The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-04
Nv 2 star corrc.rnndcnt.

Culpeper, Va, March 3-Interest in the
trial OF the StrOther brothers, to be re
sumed tomorrow morning in the Culpeper
courthouse, centers around the appear
ance on the stand of DR.. J. 5. Dejarnette
an ahenist from the State Hospital for
the Instane AT Stanton, Va, who has
been called by the Commonwealth in re
buttal Of the expert testimony introduced
by the defense to show mental irresponsi-
bility at the time of the shooting. DIT.
Dejarnette was originally called by the
defense. but after a consultation mere
with counsel for the defendants the alien
list was excused.
This is taken by many to mean that
the defense was not pleased with DR..
Dejarnettes answer to the hypothetical
question prepared to be offered when the
alienist took the stand. The prosecution
learned of the arrival of DR.. Dejarnette
and his return to stanton and decided
yesterday 10 send for him as a witness
for the State. Or. Dejarnette accepted
the invitation, and his testimony is ex-
pected 10 aid the cause Of the State mate
rally on the point at issue.
Defense Scores Point.
It is not thought by many. however,
that expert testimony Of any kind Will
now have any direct effect upon the YER
dict The defense has secured the point
it aimed at through the introduction of
the question Of insanity in the abstract.
The sole intention Of the defense, it is
conceded by those in a position to know.
was to introduce a legal peg upon which
verdict could be hung.
With no defense but that embodied in
the unwritten law plea. the court would
be forced TO charge the jury TO return a
verdict Of manslaughter murder in the
second degree. or murder in the first de
gree. and TO consider the provocatlnS
circumstances merely in the way of mlti-
cation. Legally, the minimum punish
ment that the jury could inflict, had the
defense rested on its plea of justification,
would be a years Imprisonment Now il
is legally possible for the jury TO acduit
on the responsibility plea.
What the verdict viii be is the sole
topic of conversation about town to-day.
There is an overwhelming majority that
believe acQuittal viii be the outcome, and
several bets Of five and six to one have
been recorded.
sympathy for Bywaters.
There is a strong element of Bywaters
sympathizers in town. Most of them
come from the upper part Of the county,
near Rappahannock County. Many of
them are rOugh-looking men. and this
element has been doing a good deal of
talking about town as to what they are
going to do should the jury acquit the
Strothers Their remarks are not taken
seriously by many, but il is rumored that
10 avoid all possible trouble all suspected
persons viii be searched for weapons be
fore entering the courthouse the day the
Jury returns the verdict.
Il is said that the report was received
by Sheriff Pulliam that several Of the
Bywaters partisans We're carrying re-
volvers in the courtroom. Judge Harri-
son has. it is alleged, received the assur-
ances from counsel for defense that
neither their clients nor any of their
friends attending the trial are armed.
Carrying weapons is a serious offense in
this town, and it is said that Judge Har-
rison has requested Sheriff Pulliam TO
look out for breaches of this ordinance,
and that he would deal harshly with the
offenders. especially those bringing their
weapons into the courtroom.