The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-03-01
Philip strother
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ness stated. that lsswaters attempted
70 attack Mi. Gatnes
.Bswaters tried q craw a knife on
Gaines. he cursed him in the West
language he knew The witness re-
peatei the words which he said By.
waters used.
4ywaters.s he continued. then
went up 70 yiola's room, leaving
Gaines in the dining room. z
did Bywaters still insist on ieav.
Ing yiolaa Attorney Jeffries asked.
.He did, the witness replied. "fie
insisted that he must 60 to cuipeper.
that night.
This point in his testimony led the
witness to the act of the shooting.
What happened when you went to
your sisters room?' he was asked.
II asked him what ne intended 70
do. told him tina, we intended TO
watch him to see that he didn't get
ayayp
did he answer youg" was the next
question.
NO, he sprang from vtoia,s side.
tearing himself from her arms and
made dash for the rear door" q
What happened then?g he was
asked.
The next thing I heard was a shot,
Philip fred at Bywaters as he ran
down the stairs"
The testimony which followed con.
cerned Bswaters' supposed attempt to
escape. by the winlow OF the bedroom
which ended in his death on the root
outside.
Bywaters return d TO the bedroom
the witness stated. followed by Mr..
Gaines, who he added. prevented By
waters escape by the stairs.
Did he remain long in your sister,
roomg"
NO. he did not panse an instant,
but dashed across the room ano
through the window. Both Philip and
then opened FIRE on Bywaters."
Did you fire on him while ne was
in the room.' asked his counsel.
my recollection ~ that we fred
Just as he climbed ont of the window.
We did not fire on him until he had
gotten out of the window.r
After recess OF 20 minutes, the
witness resumed his testimony. most
of which treated of tine attitude of the
STROLLER family toward Eywaters after
the shooting.
A pathetic interlude in the testi;
.nony came when the defendant, after
completing his story Of the tragedy,
told OF hfs mothers admonition TO han
on her death bed ITO always protect
our girls. jim.
strother paused Al. his story over
come with emotion and his counsel
were visibly affected
AS the members of the Strothef
family, seated within the enclosure,
heard their brothers reference to me
dead mothers memory, they too, were
overcome. Philips head sunk low on
his breast and AIRS. Gaines sobbed
audibIy. When able to continue
James strother told of the deep aifcc.
ton toward Viola " the Family.
Viola was our baby" he said. "aal
1t was our duty to protect her."
Attorney Jeffries then asked: "Atrl
strother. what were your feelings
when you became convinced that BY.
waters had ruined your sister"
Every passion aud emotion in my
body was aroused. said strother. y
became like crazy man. ! could
think of nothing else, and was deter
mined to bring the. man responsible
for her condition to q reckoning"
On cross.examinat,on the witness
said he fired two shots at Bywaters
as he got through t.,e window. 1t was
too dark to know whether or not they
hit him. He said he did not know
how many shots his brother Philip
fred though he remembered that he
continued to fire after ne. the witness
mad run down stairs intending to head
Bywaters or. At the conclusion oil
the cross.examlnation the usual lunch
con recess was taken.
Philip Takes stand.
To ayenge the wrong done his sis,
ter. Philip strother. one of the defend
| ants on trial for the murder of his
brother-in-law. William Bywaters, ad
mitted on the witness stand that while
he had not anticipated trouble. he
''shot to kill" when Bywaters attempt
ed to desert his bride of an hour.
The knowledge of his sisters betray
al. James A. Strother, the other de
PENDANT, testified, caused him to "be
come like crazy raau" and when By,
waters attempted 10 leave the house
he determined to bring her betrayer
ito a reckoning"