The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-05
Negro Driver on Stand.

At the afternoon session OF court the
counsel for the defense granted Fermls-
sion to call James Clark tcolored), who
was employed at the stable Of the muir
dered man for the purpose Of questioning
him concerning his statement made on
the stand a few days ago that he did
not drive Bywaters from his home IN
buggy on the afternoon OF the nnootillg.
He practically substantiatad this state
ment on the stand to-day
Mr. T. d. Clatte,buck, farmer residing
in Culpeper. was next called, and contri-
dicted the statement made by Clark. WY
ness said that the negro had SAID N MS
presence that Bywaters had been driven
up the street by him some time during
the afternoon of the day upon "hich the
tragedy was committed.
Judge Harrison again ordered recess,
ana when court rcconvened at 3 O'clock
counsel for both the prosecution and de-
Tense presented the instructions. me M
structlons submitted by the Commons
wealth are twenty seven in number. COW
ering about ten pages of typeWrltten pa
per, while those of the defendants NUM-
Der nineteen, and cover about eight pages
of legal paper
After each instruction had been read
by Judge Harrison Il number Of amend
ments We're offered by counsel for both
sides which resulted in legal tits THAI
extynded throughout the balance of the
afternoon session.
In these Instructions the counsel call
particular attention to the emotional in
sanity plea, brought on by the conditions
leading up to the attempted escape by
Bywaters from the Rotherwood home.
With equal force they ask that the jury
ne instructed 10 weigh carefully all owl
dence produced to show that, aside from
the emotional plea, there was enough
revocation arising in the events ante
dating the tragedy which JUSTIFIED the
Strother boys in killing the husband Of
their sister.
On the other hand, Acting Prosecuting
Attorney Keith and his associate Captain
Woods, are as emphatic in asserting in
instructions given the court that there
was no provocation for the killing OF BY
waters; that by his marriage TO the girl
he and she became one, and by so doins,
We're accountants to no one for their
movements, and that Bywaters, If he 50
desired, had II perfect right to leave the
house of the Strother boys without hayin;,
TO forfeit his life for IT,
The Commonwealth also deals at length
with the plea of 'emotional insanity"
ana say that the Strother boys could not
have been temporarily insane, as they
coolly and deliberately planned to keep
Bywaters Al their home, peaeeably If pos
| sble, but by force If necessary, and that
| N CARRYING this plan into execution they
| Old so In perfectly sane state The in
! sunet'ons of counsel for both sides con
J tam many technical points of law upon
which the jury VIII need to be enlightened.
Important Instructions,
! Judge Harrison tonight made public
| ,he Instructions which tomorrow will
ee handed the jury in the Strother-
nSwateFs case, In all, they number
thirH-one but the majority OF them
sou1E On phases of the law already
| Familiar To the legal profession 10
| spseiiic reference is made to the un-
written law.
Here are the instructions bearing
e'ther on insanity. or the more Import