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arate instructons to the jury.
Eliminating the routine and custo-!
mary ones as to what is murder, the
degrees, of murder, the presumption
,of innocence, the weight to be given,
pro and con, to circumstntial evidence,
nd the necessity for the conclusive
establishment of its case by the State,
the court submits a dozen paragraphs
dealing with "reasonable doubt," all
of which are condensed into the 21st
and concluding and most definitive in
struction, as follows:
Must &' Uniaunmus,
"Upon the tri_ of the criminal case
by a jury, the law contemplates the
concurrence of 12 minds in the on
clus:on of guilt before a conviction
can be had. Each iin]ividual juror
must be satisfied beyond ; rvasonabl
doubt of the defendant's guilt before:
he can, under his oath, consent to a
verdict of guilty. Each juror should
feel the responsibility resting upon!
-him as a member of the jury and
:should realize that his own mind must
be convinced beyond a reasonable
doubt of the defendant's guilt before
he can consent to a verdict of guilty.
Therefore, if any individual member
'of the jury, after having duly consid
ered all the evidence in the case, and
-after consultation with his'fellow jur
ors, should entertain. such reasonable
,doubt of defendant's guilt as is set'
-fortll in the other instructions in this'
-case, it is his duty not to surrender
his own . convictions simply because
the balance of the jury entertain dif
The prisoner listened intently to the
reading of the instructions and smiled
when they had been concluded.
J. M. Gregory, who opened the ar
gument of the prosecution, laid par
ticular stress on the awfulness of the
-crime, the admissions of the accused
himself on the witness stand as to his
Telations with Beulah Binford and his
-atinuance of them after his ma
-riage. The prosecutor appealed to
the moral and religious senses of the
jurymen and bespoke in bitter terms
the aversion of society and the nation
to the life of dissipation depicted by
young Beattie, his chum. Sampson,.
and numerous other witnesses.
Quoting from the scriptures and
pointing out wherein the charagter of
'Beattie had been most revolting in its
<eparture from the accepted standards
'f morality, Mr. G.regory reviewed the
loathsome details of the double life
led by the accused, and held forth
Beulah Binford as the motive for the
-rime. He concluded with the ques
tion of how the gun bought by Paul
Beattie one day last July for his cous
in happened to be the identical weap
on, by the prisoner's, own admission,
that was used in killing Mrs. Beattie.
His speech occupied barely an hour
aid a half, but the one that followed
by Mr. Carter of the defense was
-nany times as long.
Mr. Carter referred often to the di
Tectness of the' instructions to .the
jury and at, the conclusion of every
~gint cited one instance or another
as dealing with the da.ngers of cir
cumtantial evidence or the construc
tion to be placed on the testimony of
witnesses harboring prejudice or bias
toward the accused.
Calls Collapse Childish.
Most vigorous was his invective
against the testimony of Paul Beattie.
He characterized as childish the col
lapse of Paul at the coroner's inquest
rand attempted to show that even the
boy's grandfather~ had testified as to
his poor reputation for truth and ver
acity. Many were the hypothetical
questions he propounrded to assert the
improbabiity of the murder by the
- "Why," he asked, "should this young
man, if we are to believe Paul's story,
have some one else buy a shotgun
and go about the attack on his wife
in this blundering, senseless fashion.
Why could he not have employed a
pictol, practically an invisible weapon
and one to which he had easy access?
And does he lock to you like the cold
booded brute that committed this
Attacks Paul's St:ory.
Discrepancies-to his mind-by the
score were instanced by Mr. Carter as
showing the inconsistency of Paul's
story. The one explanation which he
offered for Paul's course of action was
*the assertion that Paul did buy a
shotgun for use on the bridge where
'he worked as a watchman and was
alarmed four days later at the possi
bility of the crime being traced to his
He gave no explanation as to the
transfer of the gun to 'the alleged
'highwaymans hands and gave no in
timation in his speech of charging
Paul with the crime, but clung stead
fastly to the story of the defendant of
the six-foot highwayman of scrubby
beard who stepped fronm the darkness
-ertainly not a description of Paul.
Mr. Carter said the defense's case
ws concernled with establishing the
an impea3hment of Paul, upon whom,
lie declarcd, the prosecution had built
its entire zase.
His speech was a steady and un
broken attack on Paul Beattie. To
morrow it is expected that Harry M.
Smith, Jr., chief counsel for the de
fense, will continge ie fire along the
lines of his cosl agn speech.
Paul's Story Basis.
YThis case," said Mr. Carter, "rests
one th ertion o, *'aul Beattie -that
ne bought a gu"n for Henry Beattie
a %gae ZO o1'm fotr -ights before
.'0 home. If We~ cfAn show, as we
So. tz:- >nu"s testimony is un
rel,able and thCre is a reasonable
dioubt in your minds, then, according
to the judge's instructionS, you have
no ease against the pr-oner.
The attorny -sked, why should the
prisoner, if he commizted this crime,
have his cousin buy a shotgun when
he could have more easily used a pis
tol and why Paul concealed tne gun.
"He says." added Mr. Carter, "Henry
did not tell him to conceal the gun
and gave him no Ieason for the pur
chase. No living being saw the gun
in the hands of Henry Battie except
Paul. Isn't this one. or the facts that
should be severely scrutinized when
you are asked to cknvict on circum
Mr. Carter continued: "Paul on the
witness stand, when asked the placesl
where he had worked, omitted pur
posely the butcher shop next door to
the pawnshop, a very important place,
and that's a suspicious circumstance.
Why did Paul tell the boys in the
pawn shop that he vranted'the shot
gun for use on the bridge where he
worked, and why dian-t the common
wealth, having secured this informa
tion from the pawnshop boys, whom
they did not summons as witnesses,
bring this out on the witness stand?"
Mr. Carter referred to Paul's con
duct on the stand.
Why the Conapsel
"Why this collapse at the coroner's
inquest? He had found out that the
gun which he had bought was found
near the scene of the murder. He
said he 'was in a terrible fix,' and it'
was up to him to lay the gun on some
body, and wasn't that the reason, the
motive, for his accusation of Henry
and what led to the invention of the
"You'll find throughout Paul's testi
mony scraps of evidence which
shows his resentfulness toward his
~incle and cousin because they had
more money than he."
The excoriation of Paul Beattie was.
the feature of Mr Carter's argument.
"Did -not Paul Beattie's testimony
beere the coroner stamp him with,
the stain of guilt and brand him as a
man nev'er again to be believed or
trustel?" Mr. Carter shouted, "And
was not that baby colic, that catnip
and faking fit sufficient to show him
as false to the core, telling only
enough to clear his own soiled skirts.
- In Terrible Fix.
"Paul admitted he was in a terrible.
fix. The gun had bee-n traced to him
and he was put in jail. Four days later
he blossomed out 'with a statement~
which he said was tn.e whole truth,
but which he subsequently amenidedI
with a remarkable c6nfession, said
to .have been whispered to him by1
"Dare you convict an1 innocent mans
on the palsied word of such person?
Verily if -mou say he snall hang his*
spirit will ris like Banquo's Ghost and
haunt you to your dying day.
"The gun, I believed, was hidden
in the ce'ment house and never given
to Henry at all. Paul was the man for,
it has not bean shown 'h'at He::ry ever
received the gu.: Mul.ii. the fain :r, ha'1
the gun, gentlemen.
"The commonwealth vainly attempt
ed to holster up Paul's story, but
could do no better than call witnesa s.
who either knew Paul but slightly ur.
knew him sev'eral years ago in New
Mr. Carter finished speaking at 5.25
p. mn., the cou'rt adjourning until 93
Counsel for the defense expressed
satisfaction with the instructions gir
en the jury by Judge Watson, and
the prosecution merely commented
that the instructions were similar vo
it case of for:ner Mayor McCue, of
Charottasville, -who was convicted,
The partic'ular irstruction whic'h at
tracted at iin t$da o.uiv -
forred to' the alleaed confession of
Henry to Paul Beattie the night after
the murder. The instruction reads:
"The confessions of a prisoner out
of court should be acted upon by +he
jury with great caution, and if the
winess testifying to the confession
has a motive for testifying thereto, or
if the' facts so brought out are ad
antaa.POus to suchn witness, the jury
ought not to convict upon such con
ession alone, unless after a careful
examination they are satisfied beyond
r'esonable dou of its truthfulness."
the day that he had decided not to
request for the reopening of the Beat
tie case on account of the discovery
of an alleged eye-witness.
"We have a strong enough case
without," he said. "We could not get
ihe man here for a couple of days, at
least, as he lives out West. But we:
nave asked him to come here just the
same, to see what there is to his story.
Dtf course, we have received, as is us
! i rdr cases, many le tTS
rroi ( ei - ee-witLncess. Th is o!e,
how:'-. signed his name and w find
0 1 oner. work as a fa1m hvd 1
: ar tre scene of the murder.
eej,og to investigate it firther
e a enn take th story now for
MAY BE INDICTED
Effort to Hold Girl as Accessory to
Beattie Murder-Both She and
Paul Beattle be Detained.
Riclmond, Va., Sept. 6.-All plans
of the prosecution in the case of
Henry Clay Beattie, Jr., on trial' for
the murder of his wife, may be chang- i
ed as the result of a letter received
tonight by Commonwealth's Attorney '
Wendenburg from a man who claims
to have been an eye-witness to the
killing of Louise Owen Beattie. Mr. .1
Wendenburg states that he may ask']
the court tomorr-ow to reopen the
case for the introduction of the new
evidence before the final address to
Mr. Wendenburg refused to divulge
the name of the alleged eye-witness,
but said investigation today had prov
ed that he had been employed as farm
hand near the scene of the crime'.
In his letter the man says he saw
an automobile stop and heard a man
and woman quarrelling. Then the
man attacked the woman with , the
stock of a shotgun, he declares, and
this was followed by the report of a
Numerous letters have been receiv
ed by the commonwealth from persons
claiming to have witnessed the mur
der, but none of them has been given
Richmond, Va., Sept. 6.-While
consel for both sides in the trial of
Henry Clay Beattie, Jr., indicted for
wife -murder, conferred with Judge
William A. Watson, here tocay, con
cerning the legal basis for the argu
ment that is scheduled' for tomorrow
at Chesterfield Court House, detectives '
for the commonwealth investigating
information alleged that Beulah Bin
ford, the so-called. girl in the cast, was
an accessory before the fact.
Application was made to Judge Wat
son by the prohecution today that the~
release of the girl from custody be de-1
la'ed at least until tomorrow. Judge
Watson was informed that if the in
estigation was successful the Bin
ford girl might be arrested and in
dicted as an accessory.
The prosecution also asked that
Paul Beattie, the cousin of Henry, be
indicted as an accessory.
Detectivfe L. L. Seherer, who has~
been dhief.in working up the case of
the prosecution,. tonight repudiated
any such purpose as to Beattie, butt
said that the investigation as to. thel
Binford girl had not been completed.
BEULAH POSES FOR PICTURES.
Paul Beatte Gohes on Taudeville Stage.
Binford Girl to New York.
Richmond, Va., Sept. .-After being
held in the Henrico county jail here
as a witness for the commonwealth in
the Henry Beattie case for more than;
a month, Paul Beattie and Beu]ah
Binford were given their liberty today
by 'order of Judge Walter A. Watspn,
of the Chesterfield circuit court.
Paul Beattie went directly to his
lyue and (enjoyed his. liberty lim
mensely. He will later go to New
Ymk iand go into vaudeville, having
received many tempting offers during
his incarcerationl. The "girl in the:
cas'' did not lea'ie the jail until some.
time after Paul Bleattie. She was in
amo frencc with' agents of a New
York film company and left abott
noon with them for New York to:
pose for moving picture productions.
No diemonstration whE'r mar1ed
the liberation of the two witn'esses.
eulah's )U4ther Disappointed.
etah Binford left the jal in an
ano:noile at U.~ o'clock, accompa
nied by an azent of the film concern,
and was driven. with her light lug
za. to the Byrd street station, where
sh'a >ft for New York. There was:
no demonstration whate':er, ref one
not immediately concerned having!
ho' aware of the stil'l's plans. Sb.4
f her mother at the jail fretting be
cause the daughter angriy refused to,
earber and go into a quiet r~etreat
n the country that had been prepared
Look! Thp Herald and News one
LADS' COURAGE GIVES VAY.
our Boys Make Attempt to Rob Train
But Engineer's Wit Foils
New York, Sept. 7.-Because their
erve was not equal to the unforeseen
,:ergencies of the great event which
hey had planned, four New JersEy,
ouths, ranging from 15 to 17 yearn,
re in the Harrison (N. J.) lock-up
o::1ht, afrer a valiant start but a
. 1-rous inish to an attellpt at
inn ro::ry. 1he scoffing' of an en
lcer frustrated thei effortS.
A Phi.adeiphia Cxpress on the
';.nsy ania railroad was the train
ich the boys, Theodore Pleavis,,
1iii;am arnd FrQderick Jops and Wil
ilam Wolf, planned to rob. Five miles
ut across the .iersey meadows they
lagged the train and covered the en
ineer with a shotgun.
"Wa're going through your train,"
ainounced one of the lads. The en
ineer only laughed, and by his wit
nanaged to hold the attention of the
.ads until the conductor, brakeman
Lnd several passengers came rushing
ip. Then the boys' courage wilted
ind they fled. Six minutes' delay was
:be only "loss" attributed to the hold
Railroad detectivi today found the:
)oys hiding in a barn at which they
lad remained in terror all night.
rheir story will be told in th juvenile
Where .vnes Went.
A series of revival services was be
ng held in a Western city, and pla
ards giving notice of the services
were posted in conspicuous places One
lay the following notice was posted:
'Hell; Its Location an'd Absolute Cer
ainty. Thomas Jones, baratone solo
st, will sing, 'Tell Mother I'll be
KOTICE OF APPLICATION FOR AP
POINTMENT OF PUBLIC GUAR
Notice is hereby given that the un
ersigned will make application to
Elon. George W. Gage, Circuit Judge,
in the Court of Common Please, at_
Newberry, South Carolina, on the 18th
-ay of September, 1911, at 10 o'clock
in the forenoon, for the appointment
af the/Judge of Probate of Newberry
County as Guardian of Sallie Beam, a
minor of the age of fifteen years, an'd
Sampson Beam, a minor of the a,ge of
thirteen years, both residents of New
berry County, South Carolina, who are
ntitled to an' estate of about two hun
lred dollars each, consis.ting of an in
terest in a life insurance policy on the
life of their father, the late Samuel
Beam, and a small amount of person
alty. The said minors have no gener
al or testamentary guardian, and- no
fit,' competent or responsible person.
ca'n be found who is willing,.to assume
thd said trust.
E. L. Glymph,
A first'class barbecue will be given
by u at~ Jol'ly Street on Friday, Sep
tember 15. Usual prices.
J. W. Lomninick.
P. H. Kinard.
NOTICE OF REGISTRATION FOR
MUNICIPAL ELECTION FOR
THE TOWN OF NEW
BERRY, S. C. /.
Notice is hereby given that the
books of registration of voters for the
Town of Newberry, S. C., will be open~
ed at the office of the clerk and treas
urer, in the opera house, from the 29th
day of September, 1911, until the 30th
day of November, 1911, both days in
clusive (Sundays excepted), between
the hours of 9 o'clock in the forenoon
and 5 o'clock in the afternoon. J. R,
Scurry has been appointed supervis
or of registration. Only such persons
as register as herein provided for
shall be allowed to vote at the regular
town election to be held on the 12th
day of December, 1911, and at special
elections to be held in the Town of
Newberry during the next twelve
The production of a certificate Gf
registration from the board of regis
tration of Newberry county entitling
the applicant to vote in a polling pre
cinct within the incorporate limits of
the Town of Newberry, proof of his
residence within the limits of the
municipality for four months preced
ing the aninual election for the year
911, and the payment of all taxes as
sessed against him, due and collectible
for the previous fiscal year, are neces
ary to entitle the applicant to regis
By order of the Town Cotuncil of the
Town of Newberry, S. C., on the 5th
day of September, 1911.
J. J. Langford, Mayor.
T. FR. Scurry,
REPORT OF T
At the Close of Ba
Condensed from Report
Loans and Discounts -
Real Estate - -
State of South Carolina I
Overdrafts, secured and
Cash on hand and with I
Capital Stock -
Surplus and undivided p
Bills Payable - -
Deposits - -
Z. F. Wright.
Jno. M. Kinard.
W. H. Hunt.
o oPaid on
The Bank that Alwa
If you want your chi
give them the right kin
I will give some of the
Tablets, Pencils, C(
Penstaffs, Ink, Schbol (
Colored Pencils, Examir
Erasers, Rubber Eras<
Paper, Indelible Ink, Di
Books, Pencil Boxes, B<
I will also give to mei
prices on any of the ab
me before you buy.
THE IIOBSE OF I
HAY'S HAIR HE.
?heir natural color and t
It never fails. Can b(
will not soil skin or line:
Thousands have used
twenty-five years. You:
H S LIe for smple bottl ci
Hair and Skin.'' PHILO H AY S:
$1 and 50c. bottles at Dr'ug and Dep
HAY'S LILY WHITE CREAI
wrinkles, 5sunburn, frecklendpi
ERRY, S. C.
siness, Sept. 1, 1911
to State Bank Examiner.
- - - 9,750.00
londs - - 1000.00
unsecured : 4,145.61
;anks - 31,759.54
rofits' - - 66,972.93
- - - 1,112.00
- - 40,000.00
- - - 374,645.33
Lys Treats You Right.
idren to do well in school
Ld of tools to work with.
necessary suipplies below.
imposition Books, Pens,
3rayons, Colored Crayons,
ation Tablets, Blackboard
rs, Rulers, Slates, Box
rawing Ink, Memorandudtn
sok Satchels, Book Straps,
rchants the best wholesale
ove goodls. Call and see
'LTU will restore them to
used without detection, and
i IS NOT A DYE.
it ih woniderful results for
n mer.e back if not satisfied.
HAY'S HAIR HEALTH and tube of
CREAM, and books " The Care of theo
PE. CO.. Newark; N. J., U. S. A.
't. Stores, or direct upon receipt of price.
1es, blackhe;ds. OT G REASY o
Gilder & Weeks,.Newberry.