Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-04
Brother-in-Law of Defendants.

IT do
What time was it,"
II don't know" he said. Il didn't look at
my watch"
Were you at the wedding?"
NO"
He said his wife went into the house
ahead of him, as he had to look after his
horse.
was there any talk between you, By
waters and your wife,?
There was some talk down stairs
What was said?"
Il don't remember"
trouble?''
Yes, SIR"
And what did he say?"
THAT he would take the blame on his
own shoulders"
Witness was asked who was the first to
go up stairs Immediately preceding the
shooting and he answered Philip.
Did you not testify before the coroner's
jury that James was the first to 60 up
stairs?
Il don't remember
Was your mind as clear then as it is
now" Mr.. Keith asked.
1T might have been"
who fired the shots?"
James and Philip"
You stated to the coroner's jury that you
went up stairs after you heard a commo-
ton, stated the commonwealth attorney.
What did you mean by THAR"
BY commOtion." said witness, Il meant
conversation
Corrects Coroner's Record.
Witness said he followed his wife upstairs
and that she did not follow him. as the
coroner's record indicated
Had a shot been fired when you met
Bywaters on the stairs?"
Il don't remember
Did you push him back?'
Yes. SIR"
Was there a struggle?"
Il don't remember
Was there fuss?'
Indeed, don't remember"
How did You get him into the room?'
Il pushed him.
From behind?'
don't remember
WAS he pushed face foremost9''
II pushed him in the room"
witness said he saw the defendants shoot
through the window.
And then what happened?"
My wife pulled me into an adioininp
ROOM" he answered.
And did You tell the coroner's iurv that
tne hring was going on after you were
pulled into that room?' -.
Il did, ~
Witness said he told the coroner,s i,rv
mat the window in Mrs. Bywater's room
was down and that the shutters were omen
why did You think they were in that
condition. Mr.. Jeffries asked. 'N''
because l had been in there earlier in
the evening and saw the window dou,n ~
inc the binds open and supposed they were
Il was" "i'eihoo
were in town. "hhe you
Il did not"
w nat time were you in town.,
don't remember"
while you were in town." said Mr.
hei'h' did you endeavor to buy pistol?''
Defense Objects.
objection was made by the defense and
the question was ruled out by the court
Mi. Gaines" said Mr.. Jefrries, what ia
your mental condition as to BECOMING er-
cited?" GA
I'm very excitable," he answered: Every
excitable, indeed"
Witness declared that the report of the
coroner does not contain all he said before
the jury at the inquest.
You stated at the inquest that Rvwater.
was shot while deserving his wife" said
MI: Jenries: rs that true?"
Witness explained that at the time tho
shooting was going on Bywaters went
through the window without being STONED
This was given to indicate that the windour
was open. Witness was told that at the in
quest he said he saw Bywaters fall upon
the roof after he went through the window
He was asked II that statement was cor
rect. and he said he thought it was.
Attorney Jeffries questioned the witness
respecting this part of his TESTIMONY and
Bywaters fell. ~
"Mr. Gaines" asked Commemorative At
torney Keith. did You strike Bywaters
when you met him on the steps that night :
II did not"
| did you state. in the presence of Lucien
| Crump. that when you met him you struck
| him with all your might?"
Counsel for the defense objected. and the
question was not permitted.
Commemorative Attorney Keith an
nounced that the witness DIR. De Jarnette
| had informed him he would be unable to
come here.
Then. at about II o'clock, Mr. Keith an
| nounced the case closed. There was no
further testimony to OFFER on behalf of. the
, defense and the judge said he was ready
\ to pass upon the instructions to the jury.
| Counsel stated that they had not yet COM
| pleted their instructions. and a short recess
| was taken.
Instructions Submitted.
| After a recess. counsel submitted to the
court the instructions they had prepared
| about twenty on each side. The attorneys
exchanged copies of the instructions they
were to ask and further time was consumed
! going over them. Judge Harrison then
took the instructions under consideration
| and further recess was taken. !
| Both sides announced the case closed, and
! at IL O'Clock the court took short re-
| cess to give the counsel time to prepare
| instructions to the jury. 1t Is possible that
| the case will go to the jury tomorrow night.
Sympathy for strother Brothers.
| II the sentiment expressed in the 1.5OO
letters that have been received by the
Strother boys is expressive OF that en-
| tertained by the members of the jury the
verdict will be not guilty without leaving
4 caa q have