The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-28
mrs. BYNATERS'
P|T|FUL TAIL {
Of SUFF[R|NG
Recital of Agony Of Body
and Mind Powerful
Testimony.
COMES ToCOuRT
IN WHEEL CHAIR
Mrs. Gaines, Her Sister, Stands
by Her Throughout Terrible
Ordeal-Accused Young
Men Go on Stand
To-Day in Own
Defense.
ny WAITER Ep1xARp HAnR1s.

: /. / 4 If III II ( v
BY WALTER EDWARD HARRIS
cULPEPER. VA, February 27.-lrs.
Viola Bywnters told to the jury to-
day the story which counsel for the n
defense OF her brothers, James and
Philip strother, rely upon to acqnitS.
their clients OF crime In Staying vii
liam f. Bywaters, her husband of an
hour. For an hour and a half she de-8s
tailed the story Of her shame, OF her
efforts to conceal 1T. of her pleading
for the life of the man she had loved ssSS
too well. of the indignant wrath OF
dash which her bridegroom made to
escape from the room in which slss
was lying in the shadow OF death, tllS
result of efforts to destroy the cvi-N
dence OF his duplicity and her dis
honor
Her story ended before the shots
We're fired that laid dashinE Will By-
waters cold in death within a few
feet of his swooninE bride, or obliyion
came to Mrs. Bywaters when her hus-
band sprung from her bedside. drag
sinE her, whose arms were about him,
to her feet. while he rushed down t Ils
stairs. only to be forced back to meGS,
the deadly hail of bullets that felt u
upon him as he reached the porch
until the next day. she said. that her
mind cleared
Sad and Pitiful Story
Full Of Deep Meaning.
A sad story; a shameful story; b
5pitiful story; a story full OF details
UNIT for the printed page: yet al story
ter. "a great crowd gathered about
the closed doors of the scour rthousos
eager3to gain adrni ssion and aheaJ the
unfortunate woman recite the tale or
her wrongs and OF the TRACED they
produced; but Jud ge Harrison sternfy
ordered that only those connected with
the case in an official capacity and
members OF the two families be all
lowed to enter. e 5g
Those who listened were not inl-S
pressed by any feature OF the story So
much as the simplicity Of the tale Of
the downfall OF trusting woman, the
reckless pursuit of pleasure by a wtaaS
young man, the pit which he diggeds for
himself when he yielded to temptation
defendants, told his and their story athial
afternoon. It was a manly. straiEht4:
forward statement OF all tho ctrcltansS
stances leading up to that fatal nishts
/ of the 18th OF December. He madd AZ
perfect witness for the defense so far
as the story went although he did not
witness the shooting. SsS
The third and last witness OF the day
was Mrs. Helen Strother Gaines, sister
of the defendants, who described every
vital circumstances of the defense side
OF the case. save those connected with
the visits to Washington and tho crlnli-g 4
nal operations perform there. 3S'
It would be difficult to conceive OF G y
clearer headed witness than Mrs. Ga ines.
She knows that which she knows, and
she can tell it at a rate which is the
despair of stenographers.
Was Bywaters Really
Trying to Desert Herr
Although the prosecution has rested its 1
case and three of the most important
witnesses of tho defense have given thetr3
testimony, thus far there have been no ".
surprises, and little developed with which
the public was not familiar. The friends
OF Bywaters claim that it has not vet
been shown conclusively that he was try-l
ing to desert his wife when he was
killed by her brothers. That Is the solaS
question in the case. The judge will not
SO instruct the jury, but 1t is be-
lieved that is the one on which they will
decide whether James and Philip Strother
shall suffer punishment or go forth free
men. N jS9
1t seems to have been established
beyond reasonable doubt that the
Strother brothers believed Bywaters
was trying to desert his wife when
they killed him. 1t has not yet been
established with much clearness that
Bywatcrs was trying to leave the
house with tho Intention OF never re-
turning. 5si
1t is understood that the friends OF
Bywaters arc particularly lntcrested
in having demonstrated that tho mar
rlage was in good faith, and that
the effort to leave the house was nat
one to desert his wife.
That is said to explain their action
In employing Captain Moods to assist
tho prosecution. @8
The two defendants will go on the
stand to-day. Their story may go far
towards demonstrating beyond rea-
sonablo doubt that Bywaters was at-
tempting to desert his wife forever
when their bullet laid him low, AS
stated, there can be no doubt that they
believed this to be the case according
to the Testimony of every Witness at
all familiar with circumstances cons
nected with the shooting. W
Juror Bushong Taken 81
Sick During the Night,
Tho order OF the court yesterday af-5
ternoon. clearing the court-room Of
spectators for to-day, probably had The
effect Of reducing the crowd when court
opened q few minutes before 10 o'clock
| this morning, the number OF spectators
1 being less than half as great az on
| former days OF the trial, The jury came
| in nj 9.3o, but fer minutes later Ders
putty Sheriff Bowersett announced that