Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-26

noMe oy neagnoor. That WIS on Thurs
gay ana Bywaters went to the house the
next day. where he heard charges made
against him by her brothers and which she
promptly denied. as did Bywaters. Finally
when they were no longer able to conceal
their intimacy. they made the admissions.
That said the prosecutor. was the
first time the brothers had knowledge of
the intimacy which existed between their
sister and Bywaters. Then the matter was
talked over and 1t was agreed that the
marriage should take place in January and
az marriages usually take place. in church
and under conditions about which there
could be no suspicion
Counsel told how Bywaters returned to
town that night and OF his subsequent re-
turn to the Strothers home the following
day. He told OF the purchase Of the license.
and OF the engagement made with DR..
Ware. the Episcopal clergyman. to perform
the ceremony. The latter was told that
Miss Strother was desperately Ill with ty-
phoid fever and he never suspected any
thing else. performing the ceremony and
The Killing Of Bywaters.
Games and Philip Strother were present
at the marriage Of their sister," stated the
prosecutor. '"They kissed her and shook
hands with her husband. The next We know
Is that a message 10 sent over the wire tell
ing OF the killing Of Bywaters."
Counsel spoke of the investigation that
was made by the county officials and of
the dozen wounds in the body Of Bywaters
that were inflicted by the defendants. Just
before ths shooting occurred, he said, By
waters was called on the phone and con-
graduated upon his marriage. His response
was that he had married the sweetest wo-
man In the world and that presents were in
order. This statement. counsel argued, did
not make It appear that Bywaters was anx-
ious or that he had any intention Of de-
sorting his bride. The state would contend.
he said. that they were at peace after the
marriage was performed and that the shoot
ing did not result from an attempt on the
part OF BywaterS to leave the house. The
contention was made that the shots were
fred In the room. counsel pointing out the
location of bullet holes in support Of his
claim. He declared that Bywaters was
shot after he had been put out OF the
window. and concluded by saying he woult
expect verdict of guilty If he proved the
case to be as he had stated It.
For the Defenss. :.
Gentlemen Of the jury" stated counse
for the defense. you will see self FREEDOM
mating In that man Bywaters."
Mr.. Keith objected to the statement, say.
ing he was making an argument and that
he was not stating what he expected to
prove.
The. court ruled that Mr. Jeffries had
right to proceed upon the lines indicated
and told him to resume.
You see. gentlemen of the jury" stated
Mr.. Jeffries. that self predominated In
Bywaters all the way through; that he
was willing to permit the young woman
to undergo physical pain and agony rather
than marry her. and he was willing to risk
her life rather than do the straight and
honorable thing which was required OF
him. And I ask you. gentlemen OF the
Jury. as you go along. to observe his con.
duct in this respect from the start to the
| finish. Take this very first incident to
show his determination to do as he him.
self desired. rather than according to hel
interest"
Objection was again made by Mr.. Keith
that counsel was making an argument te
the jury, but the court ruled to the con.
trary. and Mr.. Je1ries resumed
| Il simply want to say he stated, THAI
the facts show he never intended to marry
MISS Viola Strother and that no power or
| argument at the point Of a pistol.
Gentlemen Of the jury" he continued
| you may take this very first incident
| when his sense Of manliness and right
tninking we're put to the test. and thus
| judge OF his character. She was his sociai
equal They were relatives, and the same
blood that coursed through his veins cours
ed through hers. Certainly her characte,
was as good as his. because it was UNI
tarnfshed except SO far as he had defiied n
ana there was no earthly reason you car
imagine why he should not have tried to
right the wrong he had DONE On the con-
| trary. he laughed at her and sought to
seek relief and protection by a crinnina1
operation. They went to Washington and
got there the evening of THANKSGIVING day-
The next day they went to the doctors and
t,o was s., agreed that the next day an opera
waters said he believed he would % r.
Mlddieburg on a trip.
Gentiemen.' stated Mr. Jeffries ..that
was heartless thing to do. That girl was
oowm mere terrified and alone. though no
operation had been performed but he was
Wiling TO leave her. will not refer to that
further. however. for 1t is nothing to what
you will presently hear. In the early part
OF she week they went to the doctors Office
ana the operation was performed. 1t was
unsuccessful, and the following Thursday
week she went back, and it will be shown
TO you that she got to that Office and said
to him. VIII, you will never marry me.
When this is over you are going to driff
away from me-
Viola Strother went to the Office door,
and evidence will show that she stopped,
burst into tears and said she would rather
die than go through another ordeal, but he
said 1t would soon be all right. The opera
ton was performed, and the evidence will
show that it was so excruciatingly painful
that her screams incensed the brute of a
doctor SO that he told her to shut her
mouth.
when the operation was concluded he
Carried UGT DdcN 10 the nOteI. Sne was SO
sick that she couldn't raise her head They
had registered under assumed names as
man and wife, and as sick as she was, suf-
fering pains and agonfes such as you can
not imagine-she will probably tell you her
pains will never cease-he told her he had
to go to Culpeper to get his horse and some
money, and he left her that very evening
without nurse. without doctor, without
anybody. and went back to Culpeper"
Mr.. Jeffries dwelt at length upon the suf-
fering which Miss Strother endured until
Saturday night. when she realized more
fully than before the result of the opera
ton to which she had submitted.
In Extreme Danger.
During the time the physician was
there" stated counsel, ''he told Bywaters
that the young woman was in extreme
danger, and he said: Doctor. do the best
you can. If anything happens to her my
life will have to answer for it. Always
thinking of SELF"
Counsel then recited the circumstances
attending the incident when Philip Strother
saw Will Bywaters coming across the hall
from the direction of his sisters room one
night about II O'Clock. and told of the de-
malls and protestations Of innocence that
were made up to the time that DR.. Chelf.
the family physician, was called.
"When the family physician reported the