Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-25
COURT SECURES JURY
Body of Men to Try the Stroth-
er Brothers.
MRS. BYWATERS TO TESTIFY
Arrives in Town Ready to Appear,
Notwithstanding Illness.
HER PHYSICIAN TO BE IN COURT
Gossip Regarding Character Of the
Evidence to Be Brought Out
Unwritten Law.
Special From a StafY Correspondent.

Special From a StaH Correspondent.
CULPEPER. Va, February 25.-Forty-
five of the fifty men from Shenandoah
county composing the venire ordered by
Judge Harrison last Thursday filed into the
circuit court room this morning and ma
terfally increased the crowd. More interest
was shown in the case this morning than
was manifested last week, the people evil
IDENTIFY believing jury would be quickly
obtained and the trial would begin in ear
nest. The appearance of the men from
Shenandoah indicated high order of in
telligence. They are merchants and farm
ers from the vicinity Of Woodstock, Mount
Jackson. Ednburg and Fishers Hill, and
many of them had come here under pro-
test, but conceded that their coming was a
matter of duty to the commonwealth and
they made the best of it.
James and Philip Strother, who are &C
cused of the murder of their brother-in-
law, William F. Bywaters, were in their
places in court when everything was in
readiness to proceed with the work Of Sc
iecting jury to determine their fate, but
interest was conferred more upon Mrs. By
waters.
Where is Mrs. Bywaters?'' asked many
of the strangers. not knowing that the star
WltHeSS III tne case IS quite Ill.
Mrs. Bywaters came into town from the
home of her sister, Mrs. Gaines, this morn
ing, despite her indispositon, but she does
not expect to go to the court house until
her presence is actually required.
Selection of the Jury.
When the court had completed the pre-
liminary work the sixteen men who were
seated in the box were: Asa NJ. Sheets and
E. NJ. Bushong OF Woodstock NJ. A. Price,
s. G. Henkel. Newmarket; Daniel LIGHTER,
Woodstock; W. c. Lantz, Mt. Jackson; G.
H. Haun, Josiah Wisman, Woodstock;
James o. Bot, Toms Brook; Charles O.
Killer, Toms Brook; \. y. Stickley, Stras-
burg; P. n. Jarrett, StrasDurg; ]. C.
TONNES, Mt. jackson: John w. Capp,
Fishers Hill; W. II. Fleming, Laurasyille
and W. w. Bird, Mt. Jackson.
When these men had been seated, counsel
for the defendants asked that the court
take a short recess in order to give them
an opportunity to confer upon the question
of eXcusing four men. During recess the
court disposed OF the question of paying
mileage to the talesmen who had been
summoned, telling them their expenses at
the hotels would be betrayed by the court
But, your HONOR said one of the men,
we are going to get dinner before we leave
and we would like to know if that will be
paid for.
Get your dinner said the Judge, land
when the question is presented the court
Will pass upon it.
Talesmen Closely Questioned.
Judge Harrison questioned the talesmen
when they appeared upon the stand, and
each was asked if he had formed or ex-
pressed an opinion as to the guilt or inno-
cence of the defendants. or if he was re-
lated to the defendants or the deceased; if
he was opposed to the infection of capital
c ont e
why he could not serve upon the Jury
Several of the talesmen declared they had
formed opinions as to the guilt or limo cence
OF the defendants and others said they had
not. some OF them requested to be ex-
cused after they had been questioned. but
others showed a perfect Willingness to
serve. A remarkably small number of them
SAID they We're opposed to the inf1iction of
capital punishment
Frank Hickman was the first tn cav ba
was opposed to capital punishment and he
was excused without debate, and during,
the first hour of the morning session most
or the seats in the box We're filled subject
to objection. Asa A Sheets of WOODSTOCK
was the first talesman questioned. He had
not formed or expressed an opinion nor did
he know anything about the case that
would dlsqualify him as a juror. E. M.
bushone, also OF Woodstock, ansv cred the
questions satisfactorily and was given a.
seat in the box He said he read newspaper
accounts OF the tragedy but they had made
no impression upon him. I. E. Bushong of
New Market Knew something about the
case and had read many accounts of the
tragedy. 1t was his belief that he could
not honestly serve as a juror. He was
thereupon excused.
The next talesman was NJ. A. Price. He
was asked about his citizenship in the
state; whether he was related to the de-
PENDANTS or the deceased. His answers
were satisfactory and he was not opposed
to capital punishment.
Jury is Sworn.
The defense excused S. c. Henkel, G. n.
Maun, A. A. Stickler and John w, Conn
the remaining twelve men being then sworn
by Deputy Clerk Gilkeson, to well and
truly try and a true verdict return" The
clerk then read the three counts of the in
dictment, together with an explanation as
to what finding the jury may report. One
instruction was that in event of the de-
PENDANTS being found guilty as indicted the
jury is to announce the result and no more.
1t was explained that the jury may return
a verdict of murder in the second degree or
manslaughter, fixing the term of imprson-
ment or the amount of fine OF both. The
penalty for involuntary manslaughter, the
clerk explained, Is a fine of not less than S.
or Imprisonment in the county Jail; that for
voluntary manslaughter Imprisonment from
one to five years, and murder in the second
degree from five to eighteen years. At IL :15
o'clock.
Judge Harrison is we'll pleased with the
jury. He told a Star reporter this after
noon that they represented the best ele-
ment in Shenandoah county, some of them
being men of considerable wealth. The in
tegrity of the jury, ne said cannot be ques-
toned, and he feels assured that the twelve
men selected will render just verdict after
they have heard the testimony.
Idle Gossip Current.
A great amount of idle gossip is being in
dulged in about the case by persons who are
not residents of the town or county, and
they have tried and retired the case, al
ways with the same result. Last night the
strangers in town gathered in the hotels
and discussed the situation, the residents
of the town being good listeners, but not
showing much disposition to take any part
in the discussions.
1t was limited that the commonwealth will
make an effort to show that William F.
Bywaters was not shot after he left the
window, but that he received his mortal
wounds while in the room where his wife
was Ill, and that he was afterward assist
ed through the window and left upon the
roof of the porch to die, in order that such
Of H..