The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-26
Counsel Says Condition
Feeble and Wants
Ordeal Over.
FULL APPEAL TO
UNWRITTEN LAW.
Defense Will Be That Bywatersi
Caused Criminal Operation,
Refused to Marry Except
at Point Of Pistol, and
Then Sought to a.
Desert Wife.
BY wALrER EDWARD HARRIS.

sl . g. q + \ /. y 81
BY WALTER EDWARD HARRIS.
CuLPEPER., VA, February 2s.-Tfe
opening day of the trial OF James and
Philip Strother for the killing OF their
brother in-law. William Bywnters, oAsa
the 18th of last December, was ne4
replete with interesting dcvelopmentssa
but rapid progress was made. a jury
was obtained in a very short time from ~
the vcnire of fifty brought here last
night from Shenandoah, and several
witnesses were examined by the pro-
sccution.
Late tonight il is learned that tho
prosecution will rot call Mrs. Bywaters,is
although the prosecution summoned her.
IT was Impossible to ascertain from couil-s
sci for the defense whether they will have
her summoned. 1t is possible she Will be-
summoned by the court The defense WI
bring out in court Tomorrow the fact ]
that Mrs. Bywaters, having been SUM
8moned by the prosecution, should be put
on the stand by that side. It Is under
stood the prosecution has not been ao1es
to see Mrs. Bywaters. She was inter-
viewed at her home by counsel for tile
defense.
Where Fight Will Be Made.
1t was made clear to day that the uues-
ton as to whether Bywaters was try-sg
ing to desert the woman whose life
he had ruined. and whose brothers had
forced a marriage to conceal as far
as might be the shame he had brou GIT
upon her. is tho one around which will
rage the battle opened to-day. sf
80 Tt is probable 4 the prosecution Will
complete it's case to-m orrow. lt y ls,
Isunoerstood the defense will ccnaNlna.
probably three days The Common -s
wealth; will take up more time In Ssra1s
I8buttaI than will be consumed In q III
rect presentation of It's side Dc the
case. 3t5ssss
"Out Of Their Own Mouths.
The defense has not summoned any
witnesses. It will pursue the somewhat
upon witnesses introduced by the State
"Out OF their own mouths, to quota
the Scriptural phrase. seems to be the
motive actuating the defense. It is
thought not unlikely. however. that
the defense will put one or two It,
nesses on the stand other than those.
which the prosecution has assummonedf 4
| There is talk OF some surprises I'M
the case They were not fOreshadowsLN
! in the opening statements OF counseN
to -day. Mr. John Keith, who present-l
ed the case for the Commonwealth
confined himself to a simple outline OF:
known facts, and did not adduce all
those, insofar as giving anything like
a complete history of the case Was
concerned He simply stated q case
| of betrayal and consequent marriage.
followed by the tragedy. He denied
| that there was anything In the evil
/ dence which would be adduced to show
that Bywaters was attempting to der
! sert his wife, thus indicating the
prosecutions case
Mr.. Jeffries made much stron gcrA
statement for the defense. relating all
that Mr.. Keith had stated to the jury
and much more, dwelling effectively
upon the Intimate relations existing
between the Strother brothers anu
Bywaters. and emphasizing tho fact
| that Bywaters was trying to sdesertg
his wife when he was killed.
But 1t is significant that have heard
! moro than one man say to-day that even.
marriage without intent to desert his Wife
| could not be regarded as reparation In
such a case; that there could be full aad-
| mission that the betrayer had done Sail@
| possible to repair the wrong he had
wrought but that full reparatlon In sucl, a.
| case was impossible. 1t Is renlarkahle3
case-the most remarkable that has arisen
IN Virginia in years
No Excitement. 8
| Stories sent out from Culpsper regard-$
! ing the excitement evident In the lltta
| town have been grossly exaggerated. The
| case has created deep interest, of COURSE.
| There is no tensty OF feeling, aud ifs
there Is bitterness, 1t Is carefully cons
cealed. The old father OF tho dead n,ailf
was In the courtroom during the pros
ceedings to-day. He does not talk as a
man seeking vengeance. a large num-
ber of the klnsmen OF the defendants We're
| fel, hi ny1
conversation or bearing to show that they
cherish any OF those vengeful feelings in-S
| dicatlve of an inclpient feud.
Tho fifty yeniremen from SlienaIrdoah
arrived at midnight, and were quar-
tered at tho hotel OF the place. which
was TILED to oNerflowing, owing To-
| tho presence of lawyers and corrasrs
pondents. a dozen of the latter CONF
| ing to attend the trial.
Tho courtroom when court opened at
| 10 o'clock was filled, but tho pres
ence OF the fifty men from Sllenan-
doah swelled the crowd. Judge Har-
rison came from Washington on the
| 10 o'clock Joseph Il. Lawless, OF Nor-
yfolk, the partner OF John Il. ,Ieffries,
OF counsel for the defense, also ar-s
| rived to-day. sf
Counsel were In their places whel
| the Judge went on tho bench. Ssated
at one end or me tapie Wefs fClpidln
| Micaiah Moods or Charlottesville. thaf
veteran prosecuting attorney, urbana
and polished 10 a degree.
Next came John Keith acting CONS
monwealsh's attorney, yonnsisli looks
i ing, hut with u strong. seltous face
Next, n him was seated Hack I.ea.'sa
4 ar Lynchburg. probably the forernust
criminal lawyer of the Southerng
country--co div polite to his ftNs
ponents, having little 70 say. 80 49,