The free lance. (Fredericksburg, Va.) 1885-1926, 1907-02-28

You have had every opportunity "a
talk with Mrs. Bywaters that Que could
want" said Mr.. Lee. You have had TX.
actly the same opportunity 10 sp al
with her that the attorneys for the de-
tense have had. Besides, she testified iOI
the coroner's jury and your colleague
Capt. Woods, CROSSE Iamined her"
That does not matter" replied Mr.
Keith, Il was not in the case then. and
do not intend putting witness on The
stand until know what she will testify
to. When we went for an interview Mrs
Bywaters was with her sister. Mrs BY.
waters, one would naturally suppose
would be a witness for the Common.
wealth. but her sister IL partisan and
hostile 20 the Commonwealth. There ia
no doubt that Mrs. Bywaters would
have besn treated with every respect and
consideration
"Well." said Mr. Lee. "never has the
counsel for the defense interviewed Mrs.
Bywaters unless in tine presence of a
woman, and she will mott as long as | aud
my colleagues have anything to say
about it.
ave will not use hera a witness, said
Mr. Keith.
"Then we will, said Mr. Lee dramat-
ically, land she will be our first witness
in the morning"
Az soon as he announced that be would
exclude all spectators from the court
room, Judge Harrison declared he would
also prohibit from that time on the pres
ence Of anyone under 81 years Of age.
The defense will put all thepersons " no
witnessed the shooting on the stand, az
we'll az James and Philip Strother, who
will tell their version on the case. The
Commonwealth will have number Of
witnesses to offeriu rebuttal. butit il be-
lieved the case will be- in the hands Of the
Jury hy the end of the week.
John 7. Lamon, who lives short dis
tance from KotherwOOd, was the princi-
pal witness, and the story OF what he
beard aud saw was pathetic. In simple
manner Mr.. LamOn described how By
waters died. He was the first man out
side OF the Strother family 10 reach the
side of the victim and he remained with
him until the last.
H. pin had been dropped its sound
could have been heard while Mr.. l.amOn
spoke The jury sat with drawn faces
listening 20 every word aud the eyes OF
James StrOther were running over. A
tear or two stole down the side OF his
own nose only 10 be brushed away quick
~ rs Mr.. Lamon dwelt upon his actions
after the shooting.
Il heard the shots Mr. LamOn said,
and then the screams Of woman. |
III l. 1. h.. i'll. ltaf I
felt satisfied that something was wrong
at the Strothers went toward their
place, but retraced my steps when
heard someone running. for thought It
might he someone coming fOrme. When
got home Philip Strother came up. His
head WAS cut and he said he Tell while
on his way % the house.
He told me he had killed Will Bywa-
ters. and asked him why in the world he
had done such "a thing.
He led my sister astTay' he Fad;
took her to Washingto where an opera
ton was performed. married her and then
tri.d To desert her
I'VE had started over 10 his home u
he had asked me 10 go back with him,
and as we walked along we talked. |
asked him il bis conscience hurt him b'-
cause Of the shooting, aud he said it did
not hurt him hit aud that be would do
the same thing over again.
when we reached the house met jim
Strother He said he supposed Phil bad
told me everything and added that he
had done some Of the shooting too |
asked where Bywaters was, and was
told that his body was on the roof Of the
porch where he was shot while trying TO
escape through the window. They
thought he was dead then, but heard a
sound from the roof and went To inyesti-
gate. There saw Bywaters.
Looking up, be- recognized me and
called my name. He repeated it three
times and held out his hand To me. |
took it and it was cold.
"'YOu must DO something for me, he
said. Please give me water or some
thing
Il got him water aud he said ! mut
do more. Then went for some whisky
for him. Mrs. Gaines gave me some and
returned to the porch.
Mother, mother, mother" he gasped
a. he tried To speak
81 held out the llquOr.
"'Oh, what shall do?' he asked.
Pray, said !.
He was quiet for while and then bis
hand clutched the bottle, for he could
use one hand little He raised the bot
tie TO his lips, drank a little and saw he
was going.
Gentlemen, did all could in Gods
world for him.
After that ! went downstairs and
saw Viola. She was begging Jim to for
give Der for lying
Jim che said, forgive me; lied to
you like hound dog
He tried TO comfort her, but she de-
clared she would never be able To lift her
head again.
"Iln only kissed her tenderly and tried
10 comfort her"
As Mr. Lamon concluded James
Strothers chin quivered, his eyes filed
and be seemed on the point OF bursting
into tears. Almost directly behind him
sat Philip, with his eyes set upon the
witness. His eyes were dry.
Sheriff PuIiam was again called To
present the three pistols with which the
shooting is alleged To have been done.
Two. he said, he got at Rotherwood on
the night Of the tragedy and the third he
declared was delivered a few days ago
to his deputy, Mr. Bowersett, by James
strother. The pistols were OF the better
grade and appeared to be Of %, 81,
add .3S caliber
We Cncss, Jerk OF court, testified
Bvwaters came TO him December 10 Tor
a marriage license for himself and Miss
Viola Strother. Bywaters, he said, told
him his bride-to-be was i'll and the cere-
mony was to be performed Immediately.
While the document was being prepared,
Mr. Coons said, Philip Strother came in
and Bywaters ioked with him about
being the next fellow to get license.
Before Bywaters departed, he said,
James Strother made his appearance
aud requested private talk with BY
waters.
Rev. J. W. Ware, rector OF st.
Stephens Episcopal Church, testified he
met James Strother on the street on the
afternoon of December II and was told
that Viola Strother was i'll. James
Strother, he said, declared Bywaters
wanted 10 marry her, and he went to
the house with him. After waiting for
about half an hour in the parlor. be said,
no went IN into Mics Strother's room