Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-02
s|ayers Of ByWaters Seem to Have
/ Abandoned The Defense Of
| The "URwritten Law"
MEDICAL EXPERT ON THE STAND
Or. Charles H Clark of Washington
Gives His Views on Emotional In
sanity--stacks of Books are
Brought In, Authorities are oGoted,
End Effort to Introduce the Plea.
(By Associated Press.)

NBy ASSOCIATED PreSS.l
CULPEPER COURT HOUSE, March
!, DR.. Charles II. Clark, OF ST. Eliza
beth's insane hospital, Washington.
took the stand at the opening OF
me firth day in the trial of James
and Paiilip Strother today, charged
with killing w T.. Bywaters on the
10th of December.
Dir. Clark testified that he had
had fourteen years experience In
The practice of medicine, chiefly CON
lining is practice to cases of mental
disorder.
Mr.. Moore of the defense, sub.
mittcd lengthy hypothetical ques-
lion reciting all the facts of the
pending case as claimed by the de-
tense, and concluding by asking wit
!. ness how he would characterize the
,{aact Of homicide committed under
X@ch circumstances.
Before witness could reply, Mr
Keith, OF counsel for the State, OBJ.
+ T)cted upon the ground that the
question did not recite all the facts,
especially that the defendants were
armed and had all along intended 20
do, under certain conditions, that
which they did do.
1t was evident that the effort
OF the defense to establish emotion.
al insanity as plea did not surprise
the prosecution.
The defense suggested that il the
question were to be argued the
. jury had best be withdrawn. The
Judge ordered the jury from the
room.
The idea of the defense seems
to be to force the prosecution in its
apparent determination to prove and
ask for a vedict for manslaughter
) and the defense is seeking to upset
ANY such result.
Legal Battle.
Many "musty volumes of ancient
lore" were brought in, law books,
IN dical books, opinions. authorities.
Among the cases to be used is the
famous DeJarnette case, in DanvilIe,
about twenty-five years, ago. when
/, Thomas j. DeJarnette shot and killed
Shis sister when he found her In a
disorderly house. DeJarnette was ac-
Quilted because of emotional insan.
ity.
John L. Lee answered Mr.. Keith.
aHe said that the first reading
1 the question had confused the mind
aof my learned young friend" He
said that the argument OF the State
was irrelevent, and that the state
ment was comprehensive. A care.
I ful perusal would show that It was
accurate. The men were incensed
when they learned all the facts, and
they armed themselves for the avow.
(, ed purpose of avenging the wrong
done their sister. They had desisted
When entreated by their sister, and
Z mad agreed to the marriage in order
to avoid a scandal The boys had
said frankly that they intended to
Kill Bywaters if he refused to keep
!. his part OF the contract. The pros
. ecution had said that medical or
: expert evidence must be first intro
duced to show desired conclusion
OF the mind before the question
was permissible. Mr.. Lee quoted
4 more modern authorities" to show
that the courts allowed and held
permissible evidence on the subject
OF responsibility before any effort to
establish a diseased condition of the
mind had been made or evidence
adduced.
"A long tes meal debate followed
virglna's Code Liberal.
iMr. Moore said that the statutes
: OF Virginia were most liberal. In
" II S5iHd, SGCllOu D, IL
would be found that even "derang.
I I'd" persons we're embraced in that
!, class which were to be dealt with
under certain conditions MIR. Moore
quoted from Judge Staples, Seventy
NTH Virginia, in the DeJarnette
case, moving that the principle there
enunciated was applicable to the
case at the bar. The trend of the
evidence sought to be presented had
Deen held by the authorities to be
a mitigation.
Capt Woods thought the hypothe-
tical question was defective in man,
respects. He argued to show that
vital and essential facts were nnr
fully set forth in the paper sub.
( mitted By MIR. Moore. An ex.
merit could not testify on hypothe
u tical question when related or ap.
piled to. a case under consideration
unless al the facts were equally and
clearly outlined. Captain Woods re.
viewed the evidence Of the two
Strothers to show that the shooting
was not the result OF sudden i'm.
I pulse, but was determined at the
a. 1lH - c'. fle