The Montgomery advertiser., 1907-03-01
SHOT TO KILL, SAYS BROTHER Testifies to Averaging Sisters Wrongs. STR0THERs ON THE STAND Slayers of William Bywaters Weep
 in Court. Pathetic Moment When the Witness Swear. he Promised His Mother
 to Protect Her "Baby
 Daughter"

Culpepper, Va, Feb. 2S.-To avenge the wrong done his sister, Philip Stroth- CT .one of the defendants on trial for the murder of his brother-in-law, Will Ham Bywaters. today admitted on the witness stand that while he had not anticipated trouble, he 'shot to kill'' when Bywaters attempted to desert his bride of an hour"
 The knowledge Of his sisters betray- al, James A. Strother. the other de- fendant testified, caused him to "be- come like crazy man" and when By he determined to bring her betrayer ''to reckoning Four witnesses. two brothers, a sister and an uncle of Mrs. Bywaters. testified at today's session.
 In it's cross examination the prose- cution was unable to shake Mrs. Gaines testimony for the defense.
 There was a pathetic scene in the court room when James A. Strother told of the promise he made his mother fend the honor of his sister Viola," The witness breaking dMvn and sobbing. The effect on the jury was apparent.
 Juror's MOther HI.
 There is some anxiety over the pos- sibility of the trial coming to halt on account of the illness of the mother of one of the jurors, c. o. Keller of woodstock. It was stated here this af- ternoon that Mrs. Keller is at the point of death and that her son is anxious to return immediately to his home.
 The expected story of the defense from the lips of the defendants in the trial of James and Philip strother, charged with the murder of William Bywaters, their brother-in-law at the Strother home near here last December, was tne center of all interest in today's devel- opTnents in that case.
 While the testimony of Nrs. William Bywaters, the young bride of an hour In defense Of whose honor the fatal shots were fired by her two brothers as her husband was seeking to escape 1 from the house, created widespread in | terest, that of the two defendants--ont of them, James strother. member oi the west Virginia Lnsisiaturs. was alss 1 eonfidentfy looked forward eo as one Q dranatio interest
 The eiefense planned yesterday tc l bring the two brothers to the wttnesi stand today and this was the program when Judge Harrison convened tnis mornings session. The testimony was expected to conform fin It's important and material features to that already presented to the jury by their two sis ters and George French Stro1ner, the Iunberman. who, before the tragedy came from his home In Welch. W. Va' to consult with his bnothers regarding his sisters conduct and condition. Save ,or the clearing of the court room, for the testimony of Mrs. Bywa- ters the seating capacity of the, ,build- ing has been taxed to it's utmost.
 Early today those anxious Tor ad- mission into the little courtroom at the opening hour, s:s0 a. m., were astir and the usual crowd was in evidence V,td0a Horrtaou rOnUanad fha court.
 James StrOther Called.
 When court opened this morning Mrs. Nellie Gaines, the sister of Mrs. By waters, was called for brief cross examination! She was on the stand but short time when James A. Stroch- CT, one of the defendants, was called as witness.
 How did you regard Bywaters?" he was asked by his counsel
 He had always enjoyed our full con- idence," he replied
 We knew that Viola loved him and regarded them as practically eEgsge 70
 His story continued with a statement concerning the demand he made on Bywaters to marry Viola
 You are responsible for her condi- tion and you must marry her." he said, referring to his conversation with By waters after Viola's condition became known to the family.
 T know I am," he said Bywaters stated. and want to marry her"
 We then arranged with Rev Dr. Ware to como and marry them and I thought then that everything would end all right. After the ceremony By waters whole manner changed He became indifferent to Viola and inso- lent to Mrs. Gaines. He seemed to think that his obligation to iVola was over when he married her"
 Did you insist on his remaining with your sister?" asked Attorney Jeffreys.
 q certainly did" answered the wit ness. T realized Viola was desperate ly III and that 1t was his place as her husband to be with her.
 What did he reply?'
 He said Jim strother am not afraid of you
 At this junture the witness stated, Mrs. Gaines declared to Bywaters:
 will Bywaters, you are the lowest dog alive"
 Edwardy L. Gaines, the witness said followed his wife's reference to By waters conduct declaring "Bywaters' you have violated every obligation of an Odd Fellow and man of honor"
 This so enraged Bywaters. the wit ness stated, that he (Bywaters) at-
 
 tried to draw knife on Gaines. He cursed him in the vilest language he knew" The witness repeated the words which he said Bywaters used.
 "Bywaters,' he continued, then went up to Vtola's room, leaving Gaines in the dining room."
 Did Bywaters still insist on leaving Viola Attorney Jenries asked.
 He did" the witness replied
 He insisted that he must go to Gull pepper that night"
 Killing of BywaterA.
 This point in his testimony led the witness up to the actual shooting.
 What happened when you went to your sisters roomT' he was asked.
 T asked him what he intended to do l told him that we intended to watch him to see that he did not get away ."
 Did he answer your was the next question.
 No he sprang from Viola's sido tear ing himself from her arms. and made a dash for the rear door
 What happened then?' he was ask ed
 The next thing I heard was a shot,