Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-04
TRIAL NEARS THE EnO'
Evidence in the Strother Case
Completed Today. a
INSTRUCTIONS SUBMITTED
Inability of Alienist to Testify Disap-
pointing to State Counsel.
EDWARD L. GAINES A WITNESS
Testimony, However, Not Regarded Of
Importance StroSAers Receive
Letters of Regret. q
L. GAINES A WITNESS

Special From STAFF Correspondent.
CULPEPER. Va, March 4.-The second
week Of the Strother trial opens with inter-
est centered in the attempt Of the prosecu-
ton to shatter the plea Of emotional in
sanity" advanced by the defense. BY CALI
ing DR.. De Jarnette, superintendent of the
Western State Hospital Of Staunton, Va,
to the stand today the prosecution hoped ;
to show that on the night OF December 10 ,
last, when William F. Bywaters was shot !
to death, James A. and Philip Strother,
charged with the killing, were in no sense
mentally deranged or Irresponsible DR..
De Jarnette was regarded as the states
mainstay in the effort to controvert the !
testimony of DR.. Charles Clark of the gov /
eminent asylum for the insane, the alienist
tional insanity" He reports he is unable to
come. His failure to testify is manifestly
disappointing TO the prosecution.
The next witness in point of Importance
is Edward L. Gaines, brother-in-law of the
Strother brothers, who was called by the
was at Rotherwood the night of the trag-
ed, although he was not, according to the
defendants, present when the shooting Of
Bywaters occurred. By Mr.. Gaines testi-
mony the prosecution hopes to establish
the fact that the Strothers were not only
perfectly cool and sane the night of the
tragedy, but that he was an actual witness
to the shooting of Bywaters.
Court Makes a Ruling.
When court convened this morning Judge
Harrison passed upon the testimony given
Saturday afternoon by George w. Payne,
who was friend of Bywaters. saying the
testimony Is not admissible so far as Philip :
Strother Is concerned. The court said it !
might be admitted with the caution that he
will consider it IL they believe the man who
was met by Bywaters was James Strother.
Judge Harrison referred to the testimony
relating to the time which interviewed be- I
tween the hour Bywaters left his mothers
house and his meeting with James Strother.
In regard to the testimony of the wit
ness Gaines. the court said he may be
called as an adverse witness and leading
questions asked. The commonwealth, the
court stated, has such a right, and also has
the right to examine him upon what he
said at the inquest These matters having
been disposed Of the jurors were called into
court.
II desire to offer in evidence" said Mr..
Keith. 1.-The shutter that was damaged at
the Strother home the night of the shooting
and which is now in court"
The Shutter Was Admitted.
The court then instructed the Jurors how
witness Payne.
Judge Grimsley, an uncle OF w. +. By
waters, the man killed. who was sworn
Saturday for the purpose of drawing a da-
gram Of the town of Culpeper, presented
the result of his work.
Identifies the Map.
rs that map of the town of Culpeper"
Mr. Keith asked.
ut is" was the response.
Witness was asked il he knew of the To-
cation of YoweIIs wire lot, where the wit
ness Payne had said Bywaters left his
buggy, and he answered in the affirmative
How long have you lived In Culpeper?'
the judge asked.
"Thirty-fve or forty years." he re-
sponded.
Where is Bywaters' house?"
It's the extreme house on East street,
responded witness, pointing 1t out upon the
map.
Witness indicated the location of the
stable of Bywaters and several other points
that had been mentioned during the in
vestigation of the witnesses last week.
DO you remember the night of the
shooting?" asked Mr.. Keith.
Il do
Did you have a conversation with any
body that night?'
Il did,
with whom?"
After heard Of the shooting from the
sheriff." said witness, Il called UP Rother-
wood over the phone and lady answered
the phone. l asked who she was, and she
said she was Mrs. Gaines. asked her
Never mind what you asked her." said
Mr.. Moore.
II object to this line Of testimony
Judge Harrison ruled that the testimony
could be given in that manner, but inquired
as to the object of offering it.
ITO show that the witnesses are at a va
rance regarding what was stated ex-
planned Mr.. Keith.
IF 1t is not for the purpose of CONTRA
dieting him." said Mr.. Moore II must most
certainly object
The court ruled that the testimony Of
James Strother be read to the witness and
that he be asked II 1t is true. explaining
that what Judge Grimsley and James
Strother had stated could not be received
against Philip Strother.
The stenographer read from the testimony
of Jas. Strother in which he said Bywaters
had been killed because he had ruined and
debauched his sister; that he had taken her
to Washington and had a criminal opera
ton performed and that he had brought her
home In a dying condition.
His testimony gave substantially what
was said" Judge Grimsley stated. with
the exception of the introduction and con-
clusion. When got him on the phone
said: What In the world 3 the matter ont
Continued on Sixth Page.)