The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-07
STROTHER TRIAL
CONFERENCE.-The Attorney Keith
Makes Opening Speech for
State and MIR. JeffrieS
for Defense.
ARGUMENT OF COUNSEL BEGINS

/
defense. he lay in large chair which
Judge Harrison had placed In the court
room for him.
Judge Harrison, having framed his in
structions, wanted to get them TO the
Jury and it has been his desire since the
opening OF the case to have it progress
as rapidly as possible so he urged that
something be done TO make Philip COM
Portable in the courtroom.
Mr.. StrOther declared he would 90 to
court. no matter how badly he felt, Tor
| he. too, is anxious to see the end Of the
terrible ordeal
Messrs. Keith and Jefiries We're the
only attorneys to address the jury Tues
| day afternoon. Everybody believes II
will not require the jury long TO reach q
conclusion aud the end OF the case is
looked for by Thursday
THE THEORY OF THE DEFENSE.
The addresses OF the Commonwealth 5
attorney and the chief counsel for the de
/ tense were as different as day and night.
/ Mr.. Keith in a plain, clear tone put be-
fore tue jury his theory regarding the
death OF Bywaters at the hands Of James
aud Philip Strother. He brought out
the theory that there was scufile be-
tween Bywaters and Philip before the
victim WAS shot TO death. This point
was based upon an ugly wound which
/ Philip wore on his forehead just after the
tragedy. Philip Strother has always de-
cared he fell from bridge while on his
way To Mr. Lannon's house just after
/ the shooting.
Mr.. Keith declared he believed Bywa-
ters meant To marry Miss Strother aud
do the right thing by her. As to the kill
| ing, he said the brothers simply carried
out their purposes to kill Bywaters II h
attempted 10 leave their house the night
/ of the wedding. The marriage should
/ have wiped out all, AIR. Keith cOntended,
and the brothers had no right 10 step in
and declare Bywaters should not leave
RotherwoOd
ARGUES FOR SANCTTrY or HOME.
Mr.. Jeffries based his argument upon
the provocation to the killing. and then
worked up to the climax that no man OF
/ the sensibiities OF his clients could posi-
/ bly, be- responsible for his acts when he
saw the betrayer OF his sister heap insult
upon injury by trying, 20 desert her
when she was believed to be dying. He
clearly adhered to the "unwritten law
and brought in a story from the Bible
for an illustration. And then the at
torney reached the keynote OF his argu-
ment by pleading for the protection OF
peace, love and virtue in tho home.
The arguments will continue. r. Wal
ton Moore will address the iury, followed
/ by John l.. Lee. both for the defense, and
Capt Micajah Woods will close the case
for the Commonwealth.
As soon &c the court was called TO
order Judge Harrison read his instruc-
tons to the Jurors and told them that be
had outlined the law by which they
must be guided.
WHAT MR.. KEITH SAID.
Mr. Keith said in part:
Now, as TO the prOyocation these men
! had, assuming that all that has been said
| is true regarding the betrayal OF their sig
ter and the operations in WashingtOn, the
marriage wiped all that out Their
minds had time to cool. They permitted
the marriage and then discussed deliber-
ately regarding Bywaters proposed re-
turn TO Culpeper They decided he should
be kept at Rotherwood by force il neees-
sary, and the only inference from their
own words is that they would kill him il
he tried to leave. II they did that-de-
liberated-and used "A deadly weapon, it
is murder under the instructions OF the
court. The marriage wiped Outall prov
ocatiOn They had no right to tell By
waters he should stay OF death would be
the penalty. They bad a purpose and
they carried it, but if you believe there
was no generalization, but merely malice,
il is murder in the second degree.
III you believe they thought Bywaters
was deserving their sister and killed him
in sudden heat or passion, the prOvOca-
ton would reduce the crime to man
slaughter. Now the only means OF "a
cape the gentlemen on the other side
could devise was the insanity plea. The
case narrows down TO the fact that if
thew were Of sound mind at the time of
the killing, provOcation cannot take the
matter from the law, for they are guilty,
but if you have a reasonable doubt as to
the generalization it reduces it TO man.
slaughter. Insanity must be proved,
which means that more than a reasOna-
| Die doubt must be created. You must be
satisfied the men were insane at the time
OF the killing
The theory OF the Commonwealth is
that Bywaters was shot as he was being
brought back into his wife's room by
Mr.. Gaines That was the reason "a
neighbor heared the shots, but could
not see the flashes from the pistols.
Mr.. Keith spoke l hour and 40 min
utes. while Mr. Jeffries. who resumed
the argument, took slightly more than
two hours.
MR.. JEFFmEs APPEALS TO JURY.
eve do not have to appeal to your
sentiment" said Mr. Jeffries, but only
ask you to be- guided by your iustruc-
tions from the court We appeal to you
| in behalf of these boys whose spirits are
crushed. Not oUly have they the
wronging of their sister to consider, but
the fact that they had to take human
life even where every man who could be
called man would have felt be had
right 10 do So
"The Judge cautions you that every
fact must be proved aud thatcOnclusOus
must be free from doubt. You are also
| instructed not 10 hunt mp dOuDts. Inere
is no doubt that these boys killed By
wat ers. All you have 10 consider is their
mental condition at the time Of the
shooting and what are the facts which
Justify it. Even before the marriage men
who esteem virtue will say it was the
duty of the boys to you aud to me 10
have shot that man, but if all OF the hor-
rible things and impulses worked them
up to such a condition that their reason
was dethroned you must find q verdict
of acquittal.
81 know there is prejudice against in
sanity. The general idea is to consider
a person must have been insane some
time pre- gious, but people do not hesitate
to think OF temporary arrangement. His
Honor tells you to consider the mental
responsibility OF these men, and we tell
you that man can become temporarily