Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-21
POLICE START PROBE
Determined to Sift Washington
Side of ByWaters Case.
DETECTIVE AT CULPEPER
Wants Widows Statement About Her
Experience Here.
HER CONDITION IMPROVING
Officer May Be Able to Get Her Story
Tomorrow-Condicting Evidence
Subject for Discussion.
HER CONDITION IMPROVING

| CULPEPER, Va, December 21.-Detective
! r. M. Cornwell of Washington reached here
this afternoon to begin an investigation
| of the case of Mrs. Viola Bywaters widow
of William F. Bywaters, who was shot and
killed by her brothers, James A. and Philip
Strother. The Washington detective came
here for the purpose of seeing Mrs By
| waters, in order to hear her statement with
reference to what happened in Washington
at the time she underwent operation
there. 1t is his intention to visit the home
of DR.. E. l.. Gaines brother-in-law Of Mrs.
Bywaters, and interview the patient, If pos
sible. This is thought to be necessary be-
fore any action can be taken in Washing
ton looking toward prosecuting the indi-
vidual who performed the operation. 1t
will also be necessary for the detective to
ascertain If Mrs. Bywaters Is willing to
go to Washington and testify in the case
Mrs Bywaters, it is reported, is improv-
ing, but she has not yet fully recovered
from the excitement and nervousness caus-
ed by the visit of the coroner's jury to her
beside Wednesday afternoon. At that
time she was closely questioned regarding
the affair, and the nature of the inquiry
proved a great strain upon her. This after
noon 1t was suggested that the detective
defer his visit until tomorrow. By tomor-
row morning, it is thought, she will be in
better condition TO give the washington
officer a statement of the case.
Caused No Surprise.
No surprise was occasioned here by the
coroner's jury fixing the killing upon the
two Strother boys all the jurors had
to do in the was to report the place,
time. manner of death and the names Of
the persons who inflicted the wounds. Peo-
pie in the county had also anticipated the
<Nf Doll limo har fnr
trial and releasing them upon bond in the
sum of $1,000. Thus far the action of the
officials seems to hove satisfied everybody,
with the possible exception of some of the
closest friends of the Bywaters family, who
would like to have seen the two brothers
committed to Jail.
1t is admitted on all sides. however, that
the young men could never be convicted
of a charge Of murder, and nobody here
seems to imagine they will ever be con-
victed of any charge. That Bywaters got
what he might naturally have expected
seems to be the prevailing opinion, but
none of the residents of the town seem anx-
ious to take sides with either the Bywaters
or the Stroter family. The action of the
mayor binding the men over to the next
term of court means that they will have to
appear in court on the third Monday of
next month. 49,
The grand jury will take up the case i'm
mediately. and should an indictment be re-
turned the case will be called in the cir
cult court. Under the laws Of Virginia the
defense has the right to ask charge OF
venue should there be any apprehension
that such feeling exists that they are
unable to get fair trial IN the county IN
which the crime is alleged to have been
committed. This action was taken in the
case of Cluverius the murderer of Miss
Madison, in Richmond several years ago.
The change did not avail him anything,
however for he was convicted and exc
cuted This question has not yet been met
in the case of the Strothers however, and
until the grand jury takes action there Is
no likelihood of counsel deciding upon this
question.
There is much discussion here over the
testimony before the coroner's jury Of Mrs.
Gaines and Mrs. Bywaters.
Where the Sisters Differed.
The point upon which the sisters differed
was as to the manner in which BywaterS
treated his wife just before he was killed
Mrs Gaines testified that Bywaters had
talked lightly to her sister and had treated
her that evening as if he were merely an
acquaintance. Mrs. Bywaters said he had
treated her very nicely.
that part of her testimony which referred
to the scene when she witnessed the part
ing between her sister and Bywaters. She
declared her sister was lying in bed with
her arms about her husband as she looked
into the room, and that she suddenly saw
him Jerk away from her. Then, she said
he 6art9d toward the door lcdUlIlS 10 the
stairs and nearly knocked her down In his
efforts to escape from the room
James and Philip Strother were In the
room at the time, Mrs. Gaines said, but
had gone until she cried out. Mrs. By
waters, too, declared her husband had bro
ken away from her and that she felt he was
going away. She said she felt that he
hoped he would come back. But when she
was asked If he had said anything that
would cause her to think that he would
come back Mrs. Bywaters said she did not
remember anything, adding that she felt
safer with her arms about his neck.
Examination a Trial for Her.
During her whole story the young woman
for Mrs. Bywaters is just twenty-three
years old-spoke in a clear, though not
overly loud, tone, and her devotion for By
waters was shown in every syllable. Often
Sic referred to him BILLY" and the
mere mention of his name seemed as
balm for the pain she suffered, for at times
the young woman was apparently on the
verge of collapse.
THAT she was able to stand the cross-ex-
amina ton was simply the result Of abso-
lutte determination formed, no doubt, by the
knowledge of the strange position she oc-
cupies with her husband dead and the lives
of her brothers possibly in the balance, for
upon her testimony much will depend. and
the jury, should the case come to trial, VIII
undoubtedly take into consideration every
thing she says
Another Point of Difference.
A second point upon which Mrs. Bywaters
and her sister differed was regarding the
positions of James and Philip Strother when
the shots were fired. Mrs. Gaines said she
was positive that her broth 3 were in the
bedroom and only fired as Bywaters went
through the window Mrs. Bywaters, when
questioned on the same point said she knew
one of her brothers was standing on the
roof of the porch, but just previous to
that question she declared she was too near
crazy to remember much about the shoot
ing.
Mrs Gaines story was of a different sort,
however, and It was to be expected. She
simply told what she had seen and heard
in a manner which Is nard to describe.
While she was composed. she warmed up
occasionally, especially when she spoke of