The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-01
Viola Was Baby Sister:
Came to See Her 4
Every Month.
KILL BYNATERS If
HEDlD'NOT WED Her
That Was Brothers Determines
ton, Freely Admitted -Ac-
cepted Marriage in Good SS
Faith, But Sister, Who /,
Suffered So Much. Should Il
Be Treated Right.
BY WALTER EDWARD HARRIS

EY WALTER EDWARD HARRIS.
CULPEPER. VA. February 2s.-Tha
fourth day of the trial of James and
Phil Strother, charged with the nnur-
der Of their brothcr-in-la William
Il. Bywaters, at the bedside OF their
minutes before. was as interesting ,aa
any which have preceded it. Both
the defendants were on tho stand. anu
related all the circumstances leading
up to the tragedy at their home on
the night Of the 18th Of December,
when they took Bywaterss lifo as he 4
was trying to escape from the room
in which lay his bride at tho door
Of DEATH sss
Both young men made good wits
nesses. James Strother, as a witnesss
was swell-nigh perfect. II
The direct manner In which he told
tho whole story the strong feeling he &
showed when discussing tho onestic res
lations of the 9trother family, of which
he has been the virtual hes1 for years:
of his promise to his dying mother to Il
care for Viola, the baby of the familys
of his coming 800 miles every month slrss
two years to see his sister. and that She
was getting along we'll; Of his sorrow
when he received lndisputable proof that
she had departed from the path Of
rectitudc, and his Indignation and wrath
towards the man who had caused her
ruin, moved at least four of the jury to II
tears, and number of the spectators
IEcould not conceal their emotion. ass$s
Phil Strother3 Is younger and had not
seen ns much OF the world .a Ie'A told sHLa ~
good story on direct cxamina ton, but
jswl1en cross ss-exanine ed I'D Mr. rs itl hs-ss
came somewhat & conf fused I'M his test-ss
mony, although he did not. contradict
himself. He was not clear In some OF
his replies to questions propounded Il by VI
the cross-examinatiol
Would Kill Bywaters
IF He Did Not Marry,
The brothers admitted they would have
KILLED Bywnters had he refused to marry
the sister whom he had dshonored. HcsHs
| said they had no intention Of killing MIN
after the marriage when they went St0
the room in which he and his wife weretss
| lJim especially was dramatic In his d9s5S
caratio that they wanted to kill Sh.tn
! when they thought he was trying to sss--i
| cane from the Strother home and dcserfts
| the wife he had been forced to wed. q ssss:
The value of tho testimony OF the bro
| theirs in adding to the mass of facts LOT
the guidance of the jury in arriving "a a.ea
| ries, especially that of the elder, ssWeTA
valuable as showing the state of mind
| OF the brothers when they took the lie
\ of Bywaters 1t was noticeable that coun@g
sci for the defense, in examining the bros
] theirs, were at pains to draw from them
statements showing the mental condition.
| in which they were at the time OF the
| shooting.
DR.. DeJarnette, Of the Western State
| Hospital, was in court to-day. Counsel
/ for the defense are not decided Whcther
they will put him on the stand. nor Will
i they will Indicate their purpose in having:
him testify, should they decide to have
him do so, 1t is understood that he Will
/ testify regarding emotional Insanity, in-,
duced by the strain under which the bro
/ Tiers were laboring when they took the
1 life of their brother-in-law. Emotional
I insanity is not generally recognized as "a
defense, butt the Virginia courts have so
i recognized it. a man went into a dis-
orderly house in Virginia city sonsH
years ago, and found there his sister,
i IIc drew his pistol on the instant and shc6s
1 her to death. Emotional insanity. or irS
i rosistible impulse, was set up AS a defenEe4
| The case went to the Supreme Court on
/ Appeals, and the defense was sustained.
! But it is not known that such ple:n
will be made in the defense OF the
Strother brothers. sl "a
/ Did Bywaters Raise 5
Window to Get Awaya3
/ Testimony regarding the open window
] through which Bywaters is alleged Ito
have been trying to make his escape
i when shot was given by tho StrotherE
brothers to-day. The subject had hardly
! been touched upon by former witnesses.
Both the brothers testified positively
that the window was closed during tilaa
ceremony, and that it was holsted when
tho shooting begun. Neither saw It.
raised, nor knew who raised II, Phil
| testified that it was raised Hlien he
came upstairs at the suggestion Of lin.
| who told him Bywaters, who had gone
/ up at the request of his wife, was pre-
| pairing to leave, and should be watched.
i Rywaters was In the room only minute
or two, according to the brother. beforaS
| Philip came up.
| Tho prosecution was moro active than
on any preceding day.
| Mr.. Keith examined both the defendants
very rigldly, although courteously, Ills
courteous manner towards Mrs. Bywatera4
/ In conducting her r4cross-eXaminatlo Yes
| terday has been commented on by thas
friends OF the defendants and the dead
/ man as well.
| A bit OF clean sentiment IN connecttonA 4
l with tho case was developed to-day, when
/ James Strother told of how Bywa ters. ps-
fore being taken out to marry VIOLA
strother went TO his sister Mrs' Trlp-s
lett, and obtained from her diamond RIM
/ Of his She wore, and gave II TO Vtnta
immediately after the marriage. Mrs.
X Gaines testified that her sister wore tAAs
"A ring after the shooting. She did NOT know
tho length OF time She had kept II on
Il her finger whare Bywaters had placed W.
lin Strother, head Of the family. tOld ne
his buying the plain gold ring used ~