Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-24
PREPARING FOR TRIAL
Hearing in Strother Case TO
Open Tomorrow
SHOULD JURY BE SECURED
Awaiting Special Panel Summoned
From Shenandoah County.
MRS. BYWATERs CHIEF WITNESS
Defense Relies Upon Her Testimony to
Establish "Unwritten Law" Plea
Little Interest Shown.
SHOULD JURY BE SECURED
MRS. BYWATERs CHIEF WITNESS
Special From a STAFF Correspondent.

| Sobf En- i-tt, va, FEBRUARY 23.-Counsel
on poth sides in the carbohydrates muir
ger case are making preparations for be-
ginning the trial of the case in earnest
| Monoay morning. Some of the fifty jurors
summoned from Shenandoah county have
| already reached here and others are expect.
/ ed tomorrow, but it is thought the ma
l>jority of them will not arrive until Mon
| day morning. Judge Harrison was careful
to instruct Deputy Sheriff Bowersett to let
the talesmen know by what train they
would have to travel in order to reach hero
| on time Monday. 1t is thought most Of
| them VIII come over the Strasburg division
| OF the Southern railway, changing cars at
| Manassas, in time to reach here Monday
| morning about 930 O'clock should the train
| be on time.
| Ihere was nothing surprising about tho
| apparent lack of interest in the case Thurs
| day, the small attendance of spectators EVIL
| dencng that the residents of the town ana
! county do not care to make a show of what
| interest they have In the case About the
streets and hotels the people engage In but
| little conversation about the case the few
who are willing to discuss it, however.
! seeming to favor the acquittal of the dc.
PENDANTS 1t was a foregone conclusion
| that jury made up of residents OF CuI-
| pepper county could hardly have been oh
tained, both the Bywaters and Strothey
! families having so many relatives in ali
sections of the county.
Difficulty in Securing jury.
There is no certainty that jury will be
secured from the venire from Shenandoah.
however as the people there are probably
| familiar with the case. Shenandoah county
people, 1t Is stated, patronize the newspa-
pers rather freely, and most of them, IL IN
believed. have followed the case from the
DAY william F. Bywaters was shot and
| killed to the present time. Should the court
| be unable to get the requisite number Of
qualified voters In Shenandoah county IL n
believed Judge Harrison win make another
effort there or In Clarke county or Warren
county. He prefers a jury from his own
circuit peing 80 widely acquainted there
that 1t will not be necessary for him to ask
many questions about the character OF the
talesmen who are presented.
Should much trouble be encountered, how
ever, In getting jury from that section
the court may send to county in another
section of the state The court and counsel
on both sides are hopeful of being able to
get jury from the fifty men who appear
IN court Monday; however, as they arc
anxious to have the case tried and disposed
OF during the coming week. Should the
jury be sworn Monday the court will hear
the opening address of the prosecution
which will probably be made by Common
wealths Attorney J. A. c. Keith leading
counsel for the stateand no time will then
De lOSt In the matter OF putting witnesses
upon the stand.
Interest in Mrs. Bywaters.
1t is likely that an effort will be made
to crowd the court the day that Mrs Viola
Bywaters goes upon the stand las the more
curious people are anxious to see her and
hear what she has to say. Her recital of
the circumstances attending the shooting Of
her husband, so soon after their marriage.
IL he int fino
probably embody some feature that has not
yet been made public. 1t is believed, how
ever, that the curious ones will be disap-
pointed, as Judge Harrison is almost GER
tain to clear the court room when she il
placed on the stand. Mrs Bywaters is fire.
quently referred to as the star witness for
the prosecution, but the defense is of tho
opinion that she will also be their best Wit
ness. She is the only witness who will be
able to tell of the circumstances which led
up to the marriage and subsequent killing
OF her husband. Not only will she be able
to tell of what occurred in the family
home the night of December Is, but she will
be depended upon by her brothers who are
on trial for their lives and liberty, to tell
of the conditions which will bring the case
within the bounds of the ''unwritten law"
Former State Senator Jeffries and his as
sociates. r. Walton Moore and John T..
Lee, feel that her testimony will virtually
determine the guilt innocence of the
accused brothers. She is in a position to
tell practically the whole story of the case
from beginning TO en0. 1hlS story, II II
expected, will be brought out by counsel in
manner to make the greatest impression
upon the jury.
Alleged Refusal to Right Wrong.
1t Is believed that counsel will dwell at
length upon the visits paid to Washington
by the young couple and of the refusal OF
Bywaters to right the wrong he had done.
Counsel will probably argue, 1t is said,
that the test came and VIII Bywaters per-
mitted the cousin, whom he professed to
love- to submit to a possible fatal operation
rather than marry her and return home to
be her legal protector. Counsel for the de-
Tense, 1t is believed, would be willing to let
the case go before the jury on the testl-
mony of Mrs. Bywaters, but the prosecu-
ton will probably examine nearly three
dozen witnesses.
No intimation has yet been given by coun-
sci for the defense as to their plans and 10
is not known that they will put the de-
PENDANTS upon the stand. They may deem
1t unnecessary to have them sworn. upon
the grounds that the testimony of Mrs.
Bywaters, Mrs Gaines and the latter's
husband E. l.. Gaines, brother-in-law OF
the defendants, will put the facts before the
their defense under the "unwritten law" or
code Of honor" as It exists In the Old
Dominion.
When court convenes Monday morning Il
is thought. the attendance will be much
greater than II was at the opening. The
venire from Shenandoah county alone will
form an audience larger than that which
greeted Judge Harrison Thursday. That
first session of the circuit court laster but
a short while. adjourning before noon.
Will Bring Relief.
The close Of the trial OF the Strother
brothers will come as a relief to many resi-
dents of the town and county. II Is stated
that the Bywaters and Strother families
have more relatives in the county than
any other families, their relatives being
confined to no particular part Of the
county.
ut is difficult matter to get in any gath
ering In Culpeper county," remarked resi-
dent Of the town today, "and not find
relative Of one OF the families T. H. B.