Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-25
RELEASE OF DEFENDANTS
Eleven Substantial Citizens Qualify as
Sureties.
JDGE AIKEN TO WITHDRAW
Date of Trial Set for February al
Both Sides Anxious for
Hearing.

Special Dispatch to The Star.
CULPEPER, Va, January 25.-Soon after
the grand jury rendered it's findings yester-
day afternoon in the carbohydrates
case. the defendants, James A. and Philip
j. Strother, were arraigned before Judge
Aiken and pleaded not guilty.
AS there had been some comment and
criticism as to the suff1ciency of the bail
bond on which the accused were held in the
first instance. steps were promptly taken to
present ample sureties for the appearance
of the Strother brothers for trial after the
finding of the grand jurors.
Consequently eleven of the most substan-
tial citizens of this locality were produced
as bondsmen 1t was noted that while the
amount of bond demanded was 5000 each
for the brothers. the present bondsmen rep
resent an aggregate of s3,OOOOO0 of wealth,
1t Is said.
The names of the citizens who were ac-
cepted as sureties are Messrs. Charles
Forbes, who is member of the grand jury
that indicted the defendants: Oliver DuranI
l.. d. Winston, l.. P. Nelson, jr, w. H.
Fray. W. r. Robertson, E. F. Perry, w. j.
Strother. John C. Bell, F. w. Thompson
and Raleigh 7. Green.
Judge Aiken to Withdraw.
After the accused had been arraigned yes
terday afternoon Judge Aiken left the
bench. and there was a delay of about one
hour. There was a buzz of comment in
the court room as the people discussed the
judges absence and wondered what 1t
meant. The Judge finally came back into
the court ROOM and while he did not make
any public announcement from the bench,
1t was known that he had held an earnest
private conference with the counsel for
both the defense and the prosecution. To
them he announced his intention to with
he had been designated to come here and
sit in the carbohydrates case by Judge
GrimSley, who is an uncle of the brothers
accused of killing Bywaters.
Aiken that under the circumstances it
would be manifestly improper for him to
hear the case, not having been commits
stoned to do so by the governor.
Counsel for the prosecution stated in open
court that they were ready and anxious for
an early trial
To this counsel for the defense announced
that they were ready for an immediate
trial. and suggested that February p be set
as the date for the beginning of the .hear-
ing. The prosecution agreed to this and
the date was so set.
Condition Of Mrs. Bywaters.
DR.. Chelf the physician who is attending
Mrs Bywaters, stated that it. was probable
her condition would be such by that time
as to permit her to be present at the trial
the most important witness.
The trial has been regularly set for Feb
ruary 81, and Judge Grinsley being an in
terested party, has certified that fact to-
Gov swanson. and requested him to desig-
nate some Judge. to come here and preside
at the trial.
Contrary to expectation, the whole affair
passed off quietly and without the least
show of excitement.
The people quietly discussing the in
teresting phases of the matter including
the defamation of Judge Aiken to serve and
the fact that one of the grand jurymen
who indicted the Strother brothers for the
killing of their brother-in-law, VIII BY
waters, became one of their bondsmen The
people are also wondering what judge will
be assigned to the case. which promises
to become one of the most famous in the
criminal annals of Virginia, it is said.