Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-06


at the time the shooting was done," said
Mr.. Keith. you should acquit. If you
actually find that their reasoning powers
had been swept away it Is your duty to
acquit.
IF Bywaters wanted to go away" said
counsel. why in the name Of common sense
did he not go Friday night or Saturday
| morning when there was nothing to stop
him? He could have gone. but he didn't.
That Saturday morning after the license
was procured he met his cousin and said
Come out this evening, I'm going to be
| married. / ask you, gentlemen of the jury,
does that look as if he wanted to desert
the woman? Then they said he wanted to
dodge the issue; that he wanted the cere-
mony put off SO he could fee. but after
the marriage he put diamond ring upon
her finger as an evidence of affection. He
| door, after he was married and there was
no reason why he could not had gone out
the door into the darkness at that time
Question Not Decided.
''They tell you he opened the window in
order to make his escape through it, but
they offered no proof upon that point. Mrs.
Bywaters was in the room and she was the
| only one who was in a position to tell who
opened the window, but she was not asked
the question. 1t he opened the window
| that night why did he not get out and
drop softly from the roof of the porch in
would have to go out in hurry? This
man. Bywaters, is dead, and he cannot
come and tell you what happened.
What occurred in that room is the cru
cial question in this case. These defend
ants told you they went to the room to
watch him and they found him doing just
what he had promised he would do-was
there taking care of his wife. He was
| seated at the bedside of his wife and her
arms were about his neck. Bywaters knew
ne had done wrong and he wanted to tell
his mother of what he had done to right
the wrong, thinking it would be well for
her to hear it from him.
There is nothing in the testimony to
show 1t and do not believe that Bywaters
intended to leave the house that night. He
couldn't have done it. because there was
too much at stake. and I tell you, gentle
men, that there was some affection in his
heart. Bywaters had been the person to get
MISS Strother in trouble and he was doing
the best he could to get her out of trouble
as lie saw it. In that room were the two
Drothers, one armed with two pistols and
the other with one. The second one who
goes to the room. p aces his hand upon his
shoulder and wants to know what his in
tentions are. Bear in mind, gentlemen the
picture that is presented to you. The posi-
tion OF the husband and wife is one of af-
1ectlon and love and the brothers had de-
cided he should not leave the house that
nleht. When he went out that window,
as they to!d you he did. why didn't they
grab him? They didn't do it, but they did
shoot at him and one of them had reason
enough to run down the stairs and head
MN Off They. did not stop firing. they
The jurors We're told of the Dreparations
maze by the two defendants after the shoot
| ing mad taken place and counsel told them
ol tne 1orty-hve seconds they We're sup
posed to have been insane.
insane Just as long as is required to
make Photograph, Mr. Keith stated
and they now ask you to take that forty,
hve seconds out of their lives and blot If
out forever. 1 ask you. is there anv evi.
| dence to justify it? 1 fail to see how thew
eouiu nave peen insane during the forty
nve seconds and be sane the forty sixth
second, but as l have already said such
defense is made In a great many cases
of this SORT
The Defense Side.
Mr. Jeffries started out by telling the
jury that 1t is usually pleasure for him
10 come back here and greet his old friends
IN Cuipeper county, but this occasion is an
exceptional one, his soul being burdened
WIN VIII sorrow; He said he had hoped that
the last act OF the drama in the two we'll
known families of the county had been
closed. and that no additional leaf would
De opened to lay bare the scandal that had
been the cause of so much trouble in the
county. What was to be gained by il he
was unable to tell. -
But" he said "the law had decreed
I'M snaI tne oook should be opened, and leaf
by leaf it has been opened, and the facts
| or the scandal laid bare 1t is now for Won
| 10 say whether these young men did right
OF wrong; whether or not they are respon-
n.
| they have done no wrong, and that Vol,
would have done the same thing had Won
been in their places.
III there was ever case in which the
sympathles OF the jurors should decide the
question he said, st is this case While
II Is true that we lay our case upon the
Jaw of the land. it is equally true that it
! should not have to be done"
Mr. Jeffries said his clients were bur-
dened to the earth. not only because of
their sisters shame. but also because they
ala what they could not help. Every man
| with the name of man. however would
| nave felt that he had a right to do lust
| what these defendants did when they saw
the BABY OF the family-the one they had
protect-being led astray, taken Off to
| washington and then brought back, mar
| ried and deserted.
| when l look into your faces" said
counsel to the jury, II can see that Won
| want to acquit these boys, and that moth
| ing under the high heaven but your oath
| could possibly prevent 1t. No twelve men
| could be obtained in Virginia who would
| not want to do the same thing"
Discusses Reasonable Doubt.
Counsel took up the question of reason
able doubt with the jury. and also referred
to the instructions which were laid down
| by the court. stating that there could be
| no question that Will Bywaters was killed
| by the Strother boys, and that the question
| OF their mental condition was all they
"ooio nave W pass upOu 1t was the ODln-
| lon of counsel that the stress and strain
upon them was enough to have more than
driven them crazy. The facts in the case,
| he thought, fully justified that plea
1T was duty they owed to themselves
! to shoot that man., Mr.. Jeffries declared
and 1t was their duty to their neighbors
and to their state. The conditions were
| such as to dethrone the reason of any man.
| and if their condition that night got be-
yond anger and their higher sensibilities
| were attacked to the extent that I have
stated his honor says you must find the
defendants not guilty"
Attorney Jeffries said he realized that
| there was a general prejudice against the
defense of insanity, but the defense he ex-
planned. is a legitimate one, and it is one.
| he thought. which should certainly prevail
| in this case.
! Counsel directed his attention to the con-
duct of Bywaters. At Rotherwood, he said,
| he was welcomed as a brother, friend and
| protector and that while there he wrecked
the life of a sweet and innocent girl, ruined
an honored home and did about as much
damage as he could possibly have done,
and now the state is asking that the men
| who protected the freside, the honor virtue
and even the life of their sister be made