The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-01

going to try to leave before you went
up stnirs?"
Even though believed he was fixing
strouhleo
Witness said all idcW OF hurting BY
waters was abandoned when he agreed
TO marry his sister, He had no fully
framed intention when he went up-
stairs. Aftersflrther questioning, Wit
ness said:
III suppose we had determined to
hurt him II he tried to desert hcr."
He said, In answering question. that
he placed his hand In very friendly
way on the shoulder OF Bywaters ~
he sat by his Wife, and asked him
whit he was going to do tBywntcrs
made, no reply
Mr.. Keitllfaslecd a number OF ques-
tions designed to bring out TINT BY
waters was expecting harm Mt tho
hands of the Strothcr brothers. Wit
ness could not rocall how Gaines got
Bywaters back into tho room. Gaines
is the larger man. This thing takes
q hundred times longer to tell It than
ut was your purpose to keep Mr..
Bywatcrs there peaceably that night;
forcibly II you bad to; 80 why didn't
You stop him by catching him?"
Witness explain9d that he Thought
he md Phil were around the door
when Bywaters and Gaines got Aacls
up the steps into tho room. They
gave way Bywaters
rushed by and towards the window
There was no time to call to him or,
to stop him; the window was open.
''He was out Of the window before a.
shot was fred said witness. not re-
ferrlng to tho one fired by Phil as By
waters rushed down the steps.
Witness said he did not know that any,
shot took effect save those fred while.
Rywnters was on the porch. From the
yard witness saw Phil leaning out Of
the window firing.
Jurors Moved to Tears.
strother's story, especially that portion
of 1t telling Of his devotion to his family,
and especially to his errlng sister, made
a profound Impression. Several Jurors
showed the tears cleaning In their eyes
and running down their checks, and
numbers Of the spectators were weeping.
He made q remarkably fine witness. His
story impressed every one. apparently,
with the belief that the Strothers be-
lieved Bywaters was trying to desert his
wife when they fired the shots which
Killed him.
Mr.. Keith here turned the witness
ONCE 10 lIlc uelcISC as hAib Gnu NJ.
Jeffries asked about Judge Grimsley'a
calling UP Witness and asking about
the shooting.
The questions ELECTED the reply that
witness ceased talking because Judge
Grimsley put up the phone. James
Strothcr completed his testimony at
a few minutes before /, and court adj
journed until $50.
Philip on Stand.
Probably three times as many peo-
pie as could get into the courtroom
at . o'clock The officials, jurors and
correspondents were first allowed to
enter, and then enough people were
admitted to I'LL the room without un-
due crowding.
Philip STROLLER took the stand.
He was examined by Mr.. Moore. He
gave his age as Twenty-Five. He said
he and his mother and two sisters
had been living ut the farm since his
fathers death, and since the death OF
the mother the three children had con-
tinued to live there F1e spoke OF tho
intimacy between their family and
Bvwaters, who would sometimes stay
at the house with the girls When no
was going away. Witness SAID nc
trusted Bywaters as he would a
brother. Witness told of seeing BY
waters leave violu's room on the oc-
casinn referred to by several other
witnesses; of his sending for Jim to
come home, and their actions as re-
lated by hioBrother; Of his going to
Washington with Mrs. Gaines to look
for Viola, telling precisely the story
related by several witnesses. Witness
left to jim and French Strother the
arrangement OF the details of the mar
riaee as regards time. etc.
IT was understood the first one OF
the brothers who met Bywaters should
tell him he was to marry her on the
evening OF December 18th witness
saw Bywaters first. told him of tho
arrangement. went to the clerks Office
for the license. and took Bywaters
out to Rotherwood for the marriage
Rywaters tried to talk with him on
the way. Phil told him he did not
care to. discuss the subject.
Broke Down and Cried.
Phil asserted with positvencsss thai
| he acted in perfect good faith In agree
| ing to the marriage as a settlemeH'
of the affair He kissed his sister
after the marriage and broke dow
and cried. About a minute after ~
had sent for her husband witness Ven
i up. The window was raised; 1t was
| closed during the ceremony He dit
not know who raised 1t. He told o.
| Jim's laying his hand on ltywaters
shoulders, as Jim related. When BY
waters sprung down the steps Pm
said he shot at him. He had his pisto
in holster under his coat
Hc had owned one OF his pistols si'
| months: the other for several years
! Bywaters and Gaines came back into thu
ROOM and Bywaters rushed for the win
dow without hating. Witness fired. III
| rushed to the window. lie may have
| had one foot out on the porch; he woul'
not say He did not fire after Bywater
| was down.
! In the state Of mind III which he VA
| witness said he could not nelp doinl
what he did.
/ Phil told of Bywaters wanting to conn
back to town, as related by other wit
! nesses.
4 Witness was shown piece of cuff
button found on the porch roof the da.
| after the shooting He identified it a
/ his own. His cuff may have strucl
against the blind as he reached out t
i r-