The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-01

By star Correspondent
Cuipeper, Va, Feb. 2S,-Culpeper Coun-
tvs little red brick courthouse was to-day
the stage setting for the enactment Of a
drama in real life that for intensity.
pathos, and heart interest has no counter
part in 'make-believeland."
james and Philip Strother, confessed
slayers OF William r. Bywaters, were the
central figures. and the story they told
upon the witness stand cut deep into the
hearts of the stalwart listeners and sent
tears coursing down the cheeks of men
who thought they had forgotten how to
weep.
James, the elder brother, told his story
first and as his recital moved slowly,
steadily onward from the time he first
learned of certain circumstances con-
nected with the relationship between his
sister and Bywaters 10 the enforced mar
riage and subsequent shooting and back
again to the deathbed of his mother,
when. with her dying breath, she begged
him to Ne a father 10 the little orphan
family, Sis grip on the heartstrings of his
hearers ttEhtened.
One Man Sits UnmOved.
Several of the iurymen wept openly, as
did the three attorneys for the defense.
The Commonwealth attorneys sat in ST.
lenee. blinking hard to keep back unruly
tears. Judge Harrison covered his eyes
with his hand as though 20 hide the tell
tale moisture lurking there. Throughout
the courtroom strong men stood, shaking
with sobs For the first time since the
opening of the trial young Philip StrOther
showed signs of suppressed emotion, and
even lowered his head and furtively wiped
his eyes. One man sat unmoved; the old
father of the dead man looked gTimly into
space and paid absolutely no heed to those
portions Of the, narrative that so affected
the assemblage.
To was a marvelousy weli-told story,
that Of Jim" Strother and in the telling
he showed the advantage OF his legal
training. He was concise. clear-cut and
quietly eloquent
FrenEied Over Desertion,
When. at the end of the recital, he
summed up his feelings and mental con
dition at the time of the shooting and
said that he could not help doing what
ne did. there were audible whispers
throughout the courtroom that reflected
the sympathy Of commentors.
'He had heaped insult on insult, in
jury upon injury. and infamy upon in
fanny. until. when he deserted her, ] was
like a wild beast" concluded the defend
ant. II was frenzied, crazy. No power
On earth. save physical impossibility.
could have kept me from killing him. 1
had no mind and thought but for him,
Baf
alone"
Commonwealth attorney took up the
burden of cross-examination, and made
every effort to trip the defendant up on
some point in his testimony. Strother
WAS too alert. Mr.. Keith sought 10 show
that the brothers could have stopped BY
waters from running away without shoot
ing, but James declared that Bywaters
was at the window and almost out be
fore they knew he was going, and that
there was 40 time TO hold him back by
hand.
Young Strothers' story,
Philip Strothers story dealt rather
with the shooting itself than with the
events leadiag up 20 il, and while the de-
votion for his sister, as manifested Icy
his tenderness in speaking of her and
the narrative he gave the jury, was af-
fecting, there was little pathos to his re-
citaI, but more of dramatic force. Young
Strother was cool and collected, and
showed no outward manifestations Of
emotion. His answers were simply word
ed and were given In straightforward,
frank manner that won for him the sym
pathy of the spectators and their admi-
ration for his rerve.
NIr Keith endeavored 10 trap Philip
into seeming contradictions in his testi-
mony upon the incidents connected with
the actual shooting affair but the young
defendants story could not be shaken
in any particular, and he left the stand
with the impression he had made in the
direct examination undamaged.
Not an inch of space was unoccdpied
in the courtroom when James Strother
tock the stand. After the usual prelimi-
nary questions. in which he told his age.
thirty-seyen. and that his present home
IS in Welch, W. Va, where he resides
with his wife and two children, he was
asked regarding the first news he received
intimatlng trouble about his sister Viola.
Mr. StFotheT stated that he received a
letter from Philip on November %, asking
him to come to Culpeper at once.
Sister Protests Innocence.
The letter was produced ana read TO
the Jury. 1t contained a message urging
the necessity of James Strothers imme-
ate departure for Culpeper. He went at
once, and Philip told him in what man
ner his suspicious had been aroused that
all was not as it should be between By
waters and Viola.
Il talked with Viola about IT, said
Strother. ~and she held up her hand and
swore by all that was good and holy that
she was innocent 1 told her that I hoped
she was but that if she were not I would
rather see her dead than alive"
After further consultation with his
brother and Viola the defendant became
convinced that the suspicious were an
founded. and he returned to West Virginia
without bringing the matter home to
Bywaters. In Welch he discussed the
matter with his brother French and 1t
was decided to await further develop
ments.
Await Return from Washington.
His attention was next called 70 the
|, told them of Viola's disappearance and
CONTINUED on SECOND PAGE