Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-01

mann tntre that night
What did Bywaters say to that ques-
tion?''
He made no response"
Bywaters' Attempt to Escape.
Gust them" said defendant. Mrs Gaines
came in and Bywaters jerked away from
Viola and bolted down the steps,"
"And what did you do?'' -------
Il fired down the steps after him."
How many pistols had your
IT had two"
where were they?"
I'm my holster, under my coat"
When did you become the owner OF those
pistols?"
"One / had owned for about a year and
a half" he said, land the other got
about six months ago"
he fired down the stairs, and he said that
Mr.. Gaines, who was on his way upstairs
at the time, turned Bywaters back and
through the window then.
Had you taken a drink that night?" At
torney Moore asked.
mot one."
so sNo."
What did you do when Bywaters bolted
out the Window"
IT fired at him as he went out the win
dow"
Was the night dark?"
Every dark"
IN what direction did you fret"
Did you hear him fall on the roof of the
porch?"
mot then"
did you fire your other pistol?''
Eyes"
Philip strother said he did not 60 out
upon the roof Of the porch, but he did put
one foot out.
Unable to Resist Impulse. ,
II couldn't help doing what did to save
my lfe," he added.
what did you think Bywaters was try
ing to do?'
desert my sister,"
Counsel returned to the time that BY
waters had said he wanted to go to town
to see his mother and tell her of the mar
rage and to get out announcement cards.
The jury had heard that Mrs. Bywaters
had tol1 her husband that her brother was
going to town and that he would attend to
those things for him.
II told him 1 would take him to town If
he would come back, and called the farm
hand, Linwood Taylor, to get the horse"
"Linwood Taylor, said counsel, was
summoned by the commonwealth"
"Bywaters said he would go to town with
me, but would not come back said the
defendant, land told Taylor he could put
up the horse. Taylor had brought a saddle
horse, 1 having failed to recall that Rev.
DR.. Ware had been sent back to town in
the buggy"
you say Bywaters said he would go,
but that he would not come back?'
Eyes, SIR"
The piece of cuff button that was found
on the roof of the porch was produced and
Philip Strother said it belonged to him. He
had looked for the missing piece, but had
not been able to find it. In response to a
question asked by Mr.. Moore. he said that
during all the trouble he had looked to his
brother James for guidance.
do you say that that is your button?"
asked Commemorative Attorney Keith
when the witness was turned over to him.
yes" was his answer.
did you take Bywaters out to your
house that Saturday night?"
II did,
And you knew all about the transac-
tion?"
yes"
You thought the marriage ceremony
ended it?
Yes, if he remained there"
Carried Revolvers to Town.
"Mr. Strother." said Commemorative At
torney Keith. were you armed when you
were in town that Saturday,
II had the pistols in my holster
"And did you still have them there at the
time of the wedding?'
Eyes"
"Are you in the habit Of carrying weap-
ons?"
Sometimes"
Very much?"
Fright much
He explained that he was sometimes on
the road at night, and he thought it was
well to be prepared in the event of being
attacked He repeated that he thought the
marriage ended the trouble, ard that he had
shaken hands with Bywaters in good faith.
do you know where Bywaters' hat and
coat were?"
Il suppose they were hanging on the
rack, where he usually put them when he
came to the house,
Near the telephone?'
YES"
And near the door,"
Yes"
'Were your suspicious aroused when he
was at the telephone?"
Not very much; but 1 was keeping my
eye on him.
Defendant said that Bywaters went up
stairs after leaving the telephone, and he
went up shortly afterward. Bywaters was
seated at the bed and Viola had her arm
about his neck. He repeated that James
came up and put his hand on Bywaters'
shoulder and asked him his intentions.
"Why did Jim come up there?"
IT suppose he thought Bywaters was
going to leave"
Fired as He Ran.
"And when Bywaters jerked away from
Viola ana OOiIeO OOWH tu0 SlcpSy lAQulECu
Commemorative Attorney Keith, what
did you do?'
II raised up, crossed the room and shot,
but 1 didn't see him when I shot,
"why did you not pursue him down the
steps?"
II can't tell why
when Mr.. Gaines brought Bywaters
back was anything said?"
mot word"
'Did both you and Jim have your pistols
in your hands?''
IT had mine."
'Did you not fire before he got out the
Window"
HE was practically out when I fired"
Ibid the first shot take effect?"
81 didn't see any evidence Of It.
/. Ibid you hear Bywaters walking upon
the roof?'
II heard a rafting noise on the tin roof,
but could not say he was walking"
'Were you trying to kill him?"
81 was shooting. What I was doing
couldn't help. I had no control over my
self"
Defendant denied that he shot down upon
Bywaters after the latter had fallen.
II believe your father was very promi-
nent MANI" suggested Attorney Moore.
HE was"
II believe he was member Of Con-