The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-05
NO MENTION OF
UNWR|7TEN LAW
IN INSTRUCTIONS
Judge Harrison Gives
OutDOCumentf for Guid-
anCe of Jury.
WILL LIKELY GO
TO JURY TONIGHT
Argument Begins This Morning,
Mr.. Keith Opening for the
Cornmonwealth-Mr. Lee
Will Close for the De-
fense-Gaines Was
Star Witness. Y
Especial to The Times Dispatch.l


CULPEPER, VA, March with
the beginning Of the argument oi
counsel tomorrow morning. tho
trial OF Philip j. and James a. Stroth-
er. charged with the killing of w. r..
Bywaters, is fast reaching that point
when the jury will be asked to decld,s&
the guilt or Innocence of the prisoners.
At the session of the court to-day
both sides concluded the examination
OF all witnesses in tho case, and sub v
nittcd their instructions to the court
this afternoon. Their Instructions
were gone over tonight by judge
Harrison. and from them he has pres
go from the court to the jury. Imms-
diately upon the opening OF court to-
morrow these instructions will be ren
Ly the presiding Judge, after which
the arguments will begin. It Is ey-
pected that acting prosecuting attor.
ney j. A. G. Keith will make the open-
ing argument. leaving Captain Woods
to conclude for the Commonwealth
Following Mr.. Keith, Attorney Jeffries.
the counsel for the defense. will prob
ably make the first plea for the
Strother boys before the jury, while
Mr.. John L. Lee will make the closing
argument. AS Judge Harrison is co,;,-g
PEELED to preside at another court on
Thursday an effort will be made to-
conclude argument for both the de-
tense AMI prosecution Tomorrow, 10
that the case may go to the jury Wed .s
nesday morning. 1t is possible that
night session will be held to-mor-s
row, In order that this may b.yaccomsS
.rlished n
Spectators Surprised.
Much to . the surprise Oft of the hun, n,.ss
neither session OF the trial was fraught
with any sensation. Two Important
9p6int ts4ewhicli the Il ttorneys,s for the
persecution hoped to bring out to-
day did not r,aterialize 4 and bef fore
the noon recess was taken Mt keith
Its case. First OF all the acting pro-
scouting attorney was Unable to pro-
duce DIR. j. N. DeJarnette, of the Vest
ern State Hospital for the Insane, by
whom he had determined to contradict
some OF tho statements made upon tie
stand Saturday by DIR. Charles Clark,
of Washington, and whose testimony
was in favor OF the insanity plea
raised bv the defendants. Or. DeJar-8
nette had been summoned as a witt
hess for the State but he notified
Mr.. Keith at the last minute that his
duties would not permit his leaving
the Institution. With the exception OF
an admission while upon the stand
that he testified hefore the coroner'aH
Jury that the window of Viola By
waters's room was down at the time.
of the shooting. the evidence Of Mr.
u l., Gaines. brother-in-law Of thes
Strother boys, an eyewitness to the
shooting who was considered star"
witness for the Commonwealth, failed
to elicit additional facts bearing upon
tho murder. This relative OF the pris-5
oners made the poorest Witness OF
any person who has yet been snrn-
moned to give testimony, and showed
%
ing the attorneys for the prosecutions,
but by taking plenty of time In which
to make replies to questions propound.s
ed to him. he prevented little from be-
ing drawn ont of him that would have
n detrimental effect on the case Of
defendants, ~
Window Was Up.
| In reply to n question asked by Cap.
| tain Woods. Gaines admitted that when
he appeared before Coroner Lewis M
| stated. following the tragedy, that tina
window in yIola's room was down he
| was In a highly nervous state ana
thought that such was the case.
He explained further at the request
OF Mr.. Jeffries. counsel for tho stroth-
err bows that at the time that hN
entered the roo m Of Viola By-
waters. the window was down,
hut that he went out again, and that
| sufficient time elapsed before he ra-
| turned again for the window to have
| heen raised without his knowledge.
The attorneys for the prosecution dur
| ing the trial of the case have attempts
ed to prove that the window was down.
4 and that Bywaters gould not have got-
| ten out OF 1T as quickly as 1t was clRiNl-
| ed by the defense, and that further he
| lost his life while engaged In q fight
| with the Strother boys inside OF Ihe
] room Tho counsel for the defense
~
| Gaines is insignificant, inasmuch az
two witnesses within the past three
davs of the trial testified to the fact
| that the window was raised after
| Viola Bywaters was married to the
slain man.
People Commend Them.
While sitting In the courtroom to-day
James A, Strother. one OF the prisoners
charged with the killing OF Bywaters.
was handed several letters. written from
friends in various places. ,siammending
him for his act, and hoping that he
would be acquitted. Two OF these letters
were written from Baltimore, and signed
mother and Yirginian.'
The usual large crowd of spectators
attended the morning session OF the
court, many of whom wern attracted by
the possibility that the attorneys foE
/ the prosecution might be able TO spring
surprise by bringing out some ratheE
sensational feature bearing ON the srag-
edy from the testimony OF W, l., Gaines,
| brother -in-law OF the prisoners.
Judge Harrison, who spent Sunday ~
Baltimore, was late In reaching Culr
pepper. and court did not convene until
i nearly 10 o'clock. This caused Nttie
delay, however, for the witnesses were
hurriedly called and tho hearing OF thu
=