Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-20
FOR STROLLER TRIAL
Everything is in Readiness at
CuIpeper, Va.
FOR TOMORROW MORNING
Views of Residents of County Re-
gardhg the Outcome.
PosTP0NEMENT MAY BE ASKED
illness of the NEUTRALITY-SUSPICIOUS.
Between Standardization Made
Of !'Unwritten Law"
posTPoNEMENT MAY BE ASKED


interest is being manifested here in the
case of James F. Strother and Philip j.
Strother, brothers, who are to be placed on
trial tomorrow morning for the killing of
their brother-in-law, William F. Bywaters,
and it is thought the town will be filled with
visitors from all sections of the county dur
ing the time the trial is in progress. Coun-
sci on both sides are making great prepara-
tions for the presentation of the case to
jury, but the cause has already been so
thoroughly Investigated that no surprises
are anticipated The hearing, however, is
expected to be the most interesting that
has occurred in this or any other section
of the state since the trial of j. Samuel
McCue. former mayor of Charlottesville
who was convicted of having killed his wife
and who paid the death penalty for his
crime. There is probably no resident of this
county, however, who believes that there Is
any likelihood of such termination of the
Strother-Bywaters case. 1t is the intention
of the prosecution to make an able presen-
tation of its side of the case and to do its
best to secure conviction, but the general
opinion is that the verdict will not be sim
liar to the one that was returned against
McCue. Counsel for the defendants are not
losing any time in preparing their case, and
the prominence of the legal lights and their
reputation as lawyers are regarded as an
assurance that the trial will be most inter-
esting.
Although the trial is scheduled to begin
tomorrw morning, it is thought that a post
pOnement will be asked by the state be-
cause of the continued illness of Mrs. By
waters. the widow 1t is said her condition
is such that she canIfot possibly attend
court during the next two weeks Capt
Micaiah Woods of counsel for the state Is
DESTROYS of having Mrs. Byvaters appear
in court to tell the story of the killing and
it is believed that the prosecution will base
its case largely upon ner testimony. Coun-
sci the jS he1i wi
that the testimony given by Mrs. Bywaters
at the hearing before the coroner differed
materially from what was said by other
witnesses, but such contention is not ad-
mitted by the defense.
Details of the Tragedy.
1t will probably be admitted by the de-
Tense that the widow, who was i'll at the
time she made her statement, did not re-
cite the details Of the tragedy exactly as
they were related by her sister, Mrs Gaines,
but the difference, they will contend did
not affect any material point. 1t was
merely such difference. they will claim,
as is usual in such cases. and it shows con-
clusively that the witnesses did not COM
pare notes before giving their testimony.
1t is the desire of the state. however that
Mrs. Bywaters appear in court and tell her
story, and 1t is therefore thought that a
postponement will be asked.
Commemorative Attorney John NJ. Keith
of Warrenton is the representative of the
state in charge of the prosecution, Capt.
Micajah Woods of Charlottesville being the
one who is to assist him. John L. Lee of
Lynchburg, John L. Jeffries of Norfolk and
r. Walton Moore of Fairfax are to conduct
the defense.
The fatal shooting Of Bywaters occurred
at the Strother home, Rotherwood, the
night of December Is, few hours after the
marriage of Will Bywaters and Miss Viola
Strother, the latter sister of the defend
ants and cousin of her deceased husband.
No effort was made by the Strother broth
manned there until the sheriff reached the
house. Bond was given for their appear
ance and they have not been locked up at
any time since the tragedy was enacted.
Estrangement Between Relatives.
1t is expected that the alleged scandal
in which Bywaters and his cousin, Miss
Srother, figured before their marriage will
be the means of causing an estrangement
between relatives on both sides. There is
already an intense feeling existing between
some of them, and while they do but little
talking, personal friends Of some of them
seem to think there is further trouble in
store. When the case comes before the
court it is expected considerable trouble
will be experienced in selecting jury, and
the court may have to send to another
county for jurors. 1t is expected that re-
quest Will be maze or Judge harrison TO
select the jurors from distant part of the
state, as the parties to the shooting have
SO many relatives throughout Culpeper
county.
Some of the resident of the county fail to
understand why the state should want a
continuance. The case is a plain one, they
think, and the result is almost certain to
depend upon public sentiment or the So
called "unwritten" law.
'It is hard to conceive of any other de-
Tense being made" member of the bar
of Culpeper county stated. There has
never been any intimation given that the
Strother brothers feared their lives were
in danger, the only excuse being that the
former horseman and sport had committed
a grievous wrong against his cousin Miss
Viola Strother.
81 therefore reason that the case will
be settled according to the code of honor,
and 1 think it might just as well be tried
and disposed of at this time as later"