Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-03
COUNSEL ARGUE
LEGAL POINTS
Slow Progress in Strother Trial
at CuIpeper, Va.
END OF THE SEVENTH DAY
Judge Harrison's Rulings Eliminate
Certain Evidence in Rebuttal.
ANOTHER ALIENIsT TO TESTIFY
Belief Expressed That the Case Will
Go to the Jury Wednesday
Next.
Special From q Staff Correspondent.

Special From q STAFF Correspondent
CULPEPER, Va. March 2.-When court
adjourned this afternoon the seventh day of
the trial Of Philip ]. Strother of this county
and James A. Stfother, his brother. who
is engaged in the practice of law at WEIGH
w. Va, both Of whom are charged with
killing William F. Bywaters, their brother
in-law, was brought to a close.
1t had been expected that the case would
reach the jury tonight, but SO many legal
points had to be argued that the hearing
was greatly delayed. Judge Harrison is due
to hold court at Front Royal Monday, but.
realizing he would be unable to close the
case here before Tuesday or "Wednesday. he
postponed the opening Of court at Front
Royal until Thursday.
Judge Harrison went to Baltimore to re-
main until tomorrow night. Common
wealth's Attorney Keith and Mr.. R. Walton
Moore went home to spend Sunday, leaving
Attorneys Jeffries Woods and Lee here
Tonight these attorneys, are preparing their
bills of exceptions to present to Judge Har-
rson Monday after the testimony is all In
1t is thought the testimony will be con-
cluded by noon Monday. The instructions
will be passed upon Monday and the argu-
ments will probably not be concluded until
late Wednesday afternoon.
At the session of the court this afternoon
counsel for the state surprised opposing
counsel by announcing that they would ask
the court to call Edward L. Gaines as a
witness in the case. Gaines Is brother
in-law of the defendants. The common
wealth's attorney stated that as Gaines was
a witness to the tragedy he had supposed
the defense would call him.
HE is an adverse Witness" stated coun-
sci, land / will ask the court to call him
for examination"
Attorney Moore said he wanted to inter-
pose an objection to such q proceeding. He
stated that Gaines had been within the
jurisdiction of the court since the tragedy
was enacted and there was no reason why
the state had not previously summoned
him.
Judge Harrison said he would exercise his
legal duties as defined by the statutes and
direct that the witness be summoned. He
stated, however that the witness would be
sworn only to be used in rebuttal and that
he would not be examined in chief
Another Alienist to Testify.
The commemorative attorney next stated
that he would have another ahenist as
witness to be used in rebuttal, naming Dr.
]. s. De Jarnette, superintendent Of the
Western State Hospital for the Insane at
Staunton. DR.. De Jarnette was here three
days ago, but returned to Staunton when
he found he could not be called to the stand
for several days.
An interesting question was argued
before the court upon proposition made
by the state to offer testimony to show that
Bywaters was acting in good faith and that
he did not intend to desert his wife. Capt.
Woods presented the question for the state,
saying he expected to prove the claim Of the
state by witnesses with whom Bywaters
had conversed prior to the day he was mar
ried and killed.
Counsel for the defendants entered an
objection to the admission of such testimony
and the court sustained their objection,
which was regarded as a victory for the
defense.
The courts decision means the elimina-
ton of the testimony that was to be given
by a number of witnesses for the state to
rebuff that given by witnesses for the de-
tense respecting the intention of Bywaters
to desert his wife, and, as counsel stated,
1t will deprive the state of valuable ma
terial to use in the final arguments to the
jury.
Testimony in Rebuttal.
The question was argued after George
William Payne, young farmer from near
Rixeyville, this county, was called to the
witness stand. He lives about three miles
from the home of Mr.. B. II. Bywaters and
was a friend of William F. Bywaters, the
victim of the tragedy. He was called by
the attorneys for the commonwealth to
rebuff the testimony of James Strother that
Bywaters was in his own buggy with a
hired man at the time he met him in town
Cot do of har
State how you came to town that after
noon," said counsel for The state.
Il came in an open buggy the witness
responded and 1t was drawn by two
horses"
DO you remember about what time in
the afternoon you arrived?' asked counsel
TT was about 8 o'clock" was his re-
Spouse.
DO you remember meeting Bywaters?'
Il do
What did Bywaters do?"
He hailed me at the corner near his
house and said"
Il object to what he said being told the
jury" quickly interrupted Attorney Moore.
Counsel said the attempt to offer this and
other testimony should not be argued in
the presence of the jury. 1t was suggested
that time might be saved by arguing and
having the court settle the disputes before
the Jury returned. When the jurors filed
out of court Capt. Woods said he wanted
to show by the witness tn; James Strother
was mistaken in his testimony relative to
meeting Bywaters that Saturday afternoon
In his (Bywaters) own buggy that was
driven by a colored man.
Witness Resumes Statement
Resuming witness explained to the court
| and counsel what actually happened that
afternoon.
HE hailed me-" said Payne, near his
| mothers house and drove him into town.
When he got out of the buggy 1 saw him
| meet a stranger"
do you know James Strother?" Mr.
Keith asked.
No, SIR"
Can you identify the mann"
| No, sir"
What became of Bywaters after he left
| you and met the stranger!
Il don't know"
Can you say he was not in another
buggy that day?'
No, sir"
Can you say he was not in his own
buggy that day?"
No, SIR"
What Bywaters said and did prior to his
| marriage and none of which had been COM
| municated to the defendants. Mr.. Jeffries
argued. could not be admitted In evidence
Capt Woods. for the state, said it was
their intention to introduce testimony as to
Bywaters' good faith and sincerity. The
jury, he said should know of the status