The Washington times., 1907-03-03
AIieniStS Aid StrOtherS,
Fight For AcquittaL

Continued from First Page)
but in few hearts tonight is the
thought of conviction of murder in
the first degree entertained.
The State played its few trumps this
afternoon. Its representatives say they
stin hold the ace and will present it
in the shape of testimony from Edward
l. Gaines, brother-in-Iaw of the de-
PENDANTS. who got Bywaters back into
the room I'm which his bride lay under
going physical and mental torture The
State contends that Gaines, a much
larger man than Bywaters. forced him
back into the bridal chamber. and that
he became a human target for the
deadly aim OF two infuriated brothers
of a wronged girl.
A Battle of Wits.
From many points Of view the ses-
sion this afternoon was intensely In
teresting. II was a memorable battle
with FIVE keen, quick, well-trained in
tellects as the participants
Now the prosecution had the upper
hand. battering down and sweeping
past the defense. Slowly, but sure, the
defense struggled 10 its feet, regalned
It's original bulwark. and rushed into
the camp Of the enemy. The keynote
Of the defense is purity. virtue and
honor, and the right 10 avenge them"
Entrenched behind the unwritten law,
the defendants have re-enforced them
selves with the plea Of mental irrespon-
sibility. Justification and excuse for tho
avenging of a wrong is "A sentimental
plea: mental irresponsibility is strictly
and thoroughly legal.
Philips Word Discredited.
Commonwealth Attorney Keith. after
one of the most eloquent and lengthy
debates since the trial began, was per-
mitte1 to interrogate Witnesses whose
testimony was at right angles with the
statements of preceding occupants of
the stand. One or two good points were
credited to the State after the examin-
alton.
Philip StrOther said he had not taken
a drink of intoxicating liquor since last
August. A witness this afternoon told
the jury that Strother confessed to him
voluntarily on train three days before
the tragedy that he had been indulging
in intOxicants and begged him not 10
tell the defendants uncle. DR.. Strother.
Both Sides Gain a Point.
James Strother testified that Bywater
drove past him in his own buggy, which
was in charge of a Colored man. Today
hoary and stopped old colored negro
said Bywaters' horse and carriage were
in tho stable at that time.
The same witness stated that Bywat-
ers remarked I'm coming back To town
tonight" This was very promptly seized
upon by the defense's attorneys and
the most will be made Of II IN argument
20 the jury as 10 whether Bywaters
really and truly meant 10 remain at
ROtherwood and make proper atonement
Tor the sacrifice Of the girls honor.
Counsel for the two sides have gotten
down TO the dregs Of their case. All
the testimony with a ring Of heart inter
est in it has been heard. weighed and
appreciated by the twelve rugged Vir-
ginia jurymen- The witnesses called
this afternoon told Of immateriaI mat
ters which are simply introduced in or
der that counsel might elaborate upon
them in argument TO the dozen destiny
holders
Alienists Practically Agree
The experts when pinned down seemed
TO agree that the Strothers We're either
irresponsible or angry almost 10 thS
last degree" which amounts to the same
thing. according to their own state
ments. Hypothetical questions IN
which assumptions and facts were piled
on top Of one another for half an hour
Il F-e
torneys Lee, Moore and Jeffries are C
base their argument Of irrationality anC
| irresponsibility
There was rejoicing in the camp of the
| defense when Judge Harrison ruled that
testimony tending 20 show that Bywat
ers was acting in good faith and had
no idea Of deserving his bride. was no
competent. He said ByWaters is no
rot trial and that his conduct or inten
lions We're competent as evidence only
so far as they We're known TO and at
fected the mental attitude and process 2:
Of the men on trial for their lives
1t was announced that taking Of tcs
timony would be concluded Monday
There Is some doubt regarding this
Why Gaines Was Not Called.
Much has been said about the de
fense's failure 10 place Mr.. Gaines OF
the stand. 1t is understood the attor
neys in whose hands the Strothers en-
| trusted their lives had a weIl-foUndeC
reason for refraining- Persons wht
| say they know whereof they speal
say Mr Gaines suffered an injury [,
| his head while in Il Eridiron contest
| and since that time his memory Ia!
beer affected. and his nerves weak. Tn,
| defense desired to pur on the stan,
| only such witnesses whose testimon,
| would be specific and reliable. an,
/ only those whose stories would Sc
| forth all the facts that would con
serve the interests ana guard the live
Of the brothers.
Gaines is to he called with the pre-
| sumption that he is a hostile witness
! Neither The prosecution nor the de
fense will be bound by his statement
because there is to be no direct exam
inatiOn Of him. Both sides will cross
examine.
| II has been said that Mr.. Keith will
call another expert on Monday for tn
evident purpose of proving that tn
brothers We're affected with fury an,
rage and not impUlsive insanity.
Friends Gather Well Heeled.
Men who put love for family an
friend above the value of a human lif