The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-05

Il
between opposing counsel. inc decisioit
was to the effect that Payne's testimony
relating to Phil Strother one OF tne
defendants, be stricken out but that an
evidence bearing upon James strotner
he allowed to remain on the RECORD OIL ite
court up TO the time that the defendaIis
met I3ywaters and they left to go to rile
courthouse for the marriage incense
Another important decision rendered by
Judge Harrison at the opening OF court,
winch WIS considered as all cid TO the
prosecution, was to the effect that lead /.
ing questions might be propounded 10
E. l.. Gaines a relative OF the deiehd-
ants, concerning all incidents that tran
spired in the room of Viola Bywaters
at the time Of the shooting.
Judge Grirnsley Testifies.
Judge Daniel a. Grimsley, Of tile Cir
cult Court of Culpeper county, was tne
hrst witness called. and traced the move
ments OF Bywatcrs by means of Il map
nrod,lced In court. Witness was then IN
terrogated regarding the conversations
that he had over the phone with j'tines
Strother after he had heard of the XIII
Ang, and he replied that 1t was praetl-
caliy about the same as that stated ny
The defendant in his statement whlie
upon the stand.
Ii
stain man, WAS next produced as a Wit
ness for the State. and she was questioned
as to the visit of Bywaters to MS iloifis
md the statement that he made To her
sconcernng the arrangement for the wed
ding BY her evidence MIR. kelfh ana
Ills associate, Captain Woods, INTENDED 10
show that Bywaters expected TO Keep
the marriage vows in good faith. and had
no desire to desert his wife. AT the out
Set, however Mr.. Moore, counsel for the
defense, raised an objection to the testt-
smony Of the witness, on the ground that
at was not in contradiction of state
stnents heretofore made. Judge Harri-
son sustained the objection, and Mrs.
Triplett was discharged.
~ Mr.. Keith. acting prosecuting attorney,
then informed the court that as the evil
dence of Mrs, Emma Hail. another wit
ness who was to have been called in
tebuttal. came under the ruling Of the
itourt. she would not be produced.
Gaines Not at Wedding.
Mr.. E. l.. Gaines, brother law ana
an eve witness of the murder at Rothef-
wood, was next asked to take the stan1
Ms witness for the Commonwealth.
Witness was questioned concerning his
relationship to the Strother family. IN
answer to the question propounded by Mr..
Keith witness said he was not present
III Tic NCuNiuc
.sWere you down stairs when Bywaters
went up in his wife's room before the
shooting?"
( II was sitting in the room, talking to
jim and Phil Strother."
Ibid you say anything to Bywaters
about the condition of Viola Bywaters? q
II did
what did he say?"
THAT he took the blame upon himself.
A,,uu nj n r,lo ~ n who went
upstairs first after Bywaters had been
summoned to the room witness said that
Phil Strother was the first to go up.
"Did you not say before the coroner's
jury that it was JIM"
'I might have done So
so you were mistaken then in your
statement?"
II might have been"
The witness was then questioned con-
corning his bringing Bywaters into the
room. and in reply to question he said
that he pushed him into the room.
We're you behind or III front of
hinl?" f
IT pushed him into the room.'
..Well, how did YOU turn him? Were
you behind or in front of him?"
IN reply witness stated that his MEM
DRY was faulty, and that he did not re-
member his position at the time that he
brought Bywaters back into the apartment
of his wife Asked ii the shooting begaI.
Immediately after Bywaters returned up
stairs, witness stated it did.
'Eywaters as soon as he got in the
room Jumped for the window and the
shooting began Immediately. and both
the Strother boys ran to the window
and began firing
Nervous and Excitable.
Mr.. Keith then referred to the tes-
Sf t,n .,-it
oner's jury concerning the position of
the window and in answer ITO n ques-
ton Mr. Gaires replied that he
etated before the coroner that the
window was down, but that the blinds
were oren. but that he was excitubic
and nervous and might have been mis-
taken.
Did Won have any conversation with
Bvwaters downstairs before the shoot
inE?"
Il did, and told him that he had
Violated all obligations OF an Odd Eel
low and a gentleman"
Were YOU drunk at any time on
the day Of December l5th?"
NO str;,a had nothing whatever 10
drink. nor did l attempt to buy any
intoxicating liquors."
MIR. Keith then asked the witness IT
he made any effort to purchase q pis-
toi on the day of the shooting, but
the question was objected to because
would bring out evidence not in
rebuttal.
The objection waa sustained. but the
witness had already replied that he
did, The witness was then turned over
to the attorneys for the defense and
was subjected to a brief cross-eXamina-
ton by Mr.. Jeffries. senior counsel 70,
the Strother boys.
you stated that you testified be.
fore the coroner's Jury that the win,
COW in viola's room was down at the
ss1ne o. the shooting; explain why yot
Nought So"
III was in the room some minutes