Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-03

Tense, and II was the purpose OF the state
to show that he was going to marry MISS
Viola Strother as soon as his financial con-
ditfon permitted.
Revealed His Intentions.
He loved her; was devoted to her." de-
clared Capt. Woods, land his marriage to
her was only q question Of finances. We
want to show that Bywaters went home af-
ter the license had been issued and told
| his married sister he was going to marry
Miss Strother that evening; that he got g
diamond ring from his sister, telling her he
wanted to give 1t to his prospective wife.
He told his sister Of the financial oner OF
| the Strother boys; that he was to go into
business in town where he would be near
his mother SO that he would be able to
comfort and solace her.
"Bywaters told his sister of his tnten-
lions, and said he would return and tell
his mother of his marriage, as she was
nervous and high-strung and had not an
ticipated his marriage.
I'VE also propose to PROVE" stated Capt.
Woods, that while Bywaters was on q
trip with Miss Strother- last summer he
met a friend on the road and that By
waters told the friend that the next time me
he met them he would have to call his
companion Mrs. Bywaters.
In view of the testimony that was Of
fered by the defense, counsel argued, the
commended on the part Of the defense, he
said, that Bywaters did not act In good
faith and that he intended to desert his
bride, anu he thought it was the duty OF
the commonwealth to show contrary COIL
ditiOn of affairs
1--WE want to show that that very day
Bywaters was about town, saw triends'
told them of his intentions and that he
made no preparations to leave but that he
told them after the license was issued of
what he had DONE The evidence on the
other side was intended to show that he
acted in bad faith, and we want to show
xl.% h. 81 to
1T is our intention to show that By
waters did nor said nothing to give an
idea of bad faith. He was in an tmpecu-
NOUS condition. He advised with his father
a bout his prospective marriage, and was
told that was the best thing he could do.
Court Asks for Authorities.
Capt. Woods concluded by saying ne
would be able to cite authorities in sup.
port of his contention.
I'D like to see the authorities" the court
said.
Then again." said Capt. Woods, the
defense introduced evidence as to his con-
duct and declarations to indicate his IN
tentions, and l think it is the duty OF the
commonwealth to show that he did not do
or say anything to indicate such pur-
pose"
"Bywaters' declarations which were not
communicated, to the defendants, SAID
Mr.. Moore, lis no part Of this case. 1t Is
to the defendants and certainly there can
be no claim that they were dying deciara-
TONS
Capt Woods thought he would have a
right to prove independent circumstances
What difference does it seem to make
whether Bywaters intended to desert his
wife or not asked the court
1T seems very essential to the common
| wealth." stated Capt. Woods. 1T is just
contrary to what has been testified to in
this case and it will go to show they are
mistaken"
Suppose he did not intend to desert her."
said the court, would you admit that that
justified the killing? You say no. Then If
he did not intend to desert her what diff
ference would that maker
The court said that the question at is
sue Is what were the appearances to the
defendants at the time the act was COM
mitted. In this connection the court said
that testimony as to appearances to the
defendants was admissible as tending to
show whether or not the defendants had
prOvocation.
Desired to Meet Argument.
Capt. Woods repeated that counsel for
the accused would dwell upon the bad faith
of Bywaters and he saw no way the COM
monwealth could combat the argument
without getting testimony before the jury
upon which to predicate the argument.
Counsel laid stress upon the fact that the
upon the question of the bad faith of By
waters.
I'VE will be unable to answer that ar
gument," said Capt Woods, land So where
do we stand?"
Capt. Woods seems more greatly dis
turbed about where he stands, remarked
Mr.. Moore, than he does about the rules
of evidence"
What transpired in Washington" Judge
Harrison explained was admitted only be-
cause 1t had been communicated to the
defendants. 1t is for the jury to say If
| what transpired in the presence of the de-
| PENDANTS had effect upon them"
The court ruled that evidence as to By
waters declarations to persons other than
the defendants could not be offered, sus-
tanning the objection made by the defense
OF the witness Payne. the judge said he
would admit 1t subject to further objec-
ton. Should he decide against its admis-
| sion he will instruct the jury to disregard
1t.
The witness Payne was then permitted
to repeat his testimony before the jury.
Court Again Rules.
F. s. Ramsburg testified that he was a.
passenger on a Southern railway train
December IL, and that he met the defend.
| ant. Philip strother.
PLEASE state, If you know, what his con-
dition was upon that occasion"
Il object" said Attorney Lee.
Commonwealth Attorney Keith said he
wanted to show by the witness that Philip
Strother had been drinking that day, his
object being to contradict what Philip
Strother had said upon that question
Your honor will remember" said Mr.
Keith, that Philip Strother said he had
| not drank anything since August"
THE testimony Is not admissible" the
court said. because 1t Is intended to con-
tradict some immaterial testimony"
Counsel afterward withdrew their objec-
ton and witness said he detected the odor
of whisky on the breath of Philip Strother
and also said he told witness he had been
drinking. Strother. witness stated, asked
him If he knew DR.. Strother, and asked
! him for Gods sake not to tell the DOCTOR
that he had taken the Kelley cure and Nc
did not want the doctor to know he was
drinking again. The young man. he stated
told him he had been in Washington on
some legal business; that things had not
just suited him and he drank to drown his
feelings Witness proceeded to deliver him
temperance lecture. and on the way to
Culpeper. he said there were two young
men behind him who had pistols. They
left the train at Remington.