"UNWRITEN LAW."

Taranaki Daily News, Volume L, Issue 59, 23 April 1907, Page 4

"UNWRITEN LAW."

CLOSE OF A DRAMA'KC MURDER , TRIAL IN VIRGINIA. " ] BROTHERS' PLEA. rl li NEW YORK, March 0. ° The sensational trial of Philip mid r ' James Stiotlicr, members uf a well- '" known Virginia f.iinny, for killing Wil- " liam liy water after forcing him to marry v tiieir sifter, was concluded to-night at Culpepper. \ irginia. ri Philip Strother, who had boon suffer- ' ing from an attack of fever, recovered sufficiently to attend court to-day. Mr R. W. Moore, the leading counsel for " ;he prisoner;, addressed the jury for two hours, frankly basing his plea fo.> acquittal on the "unwritten law," which s prompted Bywater's murder after which ° the latter liad tried to desert the girl " he betrayed. s He quoted the old English common law l 1 inherited by Virginia, which protects the '' home, and declared that the man who c invaded those sacred preSeinAs took his life in his hand. "All Virginia expects you to acquit ' thes? men and to vindicate their action," " he continued. "I bring you this message from the defendants: Give them all ' or nothing. Send them back to their * families honoured men, or send llieni to the sea Hold." Captain Woods, the counsel for the J prosecution, demanded the conviction ot the prisoners, and ridiculed the "eon- f venient" plea of "'two minute'' insanity. He was still addressing the jury to- J night, and the verdict is not expected ' until to-morrow. ' Intense interest is displayed in the ' case. The court-room was crowded to- •' day, and many of the best known South- J era families" were represented. Thi - prisoners were given an ovation by > their friends ami sympathisers when ' they entered aud left the court-room, j The prosecuting counsel has been threat- ' ened with death if his efforts result <n their conviction. It is generally believed that they will ] be acquitted. ' ROMANTIC MURDER. The murder of William Bywater, a wealthy landowner, by James and Philip Strother, member of an old Southern family, last December, was regarded with "universal approval in Virginia, ! where the "unwritten law" is scrupu- j lously observed. | Virginians have boasted that no man i has ever been hanged for murdering a transgressor of the "unwritten law" : within their State. The Virginian code of honour demands summary punish : ment of certain crimes, and men have even been murdered for speaking insultingly to women in the street. William Bywater owned large nsta- '. tes in Virginia, and was a well-known breeder of racehorses. He was a prominent figure in society, entertained lavishly at his country house in Cuipcpper sportsmen for his "interest in foxhunting. The Strother estates adjoined those of Bywater, and the two families which were slightly related, had bceu intimate for years. ' Bywater's father and the father of the two men tried for his murder fought side by"side in the Confederate army during the war of the Rebellion, the sons were warm friends, and only a week before the tragedy, Bywater entertained the Strother brothers at his house, and gave a dinner in their honour. SISTER'S CONFESSION. Miss Viola Strother a beautiful girl of twenty, the sister of the prisoners, had likewise known Bywater since childhood, They were members of the- same huut club, and frequently went riding to- • gether. She was a spiendid horsewo- ' man, and a great favourite in Washington society. 1 There was no suspicion, however, that she and Bywater were more than friends i until early in December, when the facts which resulted in Bywater's murder were revealed by the merest chance. Miss Strother went to Washington , alone ostensibly to visit some school friends, but a friend of her brothers wrote that she had i>een seen with Byl water. The brothers went immediately to Washington, and Viola confessed to . them that she had accompanied By- [ water for the purpose of undergoing an operation. ; The girl was removed to the family "" mansion at Strothcrwood, Culpepper County, and the brothers, after securing a full confession from her, went in search of Bywater. Both brothers are expert revolver shots, and the elder, James, holds the amateur championship of the ■ State. The latter is also a member of the State Legislature. Bywater was taken prisoner in bis own house, and at the point of their revolvers the brothers conveyed him back to Strotherwood, where the giri lay in a critical condition. They announced their intention of killing him in the presence of their sister, but the latter begged to be allowed to marry. The brok. thers finally consented, and while one went, in search of a clergyman the other stood guard over Bywater. Miss Strother rallied sufficiently to be able to go through the marriage ceremony, while Bywater stood beside the bed/the brothers, revolvers in hand, being the only witnesses. f According to the testimony of James Strother in his own behalf. Bywater was extremely sullen, and would have ; refused to marry Viola but for the know-; ledge, that he woidd have beeu shot immediately. After the ceremony he tried to leave the house. "No, you'il stay here with your wife," Stroller replied. ATTEMPT TO ESCAPE. Bywater dashed for the bedroom win- [. dow and jumped through. Philip Strother took a running shot at him, but missed. James Strother ran downstairs "• and outside, in time to see Bywater '■ climbing down the porch. He shot twice aud Bywater was instantly killed. The brothers ordered the body to be carried to an outhouse, and then drove '' to the sheriff's residence and surrendered themselves, saying they were quite '• prepared to take the consequences. 18 The murder was universally commended. Every newspaper in Virginia approved of their vindication of the "miwritten law." James Strothcrs associates in the Legislature assured him of their support, and a fund was raised for the defence. - The story of his sisicrs wrongs, as I- related by James Strother in the witf» ness-box last week, moved the spcetali tors and even the jury to tears. "I shot to kill," he said; "I believed I was doing my duty, and I would do it again. When our mother was dying she d called me to her and asked me to be a 1- father to her baby \lola, and I prom>d ised that I would. "When T realised 'that this sister, the id babv of the family, had been betray»d by this man, a relative, who treated her '' with less consideration than he would an animal, and who, after marrying her merely to save his nfe, tried to li'iip f infamy upOn imfany by deserting Viola, I shot and killed him." brother declared that he had no intention of killing Bywater after lie had performed his part of tile obligation, but that Bywater became insolent and abusive, and then unexpectedly tried to run I away. The brothers averred that they tried to avoid scandal by arranging the marriage quietly and that Bywater was responsible for the publicity. MURDERERS' ACQUITTAL. "UNWRITTEN LAW" UPHELD ISY JURY IN VIRGINIA. DRAMATIC SCENE. NEW YORK, March 7. The "unwritten law" of the Southern States, which legalises murder under certain conditions-, has been triumphantiv upheld in Virginia. James and Philip Strother, who have been on trial at Culpepper Court-house for killing William Bywater a wealthy landowner who tried to desert; their sister after he had been forced to marry her, where this morning declared "Not guilty." The official endorsement of their crime occasioned an extraordinary outburst of public rejoicing. Practically all the residents of Culpepper County, in which the Strother and Bywater families reside, assembled around the court-house, and when the verdict was announced shortly before noon the crowd gave vent to extravagant expressions of joy. No one had believed the brothers would be convicted, even of ".justiliablc" homicide, but the protracted deliberation of the jury, who retired about ten o'clock, gave rise to some anxiety. FAVOURABLE JUDGE. The judge's charge was obviously in favour of the prisoners. "' James Strn'ther. who fired the sjhot which kilied Bywater. wept as the judge warned the juryman that they could not find him guilty of murder unless they were con- : vineed that Strother was not justified in shooting Bywater,

When the jury hau been in delibera- \ tion for an hour, the crowd outside the] court-house feared a disagreement, and i discussed it as a serious calamity. A.) party of mountaineer*, who carried their rilles, were in favour of shooting a few holes in the court-house walls, by way of hastening the verdict, but they were restrained by. friends of Strolho'r, who said there would be lime enough to make a "demonstration" if an adverse verdict were returned. When the jury lilcd into the courtroom with their verdict the two prisoners stood side by side at the counsel table, paie a s death. "Do you (ind ,lie prisoners guilty or not guilty';" asked the clerk. "Not guilty," replied the foreman. A tremendous cheer went up from the spectators, which was immediately echoed by the crowd outside. For several minutes the judge was unable to restore order. Relatives of the prisoners pressed forward and silook them by the hand, and some one called for lure cheers for the jnrv. SANCTITY OE THE HOME. When the judge was finally able to make himself heard, he spoke fe Oingly on the neecssily for pre.-erving the sanctity of the home. lie thanked the jurymen for their conscientious attention to the case. A prominent official of the Virginian State Government who was present wlun the verdict was announced, exclaimed "Thank God the "unwritten law" of Virginia yet lives!" The"strothers were then formally discharged. They shook hands with nil the jurymen, the sheriff warders, and other court officials, and th n forced their way siowly through the crowd outside, being overwhelmed with congratulations aud handshakes on all sides. They held a public reception in front of the post office, and then set off for the family mansion at Strotherwood, escorted by several hundred sympathisers on horseback. All the newspapers print eulogistic leaders regarding the verdict, and the only dissenting voice is that of the public prosecutor.