The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-26
UNWRITTEN LAW is
STROTHERS' PLEA
coNTINuED FRoM LES PAoE.


CONTINUED FROM FIRST PACE.
the examination of the talesmen began.
In rapid succession twenty-four OF the
special panel for Shenandoah County
were questioned by the court as TO their
relationship with the principals in the
case, their opinions If any, their attitude
toward capital punishment, and their
willingness to act upon the evidence. No
question as TO the unwritten law was
propounded. which was taken as proof by
many that the court takes It for granted
that all Virginians respect this code.
Eight men were excused, some for sick
ness, others for business reasons, and
stin others because Of too well settled
opinions as 70 the merits of the case
The sixteen admitted after an hour and
quarter, a record panel for Virginia.
were allowed to think 1t over for adiE
an hour while the defendants counsel de-
liberated upon the choice of the four men
to be discarded in accordance with the
law of the Commonwealth.
Makeup of the Jury.
The elimination process left the follow
ing twelve men to be sworn in for duty:
Asa Sheetz Of Woodstock; E. NJ.
Bushong, of Woodstock; NJ. A. Price. OF
New Market; Daniel Lichliter. of Wood
stock W. c. Lantz. Of Mount Jackson;
Josiah Wisman, Of Woodstock; James o.
Bott, of Toms Brook: Charles o. Keller.
Of Mount Olive; ?, n. Jerrett, OF Stras-
burg; J. c. Townes, of Mount Olive; W.
E. Fleming, Of Mauretown, and ". w.
Bird. Of Mount Jackson.
They are twelve fine types of well-to-do
Virginia country gentlemen. and both
prosecution and defense expressed them
selves as satisfied with their appearance.
After the jury had been sworn, Deputy
Clerk of the Court W, /. Giikeson read
the three counts of the Indictment The
defendants stood and faced the jury while
the clerk ratified through the long type
written pages of legal veTbiage. Phillip
! the younger of the two brothers, appeared
/ serious. but unconcerned, James ap-
/ peared not only unconcerned, but smiled
at some Of the phraseology Of the indict-
ment B. r Bywaters, father of the dead
man. sat staring with cold, blue eyes az
/ the slayeTs of his boy. His face was q
mask, and none could read the thought
that lay behind it.
/ Following the reading of the indict
! ment recess was taken for dinner.
Keith Opens for Prosecution.
! Immediately after the noon recess Com.
monweaith's Attorney Keith began th'
/ opening statement Of the prosecution. The
/ tanned. weather-beaten faces of tbs
roughly clad, kindly men that iammed th'
/ little courtroom grew serious and thought
1 full The judge looked downward witt
IhaIf-closed eyes; the jurymen fastened
their eyes on the prosecutor and listened
Iabsorbedly to his brief. concise statement
of what the State hopes TO prove, Jane:
Strother leaned forward 10 catch every
word that feI from the young Common
wealth attorneys lips; Phillip, th'
chair tipped back against the railing Of
( the prisoners box. glancing only occasion
4 ally in the direction of the prosecutor.
Explains His Presence.
Mr.. Keith began by explaining his pres
ence in such a capacity through the fac
that the Commonwealth attorney o
/ CuIpeper County was unable TO take th'
case. being related to the Strother family
/ Continuing Mr.. Keith said, in part:
William r. Bywaters was born in this
county. raised in this county, and known
10 every one in this county. While living
here ne became acquainted with Mis-
Viola Strother. sister of the defendants
HAcquaintanceship ripeped into intimacy
and that relation resulted in a condition
of affairs that every man regrets TO see
Out of that condition came this difficulty
The brothers first suspected and then fel
convinced of something wrong IN the re
lati5ns between VIII Bywaters and thei
sister The brothers brought the cOupl
( face 10 face and charged them with i'm
/ proper relations. These charges wer
/ vigorously denied for some time. bu
finally the young couple admitted TN
/ truth of the brothers suspicious.
Was AmicabIy Adjusted.
eve viii show that it was amicabl,
arranged that they should be married
and thar it was agreed that the wedding
| should take place some time in January
! This was in November. The weddinl
was TO be held under the customary con
ditions in order that no suspicious shouI'
/ be aroused. But suddenly, on Decembe
Is, while Bywaters is in Culpeper. engaged
/ in his everyday duties, one of the broth
| ers came 10 him and ordered him 10 g
/ to the courthouse, where a marriage il
! cense was secured, and Bywaters wa
I taken, that very afternoon. TO the Stroth
er home, where Viola was lying Ill. an'
willingly consented to marrying her thel
/ and there. Rev. J. ". Ware was sen
/ for and told that the couple had been en-
! gagged for some time and that an imme
| date wedding was wanted. as Miss FiOl,
was III, and wanted to be married in cas-
/ her Illness proved fatal.
Minister Not Suspicious.
The suspicious of the minister we're no
/ aroused, and he willingly performed tn
/ ceremony. Miss Strother was in bed
/ The minister returned TO town, leaving
! a peaceful scene behind him. We hav
witness who can testify that shortl.
after the ceremony she called up BY
waters on the telephone and asked hin
/ if it was true that he had married. Yes,
he replied, I have just married the sweet
/ est woman in the world
"The next that is known is that mes
/ sages came over the telephone wire
/ from the Strother residence saying tina
/ Bywaters had been killed. People wen
/ there and found him lying on the roo
/ Of the little porch, dying-dead, in fact
/ before many had reached the scene. Their
gIuazz----.--a=----1