The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-01
! Viola with him, and dashed for tho

stairway.
III heard shot. not u very loud report
Gaines brought Bywnters back Into the
room; do not know how. Bywnters
rushed directly for the window without
stopping. suppose l fired twice; do
not know how many times. All was
silence and dark outside. and thought
he had gone off the porch ran down
stairs and out into tho yard. empted
my pistol towards tho porch roof
where was Phll?"
"At tho Window
Witness, said lie could see a form
which seemed to be crouched on the
porch. Phil continued to tlrc until the
form disappeared by falling prone on
the roof. Witness asserted with posi-
tlveness that Philip did not go on tho
porch roof. He could SEQ him distinctly.
'Bywnters made no outcry,' said Wit
ness. ".rhcre was no way to tell whether
he had hit him. lie did not utter u
sound while we were firing. Viola was
screaming.
In response to questions by Mr.. jeff
RIGS, witness said the window was closed
during the marriage ceremony but wns
UP during tho shooting. Ie did not
know who raised It.
Witness replied TO n question by
Mr.. Jeffrics, asking him to describe
his mental condition. during the shoot
Ing. ''I3ywaters had hcaped insult OH
insult, injury on INJURY, infamy on
.infnmy, until no power on earth could
have kept mo from shooting him when
I saw he was trying to desert his
wife"
The witness spoke In tense tones,
but determination trembled in his
voice and CLEANED In his eyes. He
rauscd for q moment, and in tho per-
feet stiffness which followed added:
1T was like a wild beast"
Support Of s1niiiy
Mr. Jeffrios asked him concerning
his history and witness told a
ing law and going to West Virginia to
practice when he was twenty years
old; Of his helping his father. who
lost his health and got somewhat be-
hind in consequence; of his invalid
mother, who. after the death OF his
father, looked to witness MS the head
of the family. Since the death of his
father, about two years ago, witness
said he had made the trip OF 900 milcS
from WEIGH to Culpeper once a month,
or oftener, to see how matters were
with Viola and the rest of tho un-
married portion of the family. Sew
oral times the voice broke as he told
of his efforts to take care Of the
family. He broke down entirely when
he told OF promising his mother on
her deathbed to take care OF his two
contract with Bessie and Viola that
as long as they were single they
should be allowed to 1.-Two on at Roth
erwood. He paid grocery, drug and
dry goods bills for them. II loved
Viola" said witness in broken tones.
"She was the youngest, she was moth
cr's pet I trusted her as I would
my six-year-old girl-as l would my
wife"
Returning to the consecutive recital
of events. witness said two or three
minutes after the shooting he 'phoned
the sheriff to come out. that Bywa-
ters was dead. He also called DR..
Chelf to see Viola, who was in a
terrible condition. Philip went for Mr..
Lemon, neighbour.
What kind of pistol did you use?"
said Captain Woods, beginning the
cross-examinatton.
"..s2 Smith & Wesson hammerless;
witness said the pistols we're loaded
again. Sheriff Plllam thought there
might be trouble. and we wished to
be prepared for it," said witness.
You went up stairs determined to
find out whether Bywaters was go
ing to stay, or not?"
~ went up to find out what he was
going to do."k Witness told again OF
his laying his hand on Bywaters' 9
shoulder and asking him what he was
going to do, to which Bywaters made
no reply, and soon sprung up and
started down the steps.
Witness told of saying to Judge Grims-
ley over the phone Immediately after
the shooting, when the latter called him
up, that Bywaters had debauched his
sister
Were you drinking that EVENING""
81 was not. 49, Witness said he had
taken ono drink during the day. He
knew positively Phil. had not taken one.
Ibid you have your pistol with you
when YOU went up into that room?"
asked Mr.. Keith.
II did; had had it with me from
the time l came TO Culpeper.'
Would Have Killed Him.
Further along witness said he wouJ
have killed Bywaters had he refused tc
marry his sister.
You went upstairs to make hin
stay there that night?"
''Yes."
ITO go to any cxtent2"
II had no idea he would attempt t.
make his escape
He did not know whether Bywater:
knew they were armed.
Your mind was made up he wa: