Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-20

Judge Aiken does not know any of the
parties to the case.
A surprise was occasioned by the with
drawal from the prosecution of the case of
c. NJ. Waite, the commemorative attorney.
He retired, it is stated, for personal reasons
and his place will be filled by John Keith,
commemorative attorney for Fauquier
county, who is to be assisted by Capt
Micajah Woods of Charlottesville. The
latter conducted the prosecution of Sam
uel ]. McCue, former mayor of Charlottes-
vile, who was hanged for the murder of
his wife.
Charge Made by Defense.
1t is also stated that change has been
made by the defendants, John L. Lee of
Lynchburg, one of the counsel for the de-
Tense in the McCue case, and R. Walton
Moore Of Fairfax county, having been en-
gagged in their behalf. Mr. Moore is re-
garded Is one of the leading lawyers of
the northern part of the state and is par
ticularly well known in Washington With
this array of legal talent on both sides
the case promises to be one of the most
interesting in the criminal line ever tried
in this county.
There seems to be but little probab iIity
that the case will be tried a the approach
Ing term of the court, however, as such
important controversies are seldom heard
during the term of the court at which the
indictment is returned. Under the law of
this state the Jurors have to be selected at
least ten days before court convenes and
the Jurors who are to take their seats in
the box Monday have already been drawn.
The law specifically states that no persons
shall be drawn as a juror in homicide
case whose home is within three miles of
the scene OF the alleged crime, nor shall
any person be drawn who is related to
the accused, to the deceased or to the
commemorative attorney. Four peremp-
tory challenges are permitted the defense,
Out the prosecution can only challenge for
cause.
1t Is said that the prosecution has been
actively engaged upon the preparation and
that they will be ready to proceed with the
trial unless some of the witnesses in the
case should disappear, which is not likely,
or should they get sick. Dr. E. L. Gaines
and Mrs. VIII F. Bywaters, the only wit
nesses to the tragedy, are regarded as
favoring the defendants, but their state
ments Will only amount to what the de-
PENDANTS will practically admit. Mrs
Gaines will also be an important witness
In the case. All of them have made state
ments to the coroner and they can only
repeat what they have already said
Illness of Mrs. Bywaters.
Mrs. Bywaters, the widow, may not be
able to appear at the approaching session
of the court because of illness. She has not
yet recovered from the effects of the oper-
alton that was performed upon her in
Washington. Friday Mrs. Bywaters was
i'll, and it was feared she would not re-
cover, but an improvement was noticed to-
day. Her condition, it is stated is Still
critical, and 1t is hardly likely that she
will be able to appear in court during the
coming week.
Should Mrs. Bywaters recover from her
illness it is believed she VIII be summoned
to appear In Washington in the case of Dr.
Edward Leon Thompson, who is held there
for the action of the grand jury. During
her testimony before the coroner's jury she
declared that the operation performed upon
her in Washington was by DR.. Thompson,
and it was largely because of her accusa-
ton that the physician was arrested and
accused 1t is expected here mat deputy
marshal or other official from Washington
will be on hand tomorrow or later in the
week for the purpose OF serving a sub
poena upon Mrs. Bywaters to appear in
that city and give testimony against DIR.
Thompson. There is no certainty. however,
that she will be able to go there at
very early date.
When Detective Frederick Cornwell of
Washington was here several days ago for
the purpose of seeing Mrs. Bywaters he
was unable to get an interview with her
because Of her illness, and he could only
learn of her sentiment about the trip to
Washington by questioning her relatives
and her physician. 1t is known that the
young woman does not care to go to Wash
ington to testify, thinking she has already
been given too much notorfety, but. 1t is
stated. she is anxious to have the Washing
ton case tried, and she may consent to go
there without O1IeTlllS any SeilouS opJeC-
lions.
Information has been received here indi-
eating that the United States attorney for
the District of Columbia Is determined that
Mrs Bywaters shall appear there as wit
ness against Dr. Thompson and that he
will appeal to the courts should she fail to
respond to the subpoena. In case OF her re-
fusaI it is stated a writ will be obtained
from the Judge of the court and upon such
a paper the person named will be taken
before the court here and placed under
bond for her appearance. Such proceed
ing, however. may not be necessary.
Interested Parties in Town.
Some of the persons who are taking an
active part in the homicide are already
here and others are expected tomorrow. 1t
is believed that when court convenes Mon
day morning the presiding judge, in his
charge to the grand jury, will dwell at some
length upon the tragedy that was enacted
at Rotherwood last month. In all proba-
bility an Indictment will be returned with
out delay and Judge Aiken will then call
the case for trial. The law states that such,
cases are to be tried at the term of the