The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-26

Culpeper. Va, Feb. 23--'I InWrlttcn
law" that primogenial instinct which
prompts men 10 defend the sanctity of
their homes and avenge the betrayal OF
their womenkind with the blood of the
betrayer. was invoked here to-day as the
sole defense of James and Philip Strothor.
sIayers of William T. Bywaters. who, for
a brief hour. was the husband of Viola
Strother- Bywaters, sister OF the defend
ants.
In the three hours of the afternoon ses-
sion. following the selection of the jury,
defense and prosecution laid their cards
face upward upon the table for the jury
men to read and decide the fate of the
accused. not upon tcchnicaliues Of stat
utes but upon one single unwTitten tech
nicality of unwTiten law.
Upon one question alone would the fate
of the two brothers appear TO rest. All
else has been granted both by the Com
monWealth and the defense
The question that confronts the jury
Is one of unwritten law, namely, did By
waters. by marriage TO Viola Strother,
make complete reparation for the wrong
it has been generally admitted he did her,
and further, did the dead man really at
tempt to escape after the alleged enforced
wedding. with the intention of deserving
the obligations then imposed upon him?
Defense says yes; prosecution says no.
Trial VIII Not Last Long.
Beyond evidence to be introduced 10y
both sides TO strengthen their cases little
is expected in the way of new develop
ments and nothing TO throw new aspect
ON the case. BY the end of this week,
the verdict viii in all probability have
been returned and Nirginia's most sensa-
tionaI and celebrated murder trial in
many years will become history.
No attempt was made by the prosecu-
tion To appeal to the jury to view the
case from any other standpoint than tlHt
OF believers in the unwritten code The
legality of the act itself was not ques-
toned. The jurymen were called upon
simply to judge whether or not the high
er code applies To the case in question,
They were told that tho Commonwealth /
intends to show by evidence that what 4
ever may have been the wrong committed
by Rywaters he made fuI reparstion I
through marriage. and that he had no i'm
tention of escaping the fulhllment Of his
marital vows. They were told that this
being proved. they have no course open
but that Of finding the defendants guilty
Of brutal. deliberate, and unjustihable
murder.
JeRries for Defense.
on the other hand. the jury had elo-
quently and patheticalIy laid before them
by Attorney John L. JeTries. for the de-
Tense, the story Of the disastrous love
~.r
with it's elimination i'm the tragedy.
With reluctance and infinite delicacy
Attorney Jeffries related the details of
the girls ruin, her unfaltering love for
her betrayer, her terror when the time
came when disgrace seemed inevitable,
her pleading with Bywaters for Tepara-
tion by marriage his alleged refusal and
insistence upon her coming TO Wash
ington for an operation, the several trips
made to the Capital for that purpose. and
the incidents that occurred on those oC-
CasiOns. of her return TO CUlpeper ana
the discovery by the Strother family Of
the condition of affairs. of the marriage
at the bedside of the sick girl, and finally
OF the tragedy itself.
Bywnters' Alleged Desertion.
The alleged attempt Of Bywaters to
escape. and his death at the hands of the
brothers was vividly dwelt upon by the
attorney, who closed with an appeal 10
the jury 20 place themselves mentally
in the position Of the defendants and
decide what they would have done un-
der the circumstances. 1t was a mas
terly effort and produced results plainly
visible on the faces of many OF the
jurors.
The setting Of the trial is picturesque in
the extreme. The quaint brick court
house, with its square bell tower stands
at the end of the narrow main street of
Culpeper. From the west windows of the
courtroom one can look across a snow
laden valley to a clump of cedars. between
which the white monuments of Il little
cemetery sleam IN the sunlight. Here
lies the body of the dead man for the Kill
ing of whom his two cousins and brothers
in-law are on trial
Courtroom Is small
The courtroom is small and square. The
raised dais on which stands the Judges
bench, the rallied inclosure occupied by the
jury. attorneys. defendants. and officials.
the bare walls, papered TO look like blocks
the far end of the room look like a stage
setting.
The throng of men that rode from ali
parts of the county yesterday to attend
the opening day OF the trial added to the
ouaintness of the picture. They were like
characters taken from all the books ever
written with Virginia as the setting. The
great majority of them came to town on
horseback. As they stood massed in a
semicircle at the back of the courtroom
their brOnzed and bearded faces rejecting
a serious intent interest in the proceed
ings. IL was not difficult to imagine one
self transported back t. the days before
the war" The costumes of the majority
of the spectators were identical with what
their fathers and grandfatheTs wore, and
there has apparently been little or no
change in the style Of hsir-cutting and
boards.
Judge Harrison in Charge.
When Judge Thomas w, Harrison took |
his place at the opening Of the session, /
the courtroom was packed to the doors. /
Not one woman was IN the crowd. how
ever. Immediately after the court opened |
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