The free lance. (Fredericksburg, Va.) 1885-1926, 1906-12-22
THE BYWATERS-
STR0THERS CASE
Widow Recites Tragedy Of We'd.
ding Day.
MRS. GAINES TsSTIFIES TO INSULTS
Said ByWatsrs Appeared Indifferent to SICK
NIfe's Fste-Trps to Washington.


NIfs's Fsts-Trips to Washington.
James aud Philip Strother, the slayers
of VIM. +. Bywaters soon after his mar
riage to their sister, Viola. Saturday.
Were Wednesday held under bonds OF
$4,000 To await action OF the grand jury
at the January term of court. The YER
diet of the corOner's jury was that By
waters came To his death 10y bullet
wounds inflicted by them. They waived
examination before magistrate after
the cOrOner's jury had listened To the
testimony of Mrs Nellie :. Gaines, a sis
ter of the Strother brothers, and To that
of Mrs. Viola Strother Bywaters, the
widowed bride
RNW ALTERS ENiItGEp.
According To the testimony Of Mrs
Gaines. Bywaters was turiuu>ly angry
W hen denied permission to return 10 Cul-
pepper after the wedding, and used III
sulting Language toward her and her
brothers. and appeared Indifferent as to
the fate nf his wife
Mrs Viola ByWaters. from her sick
bed. testified that she and Bywaters reg
iStered in Washington as husband and
wiic. but her testimony relative u the
shooting threw little new light on the
subject. a. she declated she was 50 eN-
clted her mind WAS almost a blank at
the time.
Mrs. Gaines was the first witness called
bv the Jury She was asked 10y the corO-
ner TO explain what happened az the
home of Der brothers the evening OF the
tragedy Mrs Gaines said that when
sh, arrived she was told 10y her brothers.
1t is all over; they TIE married
She went 10 her sister srOOm and found
her alone aud crying bitterly. Mrs. By
waters exclaimed:
oh. Nellie. why did they make me
marry him? They have broken my
heart
TRIED To COMFORT SISTER
Mrs. Gaines said she tried to comfort
her sister She said 10 Mrs Bywaters:
Viola. now that You are married. IL
l. the duty of your husband TO remain at
your side and mine To 20 u my children.
NO one was in the house the wit
ness said. excerpt the two brothers, Mr.
Bywaters. his wife and myself. MIR By
waters insisted on my remaining.
She said that she and Bywaters and
the two brothers We're in the sitting
room when she told him (Bywatersl
that she could not stay. and he said that
be- was obliged To return 10 town 10 at
tend 20 : me business.
MY sister" the witness continued
was then supposed To be in dying
condition He did not seem 10 regard
+ the condition of his wife OF any cOnse-
uuence. speaking OF going 10 tell his
/ mother of the marriage aud OF leaving
/ the house in a light rain. He was in
sultiug in his language and was iuriously
mad.
I II said to him: You are the lowest
| dog that ever lived lOu have taken my
sister 20 Washington and had an opera
ton performed IN the cruelest manner,
/ | have stood by her two days and seen
her 20 through physical and mental
agony for you. and how you want to
leave her in this condition without any
protection, and prayed that she might
die aud b. spared such life a. she
would have to live with you.
sNEEREp At Mrs. GAINES.
He laughed at ne and sneered in my
face. About that time my husband said
'Bywaters, want To tell you what
think of YOU You have violated every
obligation as an odd Fellow and as a
gentleman.
He said Yes. know il; but --
YOU and the Odd Fellows. What have
YOU got 10 do with it,
"Bvwaters then cursed them with every
vile epithet My husband and two
brothers heard him. and he made mo-
tons as il he would ike 10 throttle my
husband, and my brothers kept him from
striking my husband ! saw he was de-
determined 20 force trouble, and | pulled
nv husband from the room and then
went out on the front porch.
II did not see any one until | went TO
the dining room. where jim and Philip
were. We talked about what had hap
paned We Just said he would have 70
stav with her and nurse her as n hus-
band should. These were the conditions
they gave him when he married her. We
decided he should stay. That was the
condition under which h. had begged his
/ life. We wanted To conceal the fact that
he had been forced to marry my sister.
zone Of my brothers said he would go
upstairs and tell him that he was not 10
leave the house that night. We were
| then in the dining room, and heared
NV sisters voice | said Let us 90
upstairs. When got to the top OF the
steps and could see into the room, BY
waters was sitting by my sisters bed
and she had her arms around hlrn. hold
ing him. He jerked away iroih her, and
/ in trying TO get down the steps. nearly
pushed Inc over.
/ No SHOTS FIRED N ROOM.
INV husband then pulled him back
/ The minute Edwin let him 90 be depart.
ed for the window. As be went out Of
the window the boys began firing.
/ There were no shots fired in the room
Mrs. Gaines said the shots were fired at
/ Bywaters a. he went through the win
dow. Her brothers, Jim and Phil, fired
/ the shots, she said.
/ Replying 10 a question, the witness
said that Bywaters had said that he
knew nothing Of the condition Of Viola.
aud did not want to marry her. This
was on Thursday.
She told him her sister was dying as
the result OF an operation performed IN
/ der his direction.
He laughed cOntinted the witness,
land said: You can't prove it, told
him could prove it.
Mrs. Gaines was subjected to rigid
cross-examination by the several attor-
news. who failed to shake her testimony
Mrs. Gaines was slightly nervous as
the examination began, but gradually
reganed her cOmposure.
SENTIMENT CHANGES.
Her story greatly impressed those who
heard il. and in consequence has infiu-
enced public sentiment. Her testimony
differed but slightly from that OF her bus
band, given Sunday.
The testimony of Mrs. Viola Strother
Bywaters was taken in the room at
Locust Hill. her brOther-in-l9w' house,
where she was removed shortly after the
tragedy. She gave her version OF the
affair in the presence of the coroner, his
jurymen. her brothers, George +. ard
James:Mr Gaines aud several ne wspaper
men. Though still in a critical cOndi-
ton. she clearly related the events which
eliminated in her fatal marriage and her
sudden widowhood She spoke OF the
dead man with affection, calling him
esn ID -, I'll