The Washington times., 1907-03-03

Viola Strother and had no intention OF
deserving her. Payne was asked:
Were you on the road on December
15?"
Yes"
what time was it?''
About o'clock In the afternoon
do You remember seeing Bywaters?"
Try to Prove Him Sincere.
II do"
What did Bywaters do?''
"de hailed me at the corner near his
home and said
Attorney Moore objected TO the con-
versation.
Captain Woods said he wanted 10
show that Bywaters told Payne he in
tended getting married and live in Cul-
peper. The admissibility of the testi-
mony was argued for some time by op-
posing counsel.
Judge Harrison called upon the prose-
cution TO produce authorities to support
their contention.
Captain Woods said.
I'VE adduce this testimony to show
the good faith of Bywaters. These de-
PENDANTS have talked Of his bad faith
to eXculpate themselves for the homi-
eide. They have stated that their be-
lief of bad faith was one OF the prOVOca-
uons they had. We want TO show by
an independent circumstance that By
waters was not dealing in bad faith"
Claims Testimony Is Competent.
Counsel read authorities to prove his
statement that Paynes testimony was
competent and should go TO the jury.
"Isn't it a circumstance for us 20 prove
that Bywaters at the time he was killed
intended proving his fidelity, loyalty, and
love for his wife? His conduct, words,
and actions showed that he had no in
tention Of leaving her and il is i'm
pOrtant that we disprove the belief or
these defendants in order to break down
their defense of provocation. Bywaters
IS dead. We can't contradict them by
him. but l submit that we can prove
it by persons who observed his conduct
and heard his words
Captain Woods read from Mckenzie
on Evidence supporting his position.
Argument of Captain Woods.
'gf Bywaters had only been serious
ly hurt by these defendants, and at
their trial for assault they pleaded
serting. wouldn't he be allowed 10 say
on this stand that ne was acting in
good faith? wouldn't he be permitted
to tell your honor or a jury that he
pressed a diamond ring upon his wife's
finger, the most precious token OF love
and esteem he could give her; that he
talked with his mother and other rela-
tiyes about his wedding? And that he
had no idea Of leaving his new wife
But he is beneath the sod. and can't
come here. The only way we can
I--N''" here what he would say If he
were here Is by this and other wit
nesses. We have no other way OF
combating their plea of provocation
except by this testimony To break
down this powerful excuse. behind
which they have cntrenched them
selves"
Attorney Lee replied lie said Captain
Woods gave more thought TO the posi-
ton Of the prosecution than the rule
OF evidence which excluded the testi-
mony- He said the prosecution sought
TO show the mentar attitude Of BY
| waters. which was manifested out Of
the defendants presence. Mr.. Lees
remarks were brief and pointed.
Judge Gives His Opinion.
Captain Woods again insisted that
the evidence be allowed 70 go before
the jury
Judge Harrison i'm commenting on the
scope ne would allow the rebuttal tes-
timony OF the State said:
"Bywaters is not on trial here. This
is the commonwealth against the Stroth-
er Brothers Whatever Bywaters' sins
may have been he has answered for
them elsewhere. His conduct only Sc
| far as 1t operated upon the conduct OF
the Strothers can go 10 the jury tO
decide the mental attitude of these de-
PENDANTS. Any matter that may shed
light on their mental attitude is com
petent
] Nothing which was not communicated
or known 10 the defendants can be-
shown here
, 81 hardly think this testimony is ad-
missible I won't rule on this question
/ just now"
jury Brought Back.
The jury was brought IN. Pavne
stood aside and +. S. Ramsburg tool
/ the stand. He said ne lived in Culpeper
! Witness declared he saw Philip Strothel
on a Southern railroad train on Decem
I Der i.
! What was his condition as TO so
/ briety?" asked Mr.. Keith.
! I'VE object" said Messrs. Lee, JEFF
/ fries. and Moore. in chorus.
After argument in which Mr.. Keitl
said he wanted 10 contradict and at
tack the credibnity of Philip Strother
who said he had not taken drink since
/ last August. Judge Harrison ruled on
the testimony. He said II would be con
! tradicting the defendant on an imma
terial matter.
stand aside Mr.. Ramsburg. The
court ruled out the testimony and W,
can't get it in"
Defense Withdraws Objection.
Later the defense withdrew its OBJ
lection.
Ramsburg took the stand. He said:
"Ho asked me II I knew DR.. Strother
and I told him Yes he said. Fo
Gods sake don't tell him I've beer
drinking I took the Keely cure twice
| but / went 70 Washington on a littl
legal business and things didn't go jus
right I tried to drown my troubl,
out by drinking. 1 lectured him OF
drink Later I saw two young mel
have a pistol and / became uneasy be