The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-25
Some Doubt Of Securing
a Jury From Shenan
dOah Vcnire.
MRS. BYWATERS
THE STAR WITNESS
Counsel for Defense Believe That
the "Unwritten Law Will
Clear the Prisoners-Peo
pie Anxious to Hear
Wifc's Story of
the Killing.

Wite's Story Of
the Killing.
cULPEPER, VA. February 24-l
Counsel on both sides in the Strot her.
Bywa ters murder case are max ing
preparations for beginning the trial OF
the case In earnest to- morrow m o rn-
ing Some OF the fifty Jurors sum
rnoned from Shenandoah county. have
already reached here, and Others are
expected Tomorrow, but 1t is thou ght
the majority of them will not arrive
until Monday morning. Judge Harrl-
son was careful to instruct Deputy
Sheriff Bowersett to let the talesraen
know by what train they would have
to travel, in order8to reach here on
time Monday. It is thought most OF
them will come over the Stras burg
division Of the Southern Railway
changing cars at Manassas. In tim,
to reach here Monday morning about
$3.50 o'clock, should the train be on
time.
There was nothing surprising about
the apparent lacksof interest in the
case Thursday, the small attendance OF
spectators evidencing that the resi-
dents of the town and county do not
care to make a show of what interest
they have In the case.
About the streets and hotels the peo-
pie engage In but little econversation bout
the case, the few who nre willing to dis
cuss it. however, seeming to favor the
acanittal of the defendants. It was a
foregone conclusion that q jury made up
of residents Of Culpeper county could
hardly have been obtained. both the By
waters and Strother families having so
many relatives in all sections of the
county.
Difficulty in Securing Jury.
There is no certainty that a jury will
be secured from the yenire from shenan-
doah. however, as the people there are
probably familiar with the case. Shen-
andoah county, pc ople,y 1t Is 81 ted, spatros
nize the nnewspap pers ather freely. and
lowed the ease from the day WI llas,1A f
Bywa ters was shot and killed to the
present time. Should the court be lll-s
able to get the requisite number of quail
flied voters IN Shenandoah county. Il lis
believed Judge Harrison will make ar-
other effort there or in Clarke county or
Warren county. He prefers a jury from
his own circuit, .boing SO widely ac-
quainted there that 1t will not be neces-
sary for him to ask many questions about
the character OF the talesmen who ara
presented.
Should much trouble be en- coun tered
however, in getting a jury from that
section, the court. may send to "a county
in another section Of the State The
court and counsel on both sides are
hopeful OF being able to getFa jury
from the fifty men who appear In court
tomorrow. however. as they are anx-
L fo,, 10 h,1 he rfa
| posed of during the coming week.
Should the jury be sworn Monday. the
court will hear the opening address Of
the prosecution, which will probably
| be made by CONFERENCE.-The s Attorney
j.. A. G. Keith leading counsel for the
State, and no; time wi IL then be lost
in tteamattcr offiputting witnesses
! upon the stand.
Interest in Mrs. Bywaters.
1t is likely that an effort will be
made to crowd the court the day that
/ Mrs. Viola Dywaters goes upon the
| stand, as the moro curious people are
! anxious to see her and hear what sho
| has to say. Her recital of the Circupl-
stances attending the shooting. OF her
| husband, SO soon after their marriage,
I 1t is thought. will be interesting. and
| viii probably elnbody some feature
that has not vet been made public. @
] 1t is believed. however, that the Gu
! rous ones will be disappointed, as
| Judge Harrison is almost certain to
| clear the courtroom when she Is placed
| on tho stand Mrs. Sywaters Is fre-
\ quently referred to as the star witness
| for the prosecution, but the defense Is
| Of the opinion that she will also be
\ their best witness. She is the only
| witness who will be able to tell OF the
! circumstances which led up to the mar
4 riage and subsequent killing OF her
| husband. Not only will she be able
| to tell Of what occurred in the family
home the night OF December 18th. but
4 she will be depended upon by her
1 brothers, who are on trial for their
| lives and liberty, to tell Of the condi-
! tions which will bring the case within
| the bounds Of the "unwritten law"
4 Former State Senator Jeffrie and his
associates. r. Walton Moore and John
| l.. Lee. feel that her testimony VIII vlr-
tually determine the guilt or inno-
/ cence of the accused brothers. She Is
| In position to tell practically the
| whole story Of the case from begin
| ming to end. This story, 1t is expected,
| will bo brought out by counsel in q
1 manner to nuke the greatest impress
sion upon tho Jury
Alleged Refusaltto Right Wrong
! 1t is believed that counsel WNll dwell
at length upon the visits paid to Wash
ington by the young couple and OF the
| rcfu sal or Bywaters to right tho wrong
| he had done. Counsel VIII probably
argile, 1t is said. that tho test came and
/ Win Bywaters permitted the cousin
whom he prefessed to love. to t, suh hnlit .na,t
to a possible fatal operation rather man
| marry her and return home to be her
legal protector Counsel for Ale de-
Tense, 4 is believed, would 90 NIL willing ";
| tho testimony OF Mrs. Bywaters. but
/ tho prosecution will probably examine
! nearly three dozen witnesses. u.
No intimatlon has yet been gwen ~
4 plans, and 1t is not 4.nown that they
| Will put the defendants upon tho stand,
4 They may deem It unnecessary TO hayo
| testimony OF Mrs, Bywaters, Mrs,
1 Gaines and tho latter's husband, u. y.
| Gaines, brother in-law Of the detend-
Il