The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-02-21
Crowds Gather From
Countryside to
Court.
Killing of BywaterS
Not Denied by
Brothers.

CULPEPER, Va, Feb. 2l.-Despite
of the fears that there might be
another postponement, the trial of
Philip and James Strother. for kill
ing young William f. Bywaters, will
begin on Monday morning next. The
Strother brothers, however, will
not be tried by a jury Of Culpeper
county peers, but instead fifty
jurors will be summoned from the
county of Shenandoah.
Although the order of the presid-
ing judge does not so state, it is rec
ognized that this is done with the
view of obtaining an absolutely i'm
partial jury, not connected in any
way with the Bywaters and Stroth-
er factions, which, owing to the
prominence OF both families. are
bound TO exist in the county Of Gull
peper.
a foreign jury is said TO meet the
approval of both sides, the defense
holding 10 the belief that the un-
written law prevails as much IN one
section as another.
Case Is Called.
At 10 o'clock this morning Sheriff
Pulliam called to order the jostling
throng Of witnesses and spectators
packed within the narrow confines Of
Culpeper county court room and the
case Of the Commonwealth VS. James
A and Philip r. Stroller. indicted for
the murder of William (. BywateTs,
their brOther-in-laW on the night of
december 10 last was called
Judge Thomas W. Harrison. of Win
chester. appointed by Governor Swan
son on account Of the disqualification
or Circuit Judge GrimsIey. presided
Grouped around the Defendants who
seemed as cool and collected as :.pv
person in the room, We're John Jeffries.
or Norfolk, John Lee, of Lvncnburg.
and Walter Moore. of Fairfax. Ccm, M,
posing the brilliant array Of cou.gcI
who will defend the Strothe~s upon a
plea pS4,, OF the unwritten .aw.
Micajah Woods. of Mayor McCue case
lame, Of Charlottesville and Acting
Commonwealth Attorney John Keith. of
Wsrrenton, sat nearby as the represen-
latiNes OF the State. Both sides an
nounced themselves ready, the Common
wealth attorneys stating that while Mrs
byWdters, summoned for the State, was
stun FAR from well. she would appear in
Counsel for the defense stated II this
were tho case, they also were ready. as
Mrs. ByWaters testimony is regarded
by them as equally as favorable to their
clients. the brothers as to the State
The court, who evidently had had he
matter under Amusement then read
the following order:
Shenandoah Venire.
"This day came the attorney for the
Commonwealth and the defendants in
person. and, with the consent Of the
Commonwealth. the defendants elected
90 be tried Jointly. and both the Com
monwealth and the defendants an
nounced themselves ready, and on mo-
ton of the defendants and the Com
monwealth, IL appearing that a jury
cannot be conveniently obtained in this
county. il is ordered that a venfre be
issued. directed to the sheriff of this
county. to summon from Shenandoah
county fifty qualified jurors 10 appear
al this court at 10 o'clock on Monday,
February y, TO serve as jurors in the
trial OF this cause. By order Of Thomas
W. Harrison, presiding Judge"
Before adjournment OF court Sheriff
Pulliam was instructed 70 notify all wit
nesses TO report Monday at 10 O'Clock
Court was then adjourned to that time
The defense as yet has summoned no
witnesses. It is believed that they will
summon none and will make out their
case from the testimony Of the Com
monwealth's witnesses. as the Common
wealth has summoned all eyewitnesspz z
TO the tragedy.
IL is by these same eyewitnesses that
James and Philip Strother expect to
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