The Washington times., 1907-02-28
Tells of Events Leading
Up to Killing of
BywatefS.
Declares He Fired Two
Shots at the Fleeing
Husband.
Gave Dead Man Every
Chance to Make Full
Reparation.

CULPEPER, Va. Feb 2S.-Counsel
'or the prosecution recalled Mrs. Nellie
Gaines 10 the stand when court con-
yened this morning at 10 O'Clock Mrs
Gaines was interrogated by Attorney
Wood. She came 70 court with Mrs.
W. L. Taylor and Mrs. James StrOther,
wife of one Of the defendants.
When you and your husband talked
with Mr.. Bywaters on that Saturday
and asked him who was 20
blame. did he not say all the blame
ested on his shoulders?"
7 don't remember. / told you all I
new in my testimony yesterday"
Didn't Mr. Bywaters give your sister
a diamond ring?"
She is wearing one"
Captain Wood could elicit nothing
from Mrs. Gaines and she was excused.
James StIother on Stand
Defendant James strother was then
called.
As he took the stand every one began
TO stir and after some moments settled
down to hear the story Of the shooting.
Witness said he was thirty-seven
years old. a lawyer and member OF the
West Virginia State Legislature. lie
has a wife and two children His resi-
ience is in Welch. w Va Asked II he
received any communication from his
brother Phil, he read the following let
ter:
MY Dear Brother: Please come home
az once. IL IS very necessary that you
,oms here Immediately Don't be
alarmed by this. but colae at once
.
What train you are coming. Your Se
voted brother. PHI
Viola Wrote for Money.
james said upon his arrival here
Phil told him of having seen Bywaters
eaving Vfola's room. Witness said he
ook the matter mp with Viola. but she
5wore that everything was right and
proper. This was on November a
Defendant said he told his sister he
Intended talking 10 Bywaters. and
lsked why he was in the room, but she
)eGed him not 20 do It.
Several days later James and Pnnip
net Bywdters on the road. but did not
mention their suspicious. James said
he advised his relatives TO keep silent
Jut watch Tor Developments. He re-
urned to WelCh. Later he received n
ettcr from Viola asking for S25. saving
she wanted 20 go 20 Washington and
!sit a school friend
On December u James received the
.olloWlng telegram;
Come TO Culpeper Immediately V-frs
yhcu to meet YOU "
He met French Strother and the two
anne TO CUlpeper and were Informed
hat Bessie StrOther had received a let
er from Viola saying she was sick in
Washington. Two days later Viola came
o Culpeper and went to Strotherwood
amcs talked with her about the fam
ly's suspicious and her visit 20 Or
Walters Office in Washington. She de-
lied having been there.
Viola Finally Confessed.
The next morning French and Nellie
alked with Viola but she denied every
hing. When pressed by all her broth
rs and sisters she sale II Bywaters
anne out he could explained all. James
ummoned Drs- StrOtheI and CheIf 20
brotherhood 20 attend Viola, who was
intensely. James said he NEXT
aw French in town and the latter told
I'm OF the confession of Viola and
3ywaters.
Going home James went to his sisters 8
oom and found her ia what he thought
vas dying condition.
She was crying and confessed to
ames. He remarked:
This Is a terrible thing" and left
ne room He then talked with Phil
nd Nellie about a wedding. Witness
old of assisting Nellie in destroying
VldenceS of the operation to keen
from the servants
French told me ne wanted the mar
iege 70 take place Immediately. That
SWEATERS had agreed to marry her.
Defendant said ne had a very dis
ressing interview with Viola on Satur-
lay morning
Begged Him to Spare Bywaters.
He went fully into the nature of the
elations to ascertain If Bywaters' in
entions We're honorable.
Il told her Bywaters cared no moro
or her than he did for a rag or a doe
ut was using her for his own selfish
uropses and ought 10 be killed" said
ames. q told her he ought to be killed
and ought to be killed" said
ut she begged that he be spared and
e made 10 marry her.
Witness told Of the ARRANGEMENTS for
he marriage, saying il was agreed that
he minister should be told that Viola
7as suffering from typhoid and the
wo had been engaged for a long time.
Phillip asked Bywaters." he said If
@ was willing TO keep his promise of
and he replied: Certainly
Ve came TO the court house to get the
cense. Bywaters halted at the door
nd asked for a postponement. Philip
aid to him: You don't have to marry
" sister. We simply ask If you want
D. He finally agreed to an immediate
nice.
Tried to Make Excuses.
There viii tried to make excuses
Or his presence in Viola's room. but I
DID him that in the light of what we
new 1 didn't care to talk about his
Continued on Ninth Page.