Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-07

band and the friends who surrounded him.
When Judge Harrison had concluded his re-
marks the spectators rushed toward the de-
PENDANTS and extended congratulations. The
acquitted men were followed from the court
house to the hotel, and on the way friends
gathered about them in such great num-
bers that it was almos. impossible for them
to proceed.
Counsel for the defendants were highly
elated over their victory, but the attorneys
for the commonwealth we're disappointed
although not surprised. Throughout the trial
they had realized that they were fighting
against odds. They felt that public senti-
nlent was against their side of the case
and about all they had to say when the trial
was over was that they were glad there had
been no disagreement
Judge Harrison Addresse- Jury.
The judge overcome by emotion
that it was with considerable difficulty that
he able to express his thanks to the
jurors for the manner in which they had
attended to their duties. He rea lied, he
said. that they We're men of families and
that it had been a hardship to keep them
here many days adding that he had
not one word of eensure for the conclusion
they had reached. The judge said:
Gentlemen of the jury, you have now
for nearly two weeks been absent from
your homes and your daily avocations in
your state has imposed upon you.
You have borne every attendant dis
comfort with patience and without COM
plant and your conduct in court and out
has been up to the highest standard of
excellence. l have been proud of the fact
that you have come from county in my
circuit.
I'm regard to the law that / have given
you for your guidance, 1 have taken the
instructions most likely to give rise to de-
bate, word for word, from an instruction
which our highest court sanctioned.
Your verdict, too gentlemen, has fol-
lowed the precedent of American juries,
generally, so far they have come under
correct doctrines, but American juries will
not punish a man who kills another If
that other by aggravating and damnable
treachery invades the sanctity of his home
circle and destroys it's peace.
You have listened to this evidence with
scrupulous care. You have been assisted
by able and eloquent representatives Of
the commonwealth ar1 defense to reach
a righteous verdict. / know you to be
men of high character and high purpose,
dictates of your Conscience. This is all the
court could wish, and with it the court is
satisfied.
Il hope you will have a pleasant return
to your homes and find all WELL"
History of the Case.
More than ordinary importance was at
tached to the trial for the reason that the
people Of the state of Virginia regarded 1t
as a crucial test of the theory Of ''unwrit-
ten law" They wondered il a jury of
twelve men from one Of the foremost coun-
ties of the prosperous Shenandoah valley
would say that Philip and James Strother
had committed a crime in avenging the
wrong that had been done their sister.
When the defense of insanity was inter-
posed to furnish avenue of escape for
the defendants messages from all sections
of the state indicated that the people of
the state were surprised.
why resort to the defense of insanity"
was asked by some of the writers of letters.
HAS 1t come to pass in the old common
wealth of Virginia that a man who de-
tends the honor of his family has got to
say he is crazy in order to be exonerated?"
MANY mes "a Qes of this kind were sent IN
members Of the Strother family and other
residents of Culpeper county. With the
POSSIBLE exception of letters received by
relatives OF Bywaters, the writer's insisted
that the two brothers should not be pun-
ished.
Will Be Memorable.
The case will be a memorable one in Gull
peper county because Of the fact that viii
Bywaters and his wife, formerly Viola