Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-01

have home, free OF cost, and he
had paid nil bills for the house
hold. He wanted to keep the old
home, which had belonged to mis-
grandfather.
Witness then told of telephoning
for physicians and for the sheriff.
telling them to come Mt once, that
lie had shot and killed Bywaters.
Judge Grlmsley called up and they
had brief conversation. He told
Judge Grimsley that Bywaters was
dead. and the phone was then
hung up.
Witness said that Viola was the
baby of the family and the object
of his special care.
CAPTAIN Woods questioned Mr..
Strother for the State. Witness told
that he had 32.calibre pistol.
brought with him from WEIGH, w.
yn.
Witness said The nistols were re.
loaded after the shooting. excent
that ho could not find enough to
completely I'll his pistol. Asked
reason for reloadlng. witness said
that the sheriff appeared n little
uneasy ami thought there might be
some further trouble and they pho.
posed to he ready for what come.
Asked " he had been drinking
that afternoon. witness said he took
drink when he arrived in the
morning hit nothing after that
time. Phillip also was not drink
Ing.
Asked what he would have done
when HE asked BNwaters what he
intended to do II Bywainrs had re.
piled that he intended to go home.
witness ca,d re would have killed
him there and then.
Mr.. Keith asked what was the
object of carrying the pistol. ana
witness frankly replied that he car
r!ed IL for emergencies, and that II
Bywaters had refused to marry Viola
or had tried to desert her, It was
his intention and determination to
kill BNwaters. He had not thought
Rywaters wonld try to escape, or
that he would have to shoot
Witness denied that he had ever
threatened Bywaters,. but added
that Bywaters knew what was com.
ing II he refused to carry out his
promise or undertook to deser;
Viola. r.
1--WE were determined that BY
waters should not leave the house
that night" said the witness. "and
We were there to prevent his leav.
ing
"Had Bywaters not undertaken to
leaye,' said the Witness. there
would have been no trouble what
ever"
"Bywaters did not make any re-
ply when / asked him what he was
going to do. | told him We be-
Iced that he would try to leave the
house. Bywaters did not say a
word"
Then followed row among mem
bera OF the family going up the
steps and Bywaters trying to get
down the stems, and then jumping
through the window
Witness said he had no chance
to try to stop Bywaters as he ran
to the window. Bywaters moved
very rapidly. faster than witness
conld possibly move. He was out
Of the window before shot was
fred.
Sfiota In the Dark
Witness said Bywaters was located
on the roof more by sound than
nv sight, as he could only get a
faint outline OF what he thought
was Bvwaters, In n crouching po-
sition. Phillip was firing as witness
ran down the steps.
Replying to Mr.. Jeffrles. witness
said he took two small drinks about
half an hour after the shooting.
Tho Afternoon Session.
Dr.. w. j.. Strother, an uncle of the
Strother. brothers, told of being sum.
moned to attend Mrs. Bywaters,
whom he found suffering great pain,
tho result of q criminal operation.
Mad she not been given medical
attention at that moment" stated
DR.. Strother, ''she would have un-
donbtedly been dead within the next
DR.. strother said that he adviseS
an immediate marriage.
Judge Harrison adjourned the
trial at AIS p. m.