Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-28
ON THE STAND IN
HIS own BEHALF
Continued from First Page.)

out in the darkness"
did Philip get out the Window"
HE did not. could see him distinctly
because Of the light in the ROOM"
What was Philip doing?"
Firing as fast as he could"
Did he shoot after Bywaters fell?
HE did not. There was no way OF tell
ing that Bywaters had been struck until
he fell"
According to the defendant, the only
thing said in the room after Mrs: Gaines
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.
"can you state II the window was open?
1T was"
No Power Could Prevent.
Defendant said the most horrible part Of
the whole thing was the forcing of his Sis
ter to undergo the criminal operation.
Asked what his position was upon the
settlement Of the trouble, he said he took
it for granted that all the parties had acted
in good faith, although Bywaters had add
ed insult to injury.
IT had no mind, no thought and under
no conditions would have restrained my
self"
Defendant then told of the death Of his
parents and of the interest he took in the
family afterward being the Oldest son.
He 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.
when Bywaters deserted his wife," he
said, II was like a wild beast. I was fren-
zied, crazy, and no power on earth could
have prevented me from killing him."
Il looked upon the girls as looked upon
my own children he said. And 1 was
particularly fond of Viola because she was
the baby. 1 trusted her implicitly, trusted
haro 7 UO111d frI1cf
year-old daughter"
In addition to providing home for his
sisters, he had also paid their grocery
and drug bills and given them money for
expenses. He bought the farm after the
death of his parents because it had been
the home of his grandfather and he wanted
to keep it in the family.
But he added, lit is wrecked and
ruined home.'
Following the shooting, witness said, he
called his uncle, Dr. Strother. over the
phone and told him Of what had hap
pened. He also telephoned for DR.. Chelf,
the family physician. because he feared
Viola was in dying condition.
Questioned by Prosecution.
"Mr. Strother.' said Capt Woods on
did you have?"
II had fve-shooter Smith & Wesson
hammerless .32-caliber revolver was his
answer. ..--
Where did you get it?"
IT brought it from WEIGH, w. Va
What was the occasion for reloading the
weapon after the night of the shooting and
before 1t was turned over to the sherin?
Because we thought some trouble might
occur and it might be needed for protec-
tion."
Defendant had told Mr.. Evans that he had
shot and killed Bywaters because the latter
had deserted his sister.
Were you drinking that evening""
II was not drinking in the evening, but
Culpeper.'
What about Philip?''
I'm certain he had not taken a drink"
AT the time you went in that ROOM"
said Commonwealth Attorney Keith, did
you have the pistol in your pocket?"
II had had the pistol in my pocket contin-
uously from the time left West Virginia"
When further questioned witness said he
had the weapon in his pocket for use in
case of emergencies. He thought he might
have killed Bywaters had he refused to
marry Viola.
ITO hurt him. said the defendant was
the last thing I wanted to do; l did not
think he was fool enough to leave"
Expected No Trouble.
When he went upstairs, he said, he did
not expect there would be any trouble, ana
he did not think Bywaters was going to get
hurt. All idea of hurting Bywaters was
abandoned when the marriage had been per-
formed. 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 Bywaters
when you went to the room?"
Quietly he responded; but I was
little excited"
Gaines bringing Bywaters back into the
room after he had started down stairs.
Gaines, he said, is larger man than By
waters.
How did they come imp
81 don't know; all was confusion"
WAS it your purpose to detain Bywaters
at the house that night, peaceably if posi-
BILE. and by force if necessary"
1T was.
when he ran back into the room, why
did not you grab him?'
II had no opportunity to do so. When
Bywaters came back with Gaines we were
congregated at the door and had to step
aside to let them pass. When Bywaters
passed us he darted across the room and
went out the window"
Afternoon Session Yesterday.
At the afternoon session of the court, af-
ter Judge Harrison had first cleared the
room of persons who had no business there,
a number of those who had gathered about
the court house were admitted. Later, how
ever when Mrs. Gaines was called to the
stand the room was again cleared. When
the effort was made to rid the room of
spectators before Mrs. Bywaters was called
to the stand the spectators showed that they
did not care to go and it was not until some
of them had been threatened with arrest
that the room was actually cleared. So
anxious were some of the curious ones to
get a glimpse of Mrs. Bywaters that they
climbed to the air chamber between the
ceiling and the roof during the noon recess
and cut holes in the pressed steel ceiling.
Judge Harrisons attention was called to
the openings later In the day, but as the
identity of the guilty persons was not
known no action was taken. George French
Strother, who was on the witness stand
yesterday when The Stars report closed.
continued giving testimony. and he was fol-
lowed by his sister, Mrs Nellie Gaines
1t came out in the testimony that By
waters had put a diamond ring on the finger
Of his wife shortly after the marriage. hav-
ing said to French Strotner the day before
that he intended to give her the ring as an
evidence of his devotion and affection. This
incident was referred to by the prosecuting
counsel and it Is thought they will argue
that the giving Of the ring tended to show
Bywaters did not intend to desert his bride.
On the other side, however, it will be con-
tended, as stated by French Strother, that
it was only done for the purpose of saving
himself.