Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-25

could see no reason for believing that the
commonwealth will endeavor to make any
such showing, as to do 1t the chief witness
for the state would have to be impeached.
Mrs. Bywaters has already made state
ment of the affair. and her friends are per-
fectly satisfied that she told the whole
truth. 1t is certain that she wants her
brothers released, and she is not likely to
do anything against them unless the state
ment she has already made is considered
damaging, and no one believes for an In
slant that what she stated to the cor0ners
jury Will be detrimental to them. Mrs. By
waters, 1t Is stated, is still quite i'll, but 1t
is believed she will be able to walk with a
little assistance.
Physician to Accompany Her.
DR.. Chelf, her attending physician. will
accompany her into court, and he has pre-
pared for an emergency in the event Of her
collapse. In connection with the condition
OF Mrs. Bywaters many queries are being
propounded as to the probable outcome Of
the case Of DR.. Edward Leon Thompson
or DIR. Leon, as he Is more familiarly
known, the physician in Washington who
was arrested and charged with having per-
formed an operation upon Mrs. Bywaters.
Mrs. Bywaters has not been questioned
about what she intends to do in the mat
ter During the investigation by the cor
oner's jury she stated that her condition
was Que to operations that had been per-
folmed upon her by DR.. Leon, and it was
the physician was placed under arrest.
detective Ccrnwell came here FOR the
purpose of getting her to go to Washing
ton and give testimony against the physi-
cian but was not able to see her. She mas
not been questioned recently about gong
to Was hington, and nothing definite uron
TINS matter can be stated at this time. 1t
is expected that an officer will come here
from Washington one day this week and
enGeavcr t. ascertain Mrs. Bywatars' pr
pose In the matter of prosecuting the pnysi-
cian who Is under arrest there.
Residents of the town and county ara ex-
pressing Indignation over the sending oat
Of sensational reports from here about the
possibility of a feud being caused in the
county by the termination of the murder
trial. Some of those who discussed the
matter last night stated that the identity
of the author Of the story nigh. cause
a fedd With would be of short duration.
Rut, he said, lit seems the height Of
nonsense to say that trouble on the order
of some of the Kentucky feuds will arise"
Counsel in the case took a day off yes
terday and not much preparatory work
was done. The attorneys on both sides had
worked hard to prepare their respective
cases and there was scarcely anything that
could be done yesterday. Commonwealth
attorney j.. A. c. Keith of Fauquier, lead
ing counsel for the commonwealth and
Capt. Mica ah Woods, his assistant have
had all the witnesses on their side sum-
moned, and all that remained for them to
DO was to wait until the court selected a
jury.
Appeal to Unwritten Law.
Former State Senator John L. Jeffres,
leading counsel for James and Philip
Strother, and John l.. Lee of Lynchburg
and r. Walton Moore of Fairfax, his as
sociates, were likewise fully equipped and
ready to meet any showing the common
wealth might make. They will naturally re-
sort to the ''unwritten law or a plea of
justification, and the witnesses they will
put upon the stand will depend entirely
upon the showing that is made by the prose-
cution. When Mrs. Bywaters shall have
made her statement they may conclude that
no further defense is necessary, although
1t is highly probable that Mrs. f. L. Gaines,
sister of the defendants, will be put upon
the witness stand, as she will be able to
tell everything that took place from the
time Bywaters reached the house until his
dead body was removed from the roof of
the porch.
Thursday, interest has centered in the eff
forts of the court to get jury from the
list of qualified voters of Shenandoah
county. The talesmen. fifty in number,
noon, but it was not until shortly after
midnight, that they arrived coming with
Deputy Sheriff Bowersett.
The venire was secured without much
difficulty, Sheriff Spikes of Shenan-
doah county, selecting the names of Asa
A. Sheetz, e. NJ. Bushong, T. r. Windle,
E. c. Jenkel, J. E.. Bushong, NJ. A. Price,
S. c. Henkel Daniel Lichliter, Frank Hook
man, ]. F. Hoffman, w. c. Lantz, James
r. Baker. G. H. Haun, Josiah Wisman. Jas.
o. Bott, Charles o. Keller. A. A. Stckley,
w. Frank Bowman S. NJ. Baker, c. M.
Chiles, P. N. Jarrett. J. c. Townes, John
w. Copp. w. H. Fleming, w. w. Bird,
J. I. Goffan. William Hickman, Fletcher
Bowman, John Splitter, John D. Golladay,
E. ]. Bowman, r. T. Newland, William
Ruby. David Shutters, George A. Guard,
Tho, p1Inn II A
Kneisley, John H. Dollingter, John VOL
verton, J. Frank Hotel, Philip Kibler,
Frank Boyer H. P. Hovey, w. H. Borden,
Charles Bell. ]. P. Snarr, w. c. Wisman,
James Machir, B. F. Lemley.
The party came by way of Strasburg and
had long wait at Manassas. Accommoda-
tions had been provided for the talesmen at
the hotels in advance, and shortly after
reaching here they retired to their rooms.
They represent the influential and prosper
GUS men of the county. T. H. B.