The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-01

Where was Philip
He was standing at the window shoot /
ing out IN The darkness"
Did Philip get out the window?
He did not. ] could see him distinctly i
because Of the light in the room
What was Philip doing2"
Firing as fast as he could.
Did he shoot after Bywaters fell?'
He did not. There was no way Of
telling that Bywaters had been struck /
until he fell"
According to the defendant the only /
thing said in the room after Mrs Gaines I
entered was by Mrs. Gaines. After By /
waters had bOlted out of the room she /
said: Boys he's gone.
When defendant returned to the room /
Viola was screaming.
Nothing Could Have stopped killing. |
Mr.. strother." said Attorney Jeffries, |
'can you state II the window was open?"
1T was"
Tell the jury what your feeling and
your mental condition were when the !
shooting occurred?"
Il knew the conditions under which he
ruined my sister, and that was to me
the most horrible part of his conduct. /
knew the tortures he had forced her to /
undergo in Washington in these three |
operations. / knew the manner in which !
he had conducted himself toward her when
she was dylng-or we thought she was
dylng-at Rotherwood on Friday; that in
spite Of that she and he both had begged
20 be married, and we had thought il
was the best thing for all parties con-
cerned, and We had acquiesced. in good
faith. in that marriage and were doing
all We could to carry II out. He had /
promised. as one of the conditions Of that
marriage. that he would nurse her
through that sickness and take care Of
her afterward. and not mistreat her and
not desert her.
when he began TO talk about leaving
wondered and maryeled as 20 what
manner Of man he was that he could do
such a thing. When ne kept on insisting.
marveled still more. He had heaped |
Insult on insult and injury upon injury.
and infamy upon iufamy until. when he
deserted her, I was like a wild beast. ]
was frenzied-crazy- No power on earth. /
save physical impossibility, could have
kept me from killing him. l had TO mind
and no thought but for him, and ] was
bent on that one purpose alone. ] knew
nothing and under no possible conditions
His Affection for His sister.
Had you any ntimation, up 10 that
time, Of any troubie2"
Not the slightest until ne left the
room and ran down those steps
Strother then told Of the death of his
parents and Of the interest he took in the
family afterward, being the oldest son.
lie told Of how he loved and cherished his
baby sister" Viola and related how he
had provided for his two sisters as long
as they remained single
II looked upon the girls as I looked
upon my own children he said. And /
was particularly fond Of Viola because
she was the baby. I trusted her implicitly.
trusted her as much as ] would trust my
seventeen-year-0ld daughter
"Tn addition 70 providing a home for
my sisters. 1 had also paid their grocery
and drug bills and given them money for
expenses. I bought the farm after the
death Of nay parents because it had been
the home Of my grandfather and ] wanted
TO keep II in the family. But Il IS a
wrecked and ruined home to-day.
Following the shooting. witness said, ne
called his uncle, Dr. Strother. over the
phone and told him of what had hap
pened. he also telephoned for DR.. Chelt
the family physician. because he feared
Viola was In dying condition.
Did Not Want to Hurt Bywaters.
Mr.. strother." said Capt Wood. ON
cross-examination. what kind of a pistol
did YOU haye?"
Il had hve-shooter Smith q Wesson
hammerless s2-caliber revolver" was his
answer.
Where did you get it,
u brought il from WEIGH, ". Va"
What was the occasion for reloading
the weapon after the night Of the shoot
ing and before IL was turned over 10 the
sheriff."
Because we thought some trouble
might occur and it might be needed for
protection
Defendant had told Mr.. Evans that he
had shot and killed Bywaters because the
latter had deserted his sister
Were YOU drinking that evening""
Il was not drinking in the evening. but
] h5d one drink about noon while l was
in CUlpeper."
"What about Phillip"
I'm certain ne had not taken drink
AT the time you went in that room,
said Commonwealth Attorney Keith. did
you have the pistol IN your pocket?''
Il had had the pistol in my pocket
continuously from the time ] left West
Virginia"
When further questioned witness said
be had the weapon in his pocket for use
In case of emergencies. lie thought he
might have killed BywaJers had he re-
fused 20 marry Viola.
L.
the last thing 7 wanted to do; ! did not
think he was fool enough 90 leave
No Chance to stop Flight.
When he went upstairs. he said. he did
not expect there would be any trouble
and he did not think Rywaters was going
to q: hurt All idea of hurting Bywaters
was abandoned when the marriage had
been performed. Defendants intentions
had not been fully formed when he went
upstairs. as to what he would do in the
event that Bywaters attempted to run
away.
How did you put your hand on BY
waters when you went TO the room?'
Quietly, he responded: but I was a
little excited"
Defendant was questioned abo,t Mr.
Gaines bringing Bywaters back into the
room after he had started down stairs
Gaines. he said. is larger man than
Bywaters.
How did they come in?"
Il don't know; all was confusion"
WAS fl your purpose TO detain By
waters ut the house that night peace
ably If possible, and by force if neces-
sary?"
1T was
when he ran back into the room. why
did not you grab hm2'
81 had no opportunity 10 do SO. When
Bywaters came back with Gaines we were
congregated al the door and had to step