Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-02
TESTIMONY Of
TWO PHYSICIANS
Expert Witnesses in Trial of
James and Philip Strother.
IMPULSIVE INSANITY PLEA
Hypothetical Questions Submitted by
Prosecution and Defense.
DR.. DREWRY'S VIEW OF CASE
Said Defendants Were Shown to Have
Been Actuated by Anger
in Last Degree.
Hypothetical Questions Submitted by
Prosecution and Defense.

In the effort to prove that the
Strother brothers were overcome by
momentary insanity-or what was
termed impulsive insanity - upon
learning of the evident purpose OF
William F. Bywaters to Immediately
desert their sister following the mar
riage, and to show that the killing OF
Bywaters was the result of insanity,
the counsel for the defendants in the
trial of Philip and James Strother
at Culpeper, Va, introduced an alien
list, DR.. Charles H. Clark of Wash
ington, as witness. A question en-
bracing hypothetical circumstances
was admitted by the court and pro-
pounded to DR.. Clark, which he an
swered. In rebuttal, the state intro
duced DIR. Drewry of Petersburg.
The hearing of the testimony of
these two witnesses occupied the
greater part OF today.
Special From Stanf Correspondent.
CCLPEPER, Va, March DIR. Charles
III. Clark resumed the stand when court re-
convened this morning and Attorney Moore
read the hypothetical question. When he
had finished the reading he asked:
Doctor, how would you characterize the
mental condition of the brothers at the
time they committed the homicide?"
"They were acting under an irresistible
impulse which j would designate as i'm
pulsive insanity
Witness said the condition was the re-
suit of an emotional state brought about by
many circumstances.
May such impulse be brought about
without any history of previous d:sease?''
he was asked.
Yes sir
What is the principal cause of mental
arrangement
The exciting cause is stress
Witness said he had taken in considera-
ton all the circumstances relating to the
question in reaching agreement
How long have you been connected with
St Elzabeth's Asylum" witness was
asked
Ten years.
Witness explained his duties at the hos
pital telling of the frequent visits he makes
TO patients and of the various forms of in
sanity from which they are suffering.
Capt Woods asked witness where he drew
the distinction between anger and insan-
ity-if they were sane Immediately before
and Immediately after the homicide was
committed
Basis of His Opinion.
Witness said he had formed his opinion
from all the circumstances as had been de-
tailed in the question. He felt satisfied,
he said. that the conditions related had
overwhelmed the mental processes of the
men.
Captain Woods stated hypothetical ques-
ton recitng the circumstances from the
viewpoint of the state, Incorporating a
statement contending that the men had
formed fixed purpose in advance to kill.
Such being the case said counsel,
where does the question OF insanity come
in?"
Witness responded to the question. prac-
tically repeating the explanation he had
given in response to the question asked by
the defense.
Counsel stated the facts relating to the
conversation between Mr.. and Mrs. Gaines,
the Strother boys and Bywaters on the
lower floor that night and asked:
Would you consider that an evidence of
mental arrangement"
NO. sir"
Witness was told about several important
facts connected with the case and asked
If they were evidences of mental derange-
ment. He replied that they were not.
The First Shot Instanced.
Coming down to the time of the killing,
the witness was told of the shot fired
down the stairs by Philip Strother, and
asked if he considered that act an in
dex of mental arrangement.
Witness replied that the jerking away
from his wife the part Of Bywaters
caused the impulsive act on part of the
young man. and the circumstances immed-
ately following were calculated to cause
the irresistible impulse.
Isn't all violent temper a form of emo
tion?' asked counsel. IF he exhibits tenn
per and acts under it?'
THAT is a form of emotion" the wit
ness said, which is expressive of i'm
pulslve insanity"
Counsel stated the case of a starving
man asking for bread and being refused,
and doing some violent act.
Would you consider such act form of
insanity
Il think in such a case" the witness re-
sponded. 1.-The man would not be wholly
responsible
lis IL true, Doctor" said counsel, that
you have been a witness for the defense
In a number of cases?'
"It is"
''Six or eight during the past Year,"
Perhaps So"
The cross-examination of the witness was
continued at length, witness being asked