The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-28
UNWR|TTEN LAW IS
. STROTHERS' DEFENSE
Their Sister, Mrs. BywaterS, Is
First Witness
WHEELED IN INVALID CHAIR
Young Widow Tells of Operations and
Treatment BY Her Husband,
Whom Her Brothers
Killed.
WHEELED IN INVALID CHAIR

Culpepper, Va. February 27-Whether
James and Philip Strother, indicted for
the murder of VIM. F. Bywaters, their
brother-in-law, on the night of December
Is last, can clearly show justification I'M
der the "unwrtten law" now hinges on
the strength of the testimony introduced
by the witnesses in their defense, begun
with the opening of circuit court here
| today. With the closing of the states
case yesterday afternoon the defense an
nounced that Mrs. Viola Bywaters, the
bride of an hour, in the protection of
whose honor the two brothers declare
they killed Bywaters. would be their
| opening witness today.
Aside from the Strother brothers the
interest in the trial has conferred largely
in Mrs. Bywaters presence the wit
ness stand. Her continued illness has
centuated this interest to such an ex-
! tent that Judge Harrison was compelled
to enforce the arbitrary rule of denying
admission to the court to any except
those directly connected with the pro-
ceedings of the trial today. Instead of
| the limited space of the courtroom being
| occupied by friends Of the Strother and
| Bywaters families, as has been the case
up to today, when Judge Harrison an
| nounced the court in session, only the
court officers, the opposing counsel and
newspaper representatives were present.
Mrs. Bywaters on Stand.
Mrs. Bywaters was the first witness on
the stand today
The young woman was wheeled into
the courtroom by her sister, Mrs Ed
ward l.. Gaines. AS the sick woman
passed her brothers, James and Philip
Strother, seated within the enclosure and
surrounded by their three attorneys, She
smiled pathetieally at them, and they in
turn gave back a smile of encourage
ment.
1t was evident as the witness began
| her story that the reports circulated re-
| garding her severe illness have in no way
| been exaggerated. Her face was almost
| deathly in it's pallor and her voice trem-
! bled. After some hesitancy, Mrs. By
| waters under the deferential questioning
| of Attorney Lee, slowly related her
story.
She testified that she 90 years Of
| age and that she had known Bywaters
| since she was a little child
| In reply TO a question, she said her
| improper relations with Bywaters began
about four months before her mothers
| death When asked how 1t was that she
happened to yield to him. she replied:
81 loved him and he said he loved me.
He told me he would then have a greater
| love for me, and I believed In him,
loved him and had confidence in him, and
| felt that he would marry me as he had
| promised to do"
Realized Her Condition.
| When she realized her condition, she
| nln 70 RxrN atarC ha oh
was mistaken. Later Bywaters suggested
| a criminal operation. She said she had no
| idea what such an operation meant and
she did not know anything else to do.
| Finally she consented and early in Octo-
| 1er she went to Washington. Bywaters
| did not accompany her, but went on a
! later train the same day. 1t was then too
! late to a doctor SO they went to a
! hotel, where they passed the night and
| the next day went to Lr. Icons office
! and she was operated on. The operation,
! she testified, was not successful, and two
weeks later, they returned to Washington
! and went to see another physician, a
| DR.. Walters. This one said he could not
| do anything for her and advised By
waters and herself to get married.
| At this point the witness was questioned
| regarding one of her brothers seeing BY
| waters coming from the direction of her
room at night She said that when cues
| toned about it she entered denial of
| their relations.
| Mrs Bywaters testified that Bywaters
! insisted on third visit to Washington
| and she finally consented to so.
1t was Thanksgiving Day and the
Washington doctor refused to work on
| the holiday. He finally performed an
| operation with instruments. The witness
said that although she was suffering eX-
/ cruciatlng pain, she had to walk from
! the hotel to the street car, no carriage
being provided. After the last operation.
| Bywaters took her to a restaurant on
! PENNSYLVANIA avenue about fifteen min
! utes walk from the doctors office She
! had nothing to eat there. but Bywaters
! left there about half an hour, While he
went to look after some mail.
George French Strother, brother of the
| defendant who is in the lumber bust
| ness at WEIGH w. Va. was the first wit
ness after recess. The brother testihed
that he came here in December with his
brother James, because of reports about
| his sister being away from home Wit
| ness said he reached here Thursday. two
| days before the shooting ana he went
! no morning