon-
sistency except for the single purpose Of
contradicting the witness himself such
inconsistency must not be used or consid-
cred as bearing on the truthfulness of the
defendants or as bearing on their guilt or
innocence or in any manner 10 the preju-
dice OF the defendants"
Tells of His Prospective Wedding.
Little Of Importance developed in the
testimony of the last four witnesses
called in the trial Judge Grimslev tool,
the stand at the opening of the morning
session TO explain a diagram of the
streets in Culpeper mentioned in Jamcs
Strother's testimony concerning his meet
Ing with Bywaters the afternoon of the
homicide.
Mrs. Bessie Trip!et, married sister of
Bywaters. told the jury that her brother
came home about 3 o'clock in the after
noon Of December II and told her that
he was going % marry Miss Strother
that afternoon. He was in the house,
witness said, about half an hour while
he dressed to go to the wedding on OBJ
lection by counsel for the defense. sus-
tanned by the court Mrs. Triplet's teSti-
mony was stricken from the record.
Gaines Explains Former Testimony.
E l. Gaines, brother-in-laW Of the de-
fendants. was called as an adverse wit
ness. The prosecution questioned him
closely concerning the incidents of the
shooting. Witness told Of Bywaters hav-
ing met him on the stairs just before the
shooting. and said that be pushed Bywa-
ters back into the bedroom. Witness said
Bywaters Immediately dashed for the
window and went through il without hesi-
taJiOn. Prosecution asked Mr. Gaines il
he had not testified before the coroners
jury that the window was closed when
the shooting took place Mr. Gaines adj
mitted having so testified. but explained
that when questioned by the coroner on
this point he remembered that the win
dow was closed a few minutes before the
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