The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-22
MRS. BY'NA|TERs
WILL TESTIFY.
Counsel for Her Brothers
Certify She Will Be
on Hand.
UNWRITTEN LAW
THEIR DEFENSE
Lawyers for Strothcrs Brothers
May Rely on Commonwealth's
Witnesses to Save Their
Clients From Prison
or the Gal
lows.
lspecial 10 The Times Dispatch.

CULPEPER, VA, February 2l--
All roads in this and from other sur
rounding counties seem to lead to this
4. city to-day, for there was n great out
pouring OF people brought hlther be-
cause Of 9th interest and curiosity in
the famous murder trial OF James Il.
and Philip j. Strother, for tho murder
OF William r. Bywatcrs, tho noted
horseman and rider to hounds. On
horseback. on foot, and IN vehicles,
the swarms Of excited humanity
poured In. and would as soon as they
uighted, divide off into various groups,
all discussing the merits OF the great
/ tragedy and Just as &c It had taken
place yesterday.
AT the ringing of the court bell the
doors OF the spacious courthouse were
thrown open, and the crowd surged
In forthwith, filling every nook and
corner bf tho large court-room. The
case was called amid the suppressed ex-
citcment of the partisnns OF both sides.
and after a great deal OF sparring be-
tween counsel, 1t was finally agreed
that tho clerk should read the indct-
ment In the arrnignncnt of the pris-
oners. Then both sides agreed to con-
tlnue the case until next Monday, the
Goth Instant when venire Of nfty
citizens from the county OF Shenandoah
Will be on hand. from which panel a
trial jury Will he selected.
The county sheriff left to-day for
Shenandoah county. and lie win. with
the aid of the sheriff of that county,
summon the venlrc.
Mrs. Bywaters to Attend.
Counsel for the defense stated In open
court this morning, In reply to ques-
ton from the prosecution az to the pos-
III
yiola Stioti,ers Bywaters, not being prcs-
cnt, tha, they would certify that she
would be In attendance at the time on
the .riai.5s Both prosecution ara defense
expressed themselves as being willing
and ready to proceed with the trial on
Monday. Everything was quiet and orr
dcry to-day.
Judge Thomas w. Harrison presided
to-day, and has been designated by the
Governor TO conduct the trial.
The "Unwritten Law"
The ''nnwritten" law will be the de-
fcnse. and the trial promises to be the
most sensational in Virginia since the
trial and conviction Of former Mayer
Nccue, Of Charlottesville, for the murder
OF his wife.
William Bywatcrs, tho victim. was
clubman, horseman, politician and general
good fellow" about town. one OF the
defendants, James Strother. is lawyer
OF WEIGH, w. Va, and Il member OF
the West Virginia Legislature. He was
at home on q visit at the time OF the
tragedy.
Micajah Woods OF Charlottesville, who
prosecuted the McCue case, has been re-
tanned by the Bywaters for the prosecu-
$tion, and is assisted by NJ. and John
Keith. OF NVarrenton.
John Jefries, Of Norfolk, as leading
counsel for the defense is assisted by
John l.. Lee, Of Lynchburg, and r. Wal
ter Moore, of Fairfax.
The session of the Circuit Court was
convened shortly after the arrival OF
Judge Harrison, and the case was for
mally taken up. James and Philip Stroth-
ei and many relatives were on hand
with their o.42sel. Commonwealth's
Attorney Keith thought 1t would be mex
podient to secure q jury from Culpeper.
and the court decided to have the Jurors
from Shenandoah county, fifty talesmen
being summoned.
1t is probable that the defendants will
be tried Jointly, they having expressed
such a wish. y
Defense Summoned No Witnesses
The defense as yet has summoned no
witnesses. 1t Is believed that they
sill summon none, and will make out
their case from the testimony of the
commemorative witnesses, as the
Commonwealth has summoned all eye
witnesses to the tragedy.
IT Is ny these same cycWitnesses
that James and Philip Strother expect
to prove that William Bywaters, whom
they had just forced to marry their
sister on account of wrongs done her
was attempting to desert her within
an hour; that while she lay upon n he'd
nff N Or I'M ,,,a ot,r,i ~
Grafton performed at Bywaters' In
stance In Washington. he jerked away
from the arms OF his wife, encircling
MS neck. made for nn open window,
ana, as he jumped upon Il roof. was
iilled with bullets by James and Philip
strother, the wfe's brothers
Would Not Live With Her.
II VIII be shown here that Bywatcrs
EWore after marriage he would not live
with Viola Strothers Bywatcrs as man
and wife, and was informed that he
must so liYe#or take the conseuuences.
This is the isane before the jury next
MONDAY when one of the most sensa-
tional and hard fought trials in tho
history OF Virginia will begin. lmdica-
Wye OF the interest IN the case, crowds
have thronged the streets All dny II
is apparent that the courtroom. which
Is small and somewhat id-fashioned,
Will mot be adequate for the crowds
Thc witnesses themselves, over thirty
In number, are sufficient to half nll5if.
The following witnesses were sum
moncd by the Commonwealth to day;
DR. y. II. Lewis, the Rtv. Josiah Ware,
John S. Lennon, i. B.. Crump, ID. a.
Grmsley. j. a. I3owersett. Millin Gibbs
alias Alillie' Coleman; Mrs, Margaret
Wise, K, H. Rywnters, II. L.8Johnson'
H. j. Bggborn. a, ~. Pulllam, Mrs,
III. Pearman, Mrs. Bessie Trlpplett,
Lynn Wood Taylor, u. III. Judd, Fannie
Lowell, George Mnrshall, William
Robertson, Jr., Claude Roysten, i,
Thomas, Miss BETTE Sisson, Miss I'm.
d fitlIi1