Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-05
COURT TAKES RECESS
Continued from First Page.)

conceived purpose he killed the deceased
then he is guilty of manslaughter, and the
jury should so find
The court will not deliver the instructions
until the counsel for both sides have made
their pleadngs to the jury.
The jury's attention during the most OF
today will be occupied by the addresses OF
the counsel for both sides. At the close OF
the final summing up Judge Harrison will
deliver his instructions to the jury. At this
time, it is thought he will have an oppor-
tunity to do this before the closing hours
today.
Additional Testimony.
When court took short recess yesterday
for the purpose of permitting counsel to
prepare their instructions, it was under
stood that all the testimony was in, but
when court reassembled the defense an
nounced that they had two more witnesses.
One of them, stated Attorney Jeffries was
James Clark, the colored hostler for By
waters, and the other was T. B. Chatter
buck, farmer. James Clark had been on
the witness stand before and questioned
about what he did the Saturday afternoon
that the Strother boys and Bywaters were
busy about Culpeper getting the marriage
license and making otheE preparations for
the marriage. While on the witness stand
Saturday he denied the statement of
James Strother that he had driven Will
Bywaters to town the afternoon of the Sat
urday the shooting occurred. He also de-
torney Jeffries to that effect. Being coun-
sci in the case, Mr. Jeffries explained, he
could not well go upon the witness stand.
Clark's Testimony.
Clark was asked if he had stated while
upon the stand Saturday that he did not
drive Mr.. Bywaters to town the afternoon
of Saturday, December Is, and he said he
did. He also said he had denied having
made such a statement to Attorney JET
fries.
Ibid you not make such statement in
the presence of Mr.. T. B. Clatterbuck?' the
witness was asked.
mo, SIR
did you not say in the presence of Mr..
Clatterbuck that you did not think that
would be the last time you would see Mr..
Bywaters?'
mo, SIR
T. B. Clatterbuck, farmer, living about
one mile from Rotherwood, the Strother
home, told the court and jury that he came
to town the afternoon of December Is, and
he noticed James Clark standing on the
cause of Clark's trouble and said he heard
the colored man say he had no idea that
that would be the last time he would see
Bywaters. Witness said he heard Clark
say that Bywaters had sold hound and
that he (Bywaters) told him to take the
horse and buggy back home.
'Who was present when Clark made these
statements?" asked Commonwealth At
torney Keith.
II don't remember" was the response of
witness.
Haven't you had time to think it over?'
Il tried to think, but didn't succeed"
DO you remember who you told of the
statement"
Witness could not recall the names of
any such persons.
What time in the day was this?'
Il don't know" said the farmer II had
driven to town with load of wood that
day, but can't tell just what time it was
why did you stop there?"
Because Clark was crying and 1 was
anxious to know what was the matter with
him.
Witness said he listened to what Clark
said to the man who was with him but
he twtness) did not speak to him.
He was the last witness examined in the
case.