The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-03
Bywaters's Good Faith.

These and several other things We're
proposed to be introduced. Captain
Wood said. to show the good faith of
the deceased in entering into his mar
riage with Miss Strother. This good
faith had been questioned by the other
side Mr.. Moore argued that the intro
duction or testimony as proposed by
the prosecution would be contrary to
the laws Of evidence. and counsel FOR
the other side were given permission
to retire and consult.
In a few minutes they returned. and
Captain Woods resumed his argument
that as the defense had introduced tes.
timony impeaching the good faith OF
Bywaters in entering into the mar
riage, the prosecution had right to
Introduce testimony touching any cir
cumstance other than what he might
have said to show he did not act in
bad faith. Captain Woods cited sev-
eral authorities to support his con-
tention.
Captain Woods's was the most
lengthy argument thus far made in the
course of the trial. 1t was noticeable
that judge Harrison. who appeared
to be strongly inclined to rule against
the prosecution at the outset became
apparently less unfriendly in his ques-
lions as the argument progressed.
1 Mr. Lee, opposing tho introduction
Of tho testimony. said the question
| was not one as to the good faith or
deceased. but of the impression male
upon the minds Of the defendants. y
shot B. and claimed he acted In selt-
| defense.
| showing that threats made by B to shoot
| A were communicated to A. and the
| prosecution seeks to show that had
J really expressed and shown his love for
A. Such evidence would be clearly IN,
| admissible, yet the suppositious case and
/ the case at bar We're Identical
Character Not in Question.
CAPTAIN Woods made n brief reply, and
| Judge HARRISON proceeded to rule lie
decided that the character of Bywaters
had nothing to do with the case the
only circumstances which can so to the
/ iury is one showing their mental atti'
4, tude on the day of the shooting"
Nor have the intentions OF BywatefS
anything to do with the case. II he MAJ
1 been the worst man on the face of ths
earth the defendants had no right e
/ XIII him. There was then renewed argu
! ment over the admission of testimony
showing Bywnters was in Mr.. PaSneS
buggy. and not in his own, when ne
cane from his mothers hons just be
fore starting out to be married.
The witness was passed by on TIN
courts saving it would not pass q
present on the question of ADMITTING
1 Paynes story, and the jury wa
a brought back.
N. S. Rcmsburg went on the stant
and testified to meeting Phil Strothe
on a Southern Railway train on tn
10th Of December.
what was his condition at tina
time?"
1--WE object said Mr.. Jeftrles
Mr.. Keith argued that us Philil
Strothcr had said In his testimony
he had not taken u drink since las
| August it was proposed to prove tina
no had been drinking since that time
"The question is immaterlal," sal
the court and witness was not AZ
lowed to answer. But counsel FOR de
Tense withdrew the objection ana WI
ness was allowed to answer.
Witness said Phil had asked mn
not to say anything to his uncle ~
Strother. about his drinking; that n
hnd taken the seely cure twice; tina
he was drinking. to drown his DISCUS
because certain legal business whic
he had gone to Washington to ntten
To had not been settled to suit hin
EIe did not see young Strothcr take
drink Some young men Win wnol
philip was had a pistol, which the
handled in such careless manner
made the witness very nervous
Payne was recalled to the stand, an
gave more details resarding his cal
{ rying I3ywaters to the point where ii
latter got out sf the buggy to join
f-mun who witness did not know.
The Judge said he would allow I'll
lwltncss to testify. and would deell