Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-21

OF Winchester. designated by Governor Swanson
To preside at the trial.
Clamor for admission that had been antic-
pated While residents OF the town and
county interested in the case. not many
of them were willing to say or do anything
that would indicate their feelings in re-
gard to the case.
Its hot stick" remarked resident of
the town. discussing the case. land people
don't want 10 take hold of IT.
Case Formally Called.
The case was formally called to the atten-
ton of the court and the prosecutor stated
that he wanted it made matter of record
that the defendants elect to be tried jointly.
The only possible reason why the hearing
might not proceed. he stated. was the ina
bility of the principal witness. Mrs. By
waters. to appear I'm order to have that
question determined said the prosecutor,
Il desire to call DIR. Chelf to the witness
stand
Mrs Bywaters will be here if desired"
said Mr.. Jeffries.
rs that certain asked the prosecutor
1T Is, the reply.
Commonwealth Attorney Keitch stated he
thought II would be inexpedient to get
jury from Culpeper county and he there
fore suggested that a venire be obtained
from another county. Capt. Woods stated
that he thought the place from where the
venire is to be brought should not be made
public. but Attorney X. Walton Moore de-
secrecy. as the names of the men will not
be known.
Judge Harrison said he preferred to select
the jury from his own circuit in the Shen-
andoah valley. ard asked about the train
connections The court finally decided to
have the juror brought from Shenandoah
county. Woodstock being the county seat
1t was the intention of the court to have
thirty-five talesmen summoned. but at the
suggestion of Attorney John l.. Lee of coun-
sci for the defense, the number was made
nifty.
Deputy Sheriff to Summon Jury.
Counsel for the commonwealth stated that
there reasons why Sheriff Pullman
did not care to serve in the case and he
suggested tina, Deputy Sheriff Bowersett be
charged with the duty of going to Shenan-
doah county for the talesmen.
Judge Harrison was asked If he would
not select the names of those who are to
be summoned but he said he preferred the
sheriff and clerk of the court in Shenandoah
10 select them. An order was thereupon
made on the Shenandoah county officials
and Deputy Sheriff Bowersett was sent to
Woodstock to confer with Sheriff Daniels,
Spiker and Clerk Wunder with instructions
to have the talesmen report here Monday
morning at 10 o'clock, 10 which time court
adjourned.
There were not more than fifty spectators
In court during the time the case was in
progress. Judge Daniel A. Grimsley was
present but he did not occupy a seat upon
the bench with Judge Harrison. Another of
the more prominent spectators was John F.
Ryan. who Is a candidate for the congress
sional nomination from this district TO sue
coed the late John F. Rixey.
Cause of Great Anxiety.
1t is evident that there is a feeling of In
tense anxiety experienced by friends of
those who directly interested in the
case. and no matter what the outcome. there
rx-{ii hab ha of fria
ship that existed between the numerous rel
atives OF the Bywaters-Strother families
prior to the 18th of December. when VIII
+. Bywaters was killed Last night counsel
in the case worked until a late hour making
preparations for the opening of the legal
battle this morning.
Former State Senator John l.. Jeffries,
leading counsel for the defendants. re-
manned in conference with others until a
late hour and Commonwealth's Attorney j.
A c. Keith of Fauquier, who was designat-
ed to lead the prosecution, was also busy.
The case presents a remarkable condition
of affairs. which is the direct result of the
relationship in the county between the By
waters and Strother families. Judge d. A.
Grimsley. the circuit judge. was disqualified
because of his family connection with By
waters and the prosecuting attorney Mr.
G. NJ Waite. also found II necessary to re-
tire. Sheriff A W. Pulliam Is so closely re-
lated to them that he asked to be excused.
leaving most of his work in the hands of his
deputy, and strange as 1t may seem. all the
persons named are to appear as witnesses
for the commonwealth. ]. A. Bowersett
the deputy sheriff. is also to be witness
against the defendants.
The list of witnesses who are to appear in
the case for the commonwealth contains
the following names: DIR. f. III. Lewis. Rev
Josiah Ware John c. Lamon. L. B. Crump
D. A. Grimsley. J. A. Bowersett. Miss ..,ar-
garet Wise. b. F. Bywaters. r. l.. Johnson
e. ]. Eggborn, A. w. Pullam. Mrs Viola
Bywaters r. NJ Thompson r. II. Pearman
Mo- Tr1Ulaff TaylOr II u
Judd, Miss Fannie Vowel. Mile Gibbs