The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-01
shoot The OTHER halt of the button lis
Cross-Examination.

SS-EXalnlnat1Cns
Cross-cxnmlncd by Mr., Keith. witness
said he had not locked for the other
piece Of the button until this morning.
Tho prosecution was evidently trying to
provo Phil was OH the porch firing when
he lost u button.
Witness said lic had probably snid
IL BSwntcrs lid not marry Viola he
would Kill him. l1e lad his pistol
on MI theSd day or tho marriage. t1a
did not take 1t off after the murringc.
He rarely took off tho holster until
lie went to bed. He frequently cnr-
ried pistol, but 1t was not q habit.
A series OF questions were aimed
to show. that BYwntors went to tho
phone In tho llnllaby himself, and
might hive run away then hnd he de-
sired. 1t was not clearly shown where
the brothers were at that time. Wit
ness could not recall.
what We're you going to do II he
tried to slenve?" ,
III did not think hc was going to
lenve.' 4,
Witness said he thought his pros
ence in the room would prevent By
waters leaving. lin did not show
anger when ha laid his hand on by
waters's shoulder and asked him what
hc was going to do Tie was pretty
close to the door leading to tho steps
when he fred at Bywatcrs first. BY!
waters came back, Gaines behind him.
He could not say whether Gaines
brought him back, It was all so quick.
Bywaters said nothing when he car,o
back. Nobody spoke word. BY
waters rushed for tho window. Il
Mr.. Keith examined tho witness very
rigldly at this point, but without strik-
ing effect. Witness said ho directed
his fire towards the sound OF somo-
body on the tin.
you did not get out of tho window
and fire down on hin, this wny?' (in-i
dtcnting)
IT did not"
"You knew you were shooting at
While Bywaters?"
you knew you were shooting to
kill?"
eyes"
"Thnt will do"
A question from Mr.. Moore brought
out that Phil had gone at the re-
nnest Of Mr.. Moore to look for tho
missing piece Of the cuff button.
Dr.. Strother Testihes.
DIR. w. johnson Strothcr, uncle OF the
defendants, testified that ever since TUG
death of their father his relations to them
had been very close. The doctor tcsth"a
to talking with Jim about the trouble OF
the latter's sister, and also with I'M Dc
fore Jim's return from West virginia
He and Dr. Chelf went to see Vioia tslc
day prior to the shooting. The DOCTOR
said he doubted whether she would have
lived half an hour had they not arrived
when they did.
II though Bywaters was her honorao'c
lover said DR.. Strother. after ne mad
testified regarding loss Of blood.
He thought, after the conversation IN
his office between the brothers and him
self on the subject OF the approaching
marriage, that everything was settled. DR..
Strother was not cross-eXamined.
Raleigh r. Green. publisher of the Cul-
pepper Exponent, testified to taking the
dimensions OF the room, at the request
4 of Mr.. JeffrIes.
The window through which Bywatcrs
tried to escape is two feet ten and three
quarters inches wide. The open space
when the window is raised is two feet
nine inches high.
Mr. Moore. at the conclusion OF the
examination OF Mr.. Green, at a few mo-
ments to 4 O'Clock. stated to the court
that If adjournment We're then taken. SO
as to allow the defense to do certatI:
work, he believed greater progress woul'i
be made in getting the case to the jury.
He thought the defense could complete Its
side in two hours tomorrow. Mr.. Keith
told the court that II the defense took
no more time than that he thought the
prosecution could get in all rebuttal tes-
timony Tomorrow. Judge Harrison adj
turned court until $3.50 tomorrow.