The Montgomery advertiser., 1907-03-01

Philip fired at Bywaters as he ran down the stairs"
 The testimony which followed con- cerned Bywaters's supposed attempt to escape by the window of the bedroom. which ended in his death on the roof outside.
 Bywaters returned to the bedroom. inc witness stated. followed by Mir. Gaines. who, he added. prevented By waters's escape by the stairs.
 "Did he remain long in your sister room?"
 sNo. he did not pause an instant, but dashed across the room and tnrousn the window. Both Philip and l, then opened fire on Bywater
 'JDid you fire on him while ne was In the room7' asked his counsel as he climbed out of the window. we did not fire on him until he had got- tea out of the window.
 After a recess of twenty minutes the witness resumed his testimony. of which treated upon the attitude of the stroth- CT family toward Bywaters' after the shooting.
 As the members of. the strother family seated within the enclosure heard their brothers reference to the dead mothers memory they too. were OVoTCOtft. hFaA 0ANA~ his breast and Mrs. Gaines sobbed audi bly,
 Affection for sister.
 When able to continue. James strotn- CT told of the deep affection enter tained toward Viola by the family. "viola was our baby" he said, "and it was our duty to protect her" Att torney Jeffries then asked;
 "Mr. strother. what were your feel ings when you became convinced that Rywaters had ruined your sister,
 .Eyery passion and emotion in my body was aroused he declared. became like crazy man. could think of nothing else. and was determined to bring the man responsible for her condition to a reckoning"
 On cross examination, the witness said he fired two shots at Bywaters as he got through the window. It was too dark to know whether or not they hit him. He said he did not know how many shots his brother Philip fired. though he remembered that he contin- ued to fire after him, the witness, had run down the stairs intending to head Byyvaters off. At the conclusion of the cross examination. luncheon recess was taken.
 The defense in the afternoon called Phillip strother, the younger defend ant. He was examined by K. Walter Moore. for the defense.
 The witness answered the questions without hesitancy and in clear firm voice, hts ccmposure being the same as has been his attitude throughout the trial.
 aWin you tell the jury" said Att torney Moore. what the attitude of yourself and brothers were after the wedding?"
 eve were peaceful and prepared to be on peaceful terms with Bywaters.
 Did you anticipate any troubleT
 Not the slightest"
 .rrhen why, if you did not antici-s pate trouble, did you carry two re- voIvers7" he was asked.
 T carry them at times for protec- tion. Sometimes l have to go home late at night"
 Bywaters he said, immediately fol- lowing the wedding became restless and insisted on leaving Rotherwood for c's9fpenper,
 "bid you try to prevent his goingT' asked Attorney Moore.
 T aia- | thought t his duty to stay with her"
 the shooting of Bywaters. the witness stating that the first shot was fired by himself as Bywaters attempted to escape down the rear stairway. He maintained that his succeeding shots were only fired because he was con vinced that Bywaters was desertlng his sister whose condition he added prompted him to shoot.
 He did not fire the second shot un- til Bywaters reached the roof of the porch.
 "The night was dark and I did not see Bywaters after he disappeared through the window"
 On cross examination he said he had to direct the shots by sound.
 Did you shoot with the intention of killing BywatersY'
 "Yes," unhesitatingiy replied the witness. 'T shot to kill him.
 Dr. w. J. Strother, an uncle of the Strother brothers told of being sum moned to attend Mrs. Bywaters whom he found suffering great pain. the result of a criminal operation. Had she not been given medical attention at that moment she would have un- 6oubtedly died within the next hour" stated Dr. Strother. He said that he advised an immediate marriage. Upon motion of Attorney Moore for the de- fense Judge Harrison adjourned the trial at p. m.