Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-26
VIOLA BYWATERS
FOR THE DEFENSE
Will Testify Tomorrow in Behalf
of Strother Brothers
AT CULPEPER COURT HOUSE
Defendants on Trial for Killing Hus.
band of the Witness.
SUMMARY OF EVIDENCE HEARD
Counsel for Defendants Make Plea
for UNFOLDING Unwritten Law
Incidents of Hearing.
SUMMARY OF EVIDENCE HEARD

Mrs. Viola Bywaters, wife of VIII.
liam F. Bywaters, who was shot and
killed by Philip and James Strother
at Culpeper, Va, in December last,
will not be called as witness for the
commonwealth in the trial of her
brothers for causing the death of
Bywaters. She will be placed on the
stand for the defense tomorrow, and
Judge Harrison announced that the
court will be cleared OF spectators
while she is giving her testimony.
Special From STAFF Correspondent.
CULPEPER, Va, February 26.-Tha
announcement MADE yesterday that Mrs.
Viola Bywaters would go upon tho
witness stand today had the effect of In
creasing the attendance at the trial Of
Philip and James Strother for the murder
of their brother-in-law, William +. By.
waters. There was representative audience
in court this morning when Judge Harrison
announced that he was ready to proceed,
the crowd being composed largely of farm-
ers, mechanics, merchants and clerks. Early
in the morning it was rumored that the
commonwealth attorney and his assistant,
Capt. Micajah Woods, had reached the con.
clusion that they would not place Mrs.
Bywaters upon the stand for the common.
wealth, and the question was forced to an
issue by John l.. Lee of counsel for the
defense. He stated that counsel for tho
commonweal had been persistent in their
demands for her presence and as the case
for the state was nearing close he want
ed to know the disposition of counsel The
state announced it was ready to proceed
If Mrs. Bywaters could appear in court ana
counsel for the defense gave their assure
ance that she would be here.
Her condition. said Attorney Lee, rs
extremely critical, and she Is in a pitiabla
| condition, being sick in both mind and body.
The strain Is telling upon her. and it Is
really menace to her life. 1t is necessary
that her physical welfare should be looked
after, and if she is to be called We want
TO make arrangements to bring her here al
comfortably as possible.
Not Witness for State.
Commemorative Attorney Keith Franks
lin announced that he would not call Mrs.
Bywa ters as a witness for the state, saying
the commonwealth had not had an ops
portunity to examine Mrs. Bywaters as wits
nesses for the state are usually examined
and he would therefore not put her upon
the stand.
''They have had every opportunity to exc
anime her, that we have had" declared Mr..
Lee. I'VE have never seen Mrs Bywaters
except in the presence of a relative, Mrs.
Gaines. nor do intend to have inters
views under any other conditions
Mr. Keith explained that he had declined
to interview Mrs. Bywaters under the cir
cumstances, and said he would not place
the witness upon the stand without know
ing what she going to say.
'She was witness before the coroner'a
Inv Mr. ia examined
by associate counsel for the state
But l was not in the case at that time"
stated Mr.. Keith, land l have not heard
her make any statement
1t was agreed that Mrs. Bywaters should
be the first witness called tomorrow morn
ing as the state will probably close Its
case late this afternoon.
Judge Harrison announced that the court
room would be cleared during the time Mrs.
Bywaters is on the stand. only the persons
connected with the case and reporters be-
ing permitted to remain. The court also
directed that no persons under twenty-one
years of age are to be at any future ses-
sion of the court.
Issuance Of Marriage License.
w. f. Coons, clerk of the county court.
was the first witness called by the COM
monwealth this morning. He stated that
Saturday morning December 10, he saw
VIII F. Bywaters in the court house and
he also saw the Strother boys there. One
of the Strother boys said something about
getting out paper and ByWaters asked
him if he was joking.
Il heard Strother say: mean business
witness said.
They wanted to have a conference ana
l directed them to a room where they could
be to themselves"
Did you have any conversation with By.
waters after the conference"
Il did. He told me he was to be mar
ried about o'clock and that Miss Strother
was very sick. / told him ! would like
very much to witness the ceremony"
Minister Who Performed Ceremony.
Witness told of the issuance of the mar.
riage license. He was not cross-examined.
Rev. Josiah Ware, pastor Of st. Stephens
Episcopal Church. testified that Bywaters
called upon him Saturday, December IS.
and arranged for the marriage. He told
witness that Miss Strother was very Ill and
that he wanted to get married that after.
noon.
What time did you reach the house?'
about $50 O'clock"
When he reached the house, he said he
was told by one of the Strothers that his
sister was very nervous and asked him to
make the ceremony as short as possible.
He asked for the license and was told that
Bywaters had 1t upstairs. The license was
procured and witness proceeded with the
ceremony. Before he performed the cere.
mony he heard Bywaters ask the young
woman IL she felt better.
Did sou notice anything unusual about
there?"
Miss Strother was weeping during the
entire ceremony, and Bywaters seemed
very much composed"
Responded to Every Question.
Witness explained that the ring was
handed to him by a brother and he turned
It overeto Bywaters. Both Bywaters and
Miss Strother responded to every question
he asked. When he had finished the cere-
mony James Strother kissed and caressed
his sister and then turned and shook
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