The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-28
THEIR OWN STORY
The StrOther Brothers, Slayers
of Their Sisters Husband,
Placed on the Stand in Their
Own Defense.
NO DENIAL is MADE.
Like Thaw, They will Attempt
to Justify Their Act.
Circumstances of the Tragedy
Already Have Been Told.

| Culpeper, Va, Feb. 2S.-The expect
| ed story of the defense from the lips OF
the defendants in the trial of James and
Philip Strother, charged with the muir
dr. of Willirn F. Bywaters. their
brother-in-law, at the Strother home
near here, last December, was the CEN
ter of all interest in today's develop
ments in that case. While the testi-
mony of Mrs. William Bywaters the
young bride of an hour" in defense
| of whose honor the fatal shots were
fired by her two brothers as her hus-
band was seeking to escape from the
house, created widespread interest,
that of the two defendants-one OF
them, James Strother, a member of the
West Virginia legislature-was also
confidently looked forward to as one
OF dramatic interest.
The defense planned yesterday to
bring the two brothers to the witness
stand as early as possible and this was
the program when Judge Harrison con-
vened this mornings session. The tes-
timony was expected to conform in its
important and material features to that
already presented to the jury by their
two sisters and George French Strother,
the lumberman who before the tragedy
came from his home in WEIGH Va. to
consult with his brothers and was eag-
erly anticipated in the hope it would
throw clear light on certain pertinent
points.
in the tragedy when the shots were
fired and other points bearing on what
happened Immediately preceding the
killing when, as they have declared,
Bywaters was attempting to desert his
bride, were expected to be made more
clear as the result of their testimony.
Mrs. Bywaters, who lay i'll in bed
when the shooting occurred. in her pa
thetic story on the stand yesterday said
her recollection of some of the events
connected with the tragedy was hazy.
Mrs. Gaines. her sister, testified that
she saw Philip fire the first shot at
Bywaters, which statement Philip
Strother has already corroborated. Mrs.
Bywaters has already sworn in court
that her betrayal was under promise
of marriage. that she pleaded with By
waters to make honorab BILE reparation
and she has told the story of their
trips to washington for the criminal
operation which she dreaded, his in
different treatment of her, the forced
marriage his attempted fight and in
general way the shooting that fol-
lowed. Her sister and brother, French
Strother have contended on the stand
that there was no thought of shooting
until their brother-in-law attempted to
desert his wife. The brothers charged
with the shooting were expected to
supplement all this testimony with
clear complete story.
Save for the clearing of the court
room for the testimony of Mrs. BY
waters. the pale, wan figure about
is woven, the seating capacity of the
building has been taxed to its utmost.
The spectators not only are from Gull
peper's citizens. but from the neigh
boring countryside; and from adjacent
This has been due largely to the
prominence of the parties. the social
standing of Bywaters, the position of
the Strother family and their hosts of
friends on both sides throughout the
section of the state and the circum-
stances of the tragedy have made 1t
one of the most notable cases before
the courts of the state in many years.
When court opened today Mrs. Nellie
Gaines. the sister of Mrs Bywaters,
was recalled for brief cross examina-
ton She was on the stand but short
time when James A Strothsr, one of
the defendants, was called as wit
ness.
He was permitted to tell the story of
his sisters wrongs, with only occasion
al Questioning by his chief counsel
John l.. Jeffries.
Although at times visibly affected by
the strain under which he has labored
since the night of December 10 last,
when Bywaters was killed, he related
the relations between the dead man and
his sister in a straightforward manner.
His story continued with statement
concerning the demand he made on
Bywaters to marry Viola.
You are responsible for her condi-
ton and you must marry her" he said.
referring to his conversation with BY
waters after Viola's condition became
known to the family.
II know 1 am" he stated Bywaters
said, land I want to marry her"
After the ceremony Bywaters' whole
manner changed. He became indiffer-
ent to Viola and insolent to Mrs. Gaines
(Viola's sister,
He seemed to think that his obliga-
ton to Viola was over when he married
her" said the witness
Referring to the quarrel between By
waters and the members of the Strother
family present the defendant said that
Bywaters grew abuse when demand
was made that he remain with Viola
on the night of the tragedy.
Did you insist on his remaining with
YOUR sister?' asked Attorney Jeffries.
Il certainly did," answered the Wit
ness Il realized that Viola was des-
perately i'll and that 1t was Bywaters'
place as her husband. to be with her"
Witness then detailed the quarrel be-
tween Mrs. Gaines. her husband and
Rywaters, in which Bywaters insisted
that he must go to Culpeper that
night. Bywaters then left them going
to Violas room.
This point in his testimony led the
witness up to the actual shooting.
What happened when you went TO
vour sisters room? 2" he was asked.
IT asked him what he intended to do.
told him that we intended to watch
him to see that he did not get away.
did he answer your was the next
mo. he sprang from viola's side.
tearing himself from her arms and
made a dash for the rear door,
What happened them2"
81 7