The Washington herald., 1907-03-07
By a staH Correspondent.

Culpeper, Va, March 6.-To-morrow
morning at $3.50 o'clock the fate of the
Strother brothers will be formally placed
in the hands of the jury by Judge Hsr-
rison ahd that body of twelve men from
The County of Shenandoah will imme-
diately retire and deliberate upon their
verdict.
Arguments of counsel did not close until
10 O'Clock tonight. and as several of the
jurors appeared TO be worn out by the
strain Of twelve hours or more continual
session, the court agreed to allow them
TO retire for the night and take the case
under consideration in the morning.
All during the day the courtroom was
packed to suhocation with spectators
gathered from all over this county and
many surrounding counties, who came
TO hear some of the best legal talent in
the State of Virginia make its bid for
favor from the twelve silent. earnest
looking men occupying the jury box.
Jury Perhaps Not Yet Unanimous.
Walton Moore and John L. Lee. attor-
neys for the defense, associates of John
i. Jeffries. who opened yesterday after
nOOu and Commonwealth Attorney Capt.
Micajah Wood. of AIbemarIe County,
were the attractions, and they did not
disappoint those who came for miles to
hear them.
What effect they may have had upon the
jury remains to be seen. one thing ap-
pears certain, and that is that in spite
OF the stirring arguments and sympa-
thetic appeals by counsel for the defense,
the jury cOntemplates no such thing as
returning a verdict of acquittaI without
retiring for consideration Of the subject.
a proceeding that many have suggested
as likely TO occur.
Jurors Preferred to Wait.
When Capt. Woods had ended his argu-
ment tonight. and the court asked the
jury if they cared TO take up the case
then, or would prefer 10 wait until morn
ing. had there been any unanimous feel
ing at that moment for acquittal. it is
considered likely that all the jurors would
have been ready to take up the matter at
once. II sun seems 10 be the general
feeling here that an acquittaI viii be the
ultimate result of the jurys deliberations
tomorrow morning.
There are some who look for a huug
jury and some who say they CONF
deutialIy expect Il conviction of at least
any one who viii express the belief that
the jury Will ind the Strothcr boys guilty
Of murder in first or second degree.
Bywaters Called Moral DereIict.
Seldom has eIoqUeucc been hurled M
jury sitting in a Virginia courtroom as
marked the closing day of this trial
From $3.50 o'clock in the morning. with
an hours recess for dinner and another
for supper this torrent of forceful and
appealing argument poured from the lips
of counsel for defense and prosecution
until late I'm the evening.
Mir. Moore took up tine brunt of the
fight for the liberty of the defendants ut
Tire opening of the morning session. lie
was followed by NT. Lee and late in the
afternoon Capt Woods began the closing
argument for the Commonwealth.
in the argument Of Air. Moore. Bvwa-
ters WAS referred 10 as being a derelict
upon the ocean of morality. and counsel
asked if it were surprising that he ran
upon Il rock when ne attempted TO leave
the room AZ ROthcrWOJd and desert the
woman he had wronged.
Plea No Novelty in Virginia
Counsel for the Commonwealth he
argued. had asked why he had not asked /
Mrs Gaines about Philip drinking while /
on the train. and why he did not ask I
other questions OF other witnesses. Are /
we to Try this case in "a manner to make /
the lives of these men depend upon "A |
game OF checkers? And they want YOU |
gentlemen. To send these men. dishonored |
and disgraced, 20 prison because Of I
what they did. I ask you. are YOU going
TO DO it,"
Mr. Moore paid his respects 10 Capt |
Woods, To whom he referred as the pri- /
Vate prosecutor for the Commonwealth /
Then De went into the conditions preced- !
ing and what followed the shooting, say /
ing the conduct Of the defendants in call /
ing for the sheriff and for their friends /
was highly proper. Members of the jury
were assured that they had been given a /
full picture Of what occurred in the room
that night
You may say these men did wrong.
said counsel, but 7 trust to God you will I
not. An effort has been made to ridicuIe /
a solemn defeusc-a defense which Is
based upon the faCts-bUt is no novelty
in the Commonwealth of Virginia and |
the courts invariably give the iures
proper instructions. Emotional insanity
IS a different thing from an Investigation
that is made to determine the question
of sending dangerous man TO a mad
house.
Explains object of Insanity Plea.
As soon as Mr.. Moore had taken his
seat and the buzz of comment in the
courtroom had been hushed by the gavel
of the court John L. Lee arose and
launched into what became IL bitter de-
uunciation of the character oC Bywaters.
and. perhaps. the most eloquent appeal J.
10 the sympathetic side of the jurors that
has been heard during the trial Mr.. Lee
took up the discussion of the mental con
dition Of the defendants at the time OF
the shooting. and I'm speaking of the tenn /
porary insanity plea offered by the de
fense, said:
If these men had been guilty OC an act
Of moral turpitude or wrong. you might
view this defense with suspicion and
scrUtinize it more closely than you will
under existing conditions. II is inter
posed in this case. in order that you, gen
uemen Of the jury. may say, in coming
10 your verdict. and in perfect keeping
with your conScieuccs. that men. such MS /,
these. and such as you, may. under Ger
tain conditions, be deprived Of their rCa-
son and the power 10 control their acts"
Then Mr.. Lee turned his attention 20
the pathetic element in the case at hand
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