The Washington times., 1907-02-20
Trial for Murder of
Bywaters TO Be
Sensational.
"Unwritten Law the
Chief Reliance of
the Defense,

CULPEPER, va. Feb. 9O.-The case
Of the Commonwealth versus Philip and
James Strother, upon an Indictment re-
Gently returned charging them with the
murder OF William +. Bywaters. on the
night Of December - last, will be called
at special term Of court here tOmor-
row, providing Mrs. Bywaters' condition
Is not critical 1t will be one OF the
most sensational trials in the history Of
Culpeper county, or this section. The
''unwritten law" will be the defense.
Owing 10 the relationship Of Judge
Walter Grimslcy, Of the Culpeper cir
cult. 20 the family OF Bywaters, Gov
ernor Swanson has designated Judge
Thomas W. Harrison. Of Winchester to
preside.
n brief history Of the case reveals one
OF the most unusual tragedies in this
State-where. as In many other sections
throughout the South, the ''unwritten
law is still in vogue when il may be
come necessary ia the protection of
woman's honor.
William Bywaters, clubman. horseman.
and general good fellow" about town.
had for some years. since childhood i'm
Iact. been companion and avOwed
Suitor for the hand OF Miss Viola Stroth-
er sister 10 the defendants, and dis
lant cousin Of ByWaters. He was a
frequent and welcome visitor to StrOth-
erwoOd. the country home of the Stroth-
er family, where Viola, the youngest Sis
ter, reigned as queen.
Girl Confessed.
Returning from a supposed visit TO
friends near Washington the early part
of December last. the girl. became i'll
and, 90 save her life. physicians were
sent for. She. Of necessity. confessed
her shame. rccitiny that Bywaters had
accompanied her to Washington where
a criminal operation had been perform
ed. she remaining there for two weeks
under his care and direction
Angered beyond control, the two
brothers sought Bywaters. he con-
tessed, begged for his life and promised
10 wed and love the girl and in this
way keep her shame from the world
license was procured, and within an
hOur the two were married, as The girl
layt upon a sick bed.
No sooner was this over than BY
waters, il is alleged, insisted upon re-
distant. He was told by the Strothcr
brothers he must remain with their sis
Ter, giving her the necessary medical at
tentioa- He demurred, grew clamorOGs
so 1t developed at the coroner's inquest,
and jerking away from his wife Of an
hour. ran down the steps. meeting Or.
Gaines. member Of the family He
turned. ran back through the sick room
and bolted through an upstairs window.
Just before he reached the rpof. PhilIp
and James Strother opened fire. eleven
shots going into Bywaters' body.
"Unwritten Law"
The Bywatcrs faction will contend az
the approaching trial that the marriage
made the amende honorable to the girls
family and that Bywaters' death was
cold-blooded murder. The Strother de-
fense will be the '-unwritten law.
backed by the contenton that the course
Bywaters was endeavOring to pursue
but added insult to injury. and published
their sisters shame more effectively
Another point in their favor VIII be the
Virginia statute permitting the aunuI-
ment Of marriages under duress. In
event It Is shown that the couple have
never lived together. 1t will be con-
tended that Bywaters. once he had left
the StrOther home, would have sworn
out peace warrant for the Strother
brothers. and never have returned to
perform his duties as a husband, obtain
ing a divorce in the statutory three
months.
There is every indication that the
trial will be the most widely attended
Of any trial ever held here Both fam
lies are among the most prominent OF
the section. one Of the defendants,
James Strother, is leading lawyer Of
Welch, W. Va, and member Of the
legislature He was at home on a visit
At the time OF the tragedy. The most
partisan feeling exists between the
friends. political and otherwise, Of the
Bywaters and Strother families. and the
legal light Will be notable one.
MiCajah Woods. of Charlottesville
noted for his prosecution OF the famous
MCCue case. has been retained by the
Bywaters for the prosecution, and viii
be assisted by NJ and John Keith. of
Warrenton.
john Jeffries. of Norfolk. as leading
counsel for the defense will be assisted
by John l.. Lee, Of Lynchburg: r. Wal
ter Moore. OF Fairfax. and probably
others.