Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-07
+ arguments than had the twelve men in the


case on trial.
THAT is as it should be- he said.
Counsel went on to explain that the de-
PENDANTS had been indicted by. the grand
jury, and 1T was upon such indictment that
the defendants had been called to trial
Before proceeding far counsel assured the
jurors that it was not his intention to say
anything to hurt the feelings of the de-
PENDANTS, whose hearts are already burden
ed with sorrow.
case" said Capt. Woods. I'VE are here in
the county of Culpeper, and no county in
the commonwealth can boast of nobler peo-
pie. 1t is singular that while the persons
directly interested in the tragedy belong
here, there is not a single resident of the
county engaged in the trial of the case. The
destinies of these defendants will therefore
have to be decided by strangers"
A glowing tribute was paid by Capt.
Woods to counsel for the defendants, but
his illusions were made in such a manner
as to call for an objection from the attor-
neys referred to.
Whatever may be the result of the
trial. Capt. Woods stated, there can be
no claim that the defendants did not have
a fair and unbiased trial, and the people
of the county and the commonwealth should
be satisfied"
Referring to what Attorney Lee had told
the court and jury about his speech to the
members of the Virginia State Bar Asso-
citation, counsel said he still held to those
opinions.
Il have experienced no change of senti-
| ment about what l said them he declared
They are my honest sentiments Let the
law be written or unwrltten, as 1t may,
have my own ideas about some things, and
I have already expressed them"
Capt. Woods said that if Jim and Philip
| Strother had swept Bywaters off the face
of the earth when they first learned of his
alleged offense, no temptation, nothing
short of a divine command, could have in
| duced him to appear for the commonwealth
Il will go farther, said Capt Woods,
| land say that If they had charged him with
| the crime, proposed marriage, and he had
spurned their proposal, had l been in their
! places 1 would have stricken him down.
| Under such conditions, had l appeared in
| the case for the commonwealth l should
have felt that had disgraced myself.
honor them for their discretion and con-
| duct in trying to shield their sister, but the
point where they should have acted had
passed and. gohe."
Bywaters, counsel argued, was entitled
to his life unless he had perpetrated some
horrible crime to arouse the righteous in
dignation Of the men who took his life, or
| unless he was the attacking party. Coun-
sci read portions Of the testimony given by
Mrs. Bywaters at the inquest, and INDUCED
in an argument about what Is told by the
Capt Woods also read from the Bible to
show that the Interpretation put upon the
death Of Schechem by Mr.. Jeffries was in
correct.
Following Recess.
The court at 5:15 o'clock took recess
until o'clock. Capt. Woods resuming his
argument after super. He asked the mem
bers OF the jury not to let the oratory Of
counsel sway them from what should guide
them in their determination of guilt or in
nocence of the defendants. They had two
guides, counsel told the jury, one Of them
being the evidence they obtained at Rother-
he Of or ba tasf hat Ua
given In court.
Duty he told the jury, lis the guiding
star"
Capt Woods commented upon the fact
that the principal witnesses In the case
were persons who were most deeply in
terested in Its outcome. He spoke of Mrs.
Bywaters as being an unfortunate woman
who had yielded to Bywaters because of his
was in court who could place his hand upon
his heart and say he had not yielded to
some temptation which now besmears his
recollection and which he wishes he could
blot out. f2s~f
The commandment Thou shalt not KILL
Capt Woods stated, has been Incorporated
In the statutes of Virginia and almost every
other state, and when its provisions have
been violated-the provisions Of the law.
which he characterized as being divine and
human-its violators should be punished.
strike where it will. The first acute stage
of the case. he said was reached when. De-
cember 10, Miss Viola Strother and William
F. Bywaters reached Culpeper, her brothers
reaching there about the same time. The
crisis, he said, came when the truth of their
horrible relations was admitted.
Had Bywaters said at that time that he
would not marry her, stated counsel, "a
different aspect would have been upon the
case now, but the crisis was tided over, 1t
may be said to the credit of the young
men,.
Mrs Bywaters said she felt safer with
her husband at her side. for then she knew
he would not leave her. The entrance of
Philip Strother, counsel said, was an intru-
sion in the bridal chamber. He had no
business there unless he was sent for. There
was snap of danger when James Strother
came In, placed his hand upon the shoulder