Daily press. [volume] (Newport News, Va.) 1896-current, 1907-01-22
Mrs. ByWalers Said TO be Too
III 10 Take Her Place on The
Witness Stand.
EXPECTED TO Be HARD 70 GET JURY
Court Opens at cuIpeper, But Little
is Done in the Sensational Murder
case-Tne Defense of the Accused
Brothers Will be the 'Unwritten
Law" It is Said.

GuLPlSPER, VA, Jan 21.-Several
days Will probably elapse before the
trial OF James a. and Philip j.
Strother, charged with numbering
William F. Bywaters, will begin, as
the wife of the victim continues i'll
and some delay is anticipated i'm i'm.
punching n Jury.
Judge a. NJ. Aiken. of Danvi!le. who
is to preside at the trial. opened
court promptly at ten O'Clock this
morning. The courtroom was crowd
ed, hundreds OF persons having come
rom nearby points expecting that
The trial would begin today or that
the Strother brothers would be in.
d'cted for killing Bywaters.
Commonwealths Attorney Charles
NJ. Waite presented John Keith to assist
as prosecuting attorney in the case.
Judge Aiken then appointed Mr.. Keith
TO act in the place OF Mr. Waite.
Major Micajah Woods, of Charlottes-
villo, will assist Mr.. Keith.
The prosecuting attorney then re-
quested Judge Aiken to empanel n
grand jury to meet Thursday at ten
o'clock to consider the case. In a
few minutes counsel for the accused
agreed to the action of the court
They were also willing to have the
Jury selected from Culpeper county.
lt is understood, however. that in
case jury cannot be selected from
the county. Judge Aiken will request
the sheriff to summon citizens from
another county to sit in the case.
The Strother brothers are well re.
presented, their counsel being John
l.. Jeffr!es, of Norfolk: John l.. Lee
of Lynchburg; r. Walton Moore, of
Fairfax, and about six of their friends
in this county who are lawyers.
Judge Daniel A. Grimsley, the
judge OF this circuit, was unable to
SIT In the case, because he is rela.
tive of the Bywaters family. Judge
Aiken was, therefore. designated to
act in Judge Grimley's place.
There seems to be no probability of
n controversy over the facts in the
case. There may be n variance in
the statements of the witnesses upon
some minor points, but the defense
will be conducted along the lines
generally accepted under the social
ed ''unwrtten law and the jurors
who sit in the case will probably be
asked 10 say that the killing of By
waters was a matter of right.
1t is said that the prosecution has
been actively engaged upon the prep
aration and that they will be ready
10 proceed with the trial unless some
of the witnesses in the case should
disappear which is not likely, or
should they get sick.
DIR. Il. L. Gaines and Mrs. William
+. Bywaters. the only witnesses to
che tragedy, are regarded as favoring
defendants, but their statements will
only amount to what the defendants
will practically admit. Mrs. Gaines
will also be an important witness in
the case. All of them have made
statements to the coroner. and they
can only repeat what they have al
ready said.
Mrs. Bywaters, the widow, may not
he allie to appear at the approaching
session of the court because of i'll
ness. She has not yet recovered
from tho effects of the operation that
was performed upon her in Wash