Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-27

vened the state called to the stand Mr.. r.
NJ Thompson, the undertaken who had
charge of the funeral of Bywaters. He told
the jury of having received call to go to
Rotherwood the night of December Is, and
said when he reached there he shook
hands with James Strother, one of the de-
PENDANTS. When he learned that he would
have to wait some time before he would
get the body he went to the yard, not car
ing to be about the house where SO many
people were. Witness said he went to the
roof of the porch with the coroner and
deputy sheriff and assisted in getting the
body and taking it to the wagon.
What did you observe as to the condition
of the room?" inquired Capt. Woods, the
counsel for the state.
Il noticed two beds In there, he an
swered. lone had q mattress and bedding
upon it and 1 think only the springs were
i upon the other"
Saw No Blood.
WAS there any blood on the foor?"
II didn't take notice."
did you see any blood on the roof of the
porch while you were there removing the
body?"
"If there was any blood there the I'M
dertaker responded, Il didn't see it. The
roof was painted and the night was very
dark, but if there was any blood there l
think there was not great deal"
Witness explained that he was at the
house because he had been called there as
a matter of business, and he paid no par
ticular attention to other things there he
recoilected having seen something on the
floor downstairs, probably bedding or a
robe, and later it was not there. His I'M
preston was that whatever 1t was he saw
was used for the purpose of wrapping Mrs:
Bywaters when she was taken away. Asked
about the condition of Mrs. Bywaters, wit
ness said he did not see her. He did see
somebody being assisted through the dark
to a carriage, and he took 1t for granted
| that that person was Mrs. Bywaters.
On cross-examination witness stated that
he had the freedom Of the house, as did
others who were there, and that nothing
was done to conceal anything, so far as he
was able to discover.
DR.. Cowie a Witness.
When DR.. c. 8. Cowie, the last witness for
the state, was sworn the dummy was
brought from its resting place in corner
of the court room and given conspicuous
place near the father Of Bywaters. The
coat that was worn by the victim of the
tragedy at the time he was shot was placed
upon the figure, and Capt. Woods took a
position near it, in order that he might
show the witness where the bullet hole
had been made in the left shoulder of the
garment.
This DONE Dr. Cowe was asked If he had
cloth to determine at what distance shot
fired through cloth would carry particles
of the fabric into the wound, stating the
distances at which the cloth had been from
the object into which the shots were hred.
Mr. Jeffries said he would like to know
the object of the testimony, saying he
failed to understand its materiality.
Capt. Woods said he would frankly state
bullet which entered Will Bywaters' head
| could not have been fired through the
shoulder of the coat and then into the Skull
carrying particles of the cloth Into the
wound, unless the garment had been held
close to his head. After he had stated
| his reasons Mr.. Jeffries said he would make
| no objection to the admission of the tesu-
mony. considering that 1t would nave no
bearing upon the case.
| Witness told the court and jury that he
made two experiments with a .22-caliber
| weapon. He placed the fabric three feet
from a board and fired, but no particles
! of the cloth were taken into the hole that
was made by the bullet. A second expert
! ment was made with the cloth eight
| inches from the board, and particles of
the clothing were carried with the puliet;
made these tests for my own satisfac-
| tion."
Mr. R. Walton Moore. one of counsel for
the defense inquired of witness the num-
her of times he experimental, and he
answered that he fired two shots.
| "And into board? queried counsel.
| YES" the witness responded.
In" "Ans through coat'
but not through Bywaters' coat?"
mo, SIR
The witness was asked by counsel for
| the commonwealth to state his opinion
upon the question of shots fired under GER
| tain conditions, but Judge Harrison said
, he thought the making of one expert
ment would not make the witness COM
petent to give such testimony, and the
physician was excused.
State Rests Case.
Commonwealth Attorney Keith made
| the announcement that the state would
| rest it's case, and the court adjourned
| until this morning. Judge Harrison stat
| ed last night that he was well satisfied
with the progress that had been made In
| the trial. 1t does not often happen. he
| stated. that jury is obtained in a muir
der case in so short a time, although he
| had known Of one case in which a jury
was obtained even more quickly than
was done in this case. That trial, he said,
was concluded in four days.
1t was stated last night that the prose-
cutors had decided not to call Mrs. By
waters as their witness. for the reason that
| IL she appeared In such capacity they would
be deprived of conducting the cross-exam-
| nation that they thought would bring out
facts essential to their side OF the case
Commonwealth Attorney Keith has never
been able to see Mrs. Bywaters and ques-
being present, and he thought the presence
Of witness for the defense might inter-
fere with his Investigation. Even the at
torneys for the defendants, as they stated
In court yesterday, have not seen Mrs. By
waters except in the presence OF Mrs.
Gaines, but with them, Of course. it was
an entirely different proposition. Mrs.
Gaines, they knew, would have to be called