The times dispatch. [volume], August 24, 1911, Page 8, Image 8

About The times dispatch. [volume] (Richmond, Va.) 1903-1914

Image provided by: Library of Virginia; Richmond, VA

                
Great Legal Battle Begins
To-Day In Chesterfield Court
JURY COMPLETE,
TRIAL PROPER
BEGINS TO-DAY
(Continued From First Page.)_
line courtesy and great good temper'!
of the father of the prisoner und-r;
the burden <jf sorrow he is carrying ?
Struck straight i" the heart. To see '
him with a hit more Of animation and I
of hope In h'la strong and furrowed j
face carried pleasure to all, whatever
llioy might think of his son. If there ?
? is marked seriousness anywhere this '
day It was In Henry Beanie, .tr. The I
i'. xatlon, lipon which all commented,
din' e.f which all were glad, did not .
include the prisoner. In fact. It was j
the soberest day yet for him Ho
nmilrii and smoked and gossiped still/
it Is true, arid vlitstlod thai one time
..?perhaps unconsciously. But It was |
|d.n<< with a different air and a dif?
ferent look upon his face. Preoccu?
pation held him fast now. and these
(things were* but fleeting lapses Into
'his old careless self. Before him lay '
In serious task that might mean the
-difference between life or death, and
[he knew it And when the time came ;
'he was ready.
Nen Venire Appear*.
Perfunctory motions to qunsh any- I
(?hing quashablc ere. ted the court j
[promptly when the sef'lor. herran. glr*
Sng the defense opportunity for more
(exceptions. It was already noon., and.
Heuling a hot day. the judge Reared
-.doors and windows at once. Not. and
then a breath of air stole In.
No time was lost In bringing the
Hew venire before the eourt. I'hknow
ilnc ones hjid seemed at llrst to douot
.If the sheriff and his deputy could J
iround up thirty mere men In so brief j
jo time, but the two war veterans, lyp
llcoi country .Southerners of u bygone
period, were forth with the dawn and
.hack acain ready for the next task
ins hand long before the modest limit ,
of their time was rcaeheel.
When the first venlrcman was called
[Judge Watson, with a kindly fore
fthought, characteristic of the man. In?
vited the hot and tired farmer to the
?witness chair. On the preceding day
til bad stood during the examination,
put a complication iiroFt. With the
fman In the seat his back was square?
ly in the faces of the lawyers. The
?defense demurred.
The e.halr was turned, and now the ,
court way f ir o\l 10 address the venire- j
man's m <:k A cornpromisinii angle
was soughl without aouch effect, and ,
finally the judge lerminated the dls- .
russlon. "It doesn't matter about Mr.
Sherman's fate," he eleclared, "for I
have seen him before."
"And notv you can see him behind."
Tcmirkfd Mr. Smith, from the bar. ,
The crowd smiled, and, noting the j
*UKg?-nt!v?- li- *n*<# ventured to stretch ,
Its legs -.ii spite of the sheriff. j
ISxuminutlon by Court.
The examination began, the fourt j
covering the ground with im less care ,
end thoroughness than on tiki open
:-in Some of the venlreuien had j
ttxe? opinions and werjs rejected with?
out parley. Oth'-rs hail read the !
papers and tentatively reached con- j
elusions, but could lay them aside and ]
give the accused a fair trial. The best j
of these the court accepted, dismiss- |
lag some of the others and holding
two In reserve. One man, who had (
been sick ten days, asked to be ex- j
cused, and. with n curious m launder- ,
standing of court room Qtl(|Uette, stood j
up and from his place in the crowd of
spectators directed his Plea .yalght
to the clerk He was sumASjied be?
fore the bench, and the Judge, under?
standing the ways of his people and
knowing that the man meant no dis?
respect, let him go with an expression
of regret that he huel been bothered
at all. Skln<|uarter came Into f.ime
with one venlrcman, and the Yellow
3ai ket neighborhood also had Its de?
fenders. The court held both in high
tpinlon, It said.
It had been remarked on Monday
that not one of the thirty-six venire
rrien eumiiwiiAbjectcd tr, capital pun?
ishment .in ihi, rj'ft-oltt-J McCue case
this consideration reduced several of
the llets by h?lfe Chesterfield evi?
dently believes ;n stern measures
where, murderous deeds are charged,
end elocs not halt at the death chair.
(Yesterday, however, two or three were
found who were excluded un'ler this
provision. One man would not punish
with death except upon direct evi?
dence, and another, his brother, upon
any evidence what: never, hcwls R?hr
rrtson stirred the. rrowd again, lie
had not followed the ease closely; had
no opinion, and. having none, could I
not remember expressing any.
"Have- yen any feeling with r. fer- |
enee to capital punishment?" the court
askfd fir.rillv
"Soraei Sympathy," fi??th r,e>w!s Rob?
ertson, in dead earnest He went into
I lie hox a moment later and staved
there.
Wnlrhi-h rhrni e lonely.
All this time Henry Beattld Sal he
side his father clopely watching 'he
vonlremen as they came and went -ir !
Hayed A muscle In his lower jaw
worked steadily ? not a nervous
twitching, "r o liurrlcd pulse, as some
bavti said?but an old habit of little) I
significance to be seen in hundreds of
others: If they art ever called into a
glare like this Now and then he
leaned over fe>r a word with his eou/i
?rl or Rohic of the others around him.
Sober-minded beyond the u- ,,?). ),e j
was y. i completely cnlin. Much lias
been sr.le] and writte n of his demeanor !
In the court H is scarcely fair n> ?
put hl'rn i),',-? under a liundri'd starli ?
eyes and then call him frivolous and
heartless If > smile: or hypocritical
If he' Weep: or conscience-stricken arid !
afraid If his raw nerves quiver .it
any time. But In spite ..f this, It ran ,
Society Women Use
New Wrinkle Remover
(Prom Society World ,
Since the discover: ? olullon
of ordinary saxoltte .-. ? lti,\
has .1 peculiar effect
skins, 'it has l.ee:, learned
prominent -o.-l, ty women } .
country have used this ....
treatment with groat Sucres*. The
formula is: powdered saxnllte,
?tim e, dissolved In witch ?, ? , ... .
half pint. Use dally an n n.
Tho beneficial aribn of t!
felt at once There'* nn agree |,
? refre-r.:m sensation and feeling
hlloratlort. The hkln soon
?firmer ;.nd more ynuthSil look ?
ngbblness and all wrinkles are ,
dlately affected. So one need hej ?
to got the Ingredients at th> di m
?tore and n . /
for there aro no harmful eft ecu
l He h u f , p
FATHER'S EYES FILL WITH TEARS
_ AS HE BIDS SON GOOD-BYE IN JAIL
Henry Beattie Spends His First
Night in Chesterfield
Prison.
OFFICERS WATCH OUTSIDE
Quiet Scene Around Courthouse
After Jury Goes to
Red.
A reporter for The Times-Dispatch
sent the following dispatch from Ches
terrblj Courthouse at 10 o'clock last
night:
II- n: ;. C, Beattie, Jr.. sleeps to-night
In the northeast cell on the second
floor of the Chesterfield county jail.
Beyond him on the opposUe side are
two prisoners, minor offenders against
the law, William Wellford and Alfred
Knight, who have been in a manner
deputized to watch through the long
night hours the youug man charged
with the murder of his wife. Outside,
both armed with magazine shotguns,
patrol Jailer N. H. Cogtdll and his spe?
cially appointed deputy, Thomas B.
bill, the tall young son of Sheriff Gill.
They expect no untoward event. As
th" law requires, they keep watch
over the Jail and Its noted prisoner.
Pother llld? Sun Uood-Br.
After court adjourned H. C. Beattie,
Sr., entered the Jail with his son. and
there Si the Jailer turned his back,
h'i r.oy good.night. He clasped
that ??? to hi.- heart, kissed him and
??? i htm on the shoulder. "Good
sight 'v.-as .ill he could say. His eyes
illed quickly with tear? and his voice
ho?k so that his words were but a
iab. Then the broke?) man turned
iway and the heavy steel door was
wung Into piece.
AI S O'clock to-night Jailer Coghlll
isked Henry Brattle what he would
isve for supper.
"Have you any .;f that nice Bruns
vick stew you ier\'ed me before?"
sked Beattie
"Ves." said Mr. Cogblll. "It's just
s nice as atiy you ever sttick a tooth
n."
"Wei!, bring me some .of that, a
;la-s of Iced tea, some rolls and out?
er." the prisoner replied.
Menl from Jailer's Home.
The meal was prepared for him at
dr. Cogblll's own table, and while
fenry ale sparingly, as he always
Oes, he seemed to enjoy it. The |
ilsh.es were r"rnoved as soon as he
lad flnl-h-d He hid brought with
Im a few magazines and an on lamp
ras left In his 'cell until '.> o'clock, so
e could read, but he spent most of
Is wakir.g hours talking lightly with
he two prisoners nearby. He had]
? ten supplied with a pew cot and clean
>ed linen if he needs a blanket one
s at hand. Beattie also brought a
hanjre of linen and a shaving outfit,
ut the 'aller will keep the razor until
e needs it, and then Mr. Coghill will
e with the prisoner when he shaves.
It !s rather a colajldence that Jailer
logblll should have known Honry
Seattle since early boyhood, his father
nd his grandfather. With the gran.l
ather he uFcd to play the ancient
amc of quo!'./, and with the father
a all Justice be said that Beattlc'S
rlhs und ffulps, his chewing gum and
Igarettca are strangely out of place,
r.d are creating a bad Impression for
dm upon a public already outraged
y the alleged crime. Something lll.e
n end of patience was reached Tues
ny when his smiling face appeared
ii a picture beside that of his father,
ecp lined with grief. In view of this j
iany have wondered why his counstl |
erniit It, and but one suggestion has j
?et been made?that it may he the j
home of an Insanity plea sprung In
he last moment should the case go
iadly-for the defense.
\ w ord for tbe Court.
When the name of John H Bailey
ras readied on the venire list, the ex
minatlon brought from the court a'
eclaratlon touching a point that lias \
Igured largely during the past fe>v J
itiya. Though man of few words, i
fid those simple, Bailey made an ex
elierit Impression and labored with !
II his might 10 reveal the processes
.1 hlfl mini to the patient Judge. He
ad no conscientious scruples against
apltal punishment, but "?lwnys said
would never like to try a man for
its life" Hero at least was one re?
ue unit former. He had no wish to
erve Honesty Shone in the man's
? loin face, and he evidently yearned
i, get back to his farm again. But
ie remembered his oath and firmly
dmltled thai though he had formed
one ?ort of opinion from the news
..ipers he could lay It aside and i-Jv
lie law iind the evidence Hhape his i
inul judgment. !
In 'he clutches Of skilful lawyers,
iilndful of the precise meaning of !
lords, this countryman, us many who,
lave gohn before hlin, furcd not well. ;
I'll/ contest was uneven and the court |
ook a hand
"We are all splitting luilrs and m'tk
ng words, gentlemen." Halfl the judgK
!:. ri.?- ronduct of this t>xairtnstlr>n I
(hall not be concerned about mich
natters, what the court Is attempt
ng to do Is lo ascertain the true j
tale "f mind of this venlreman.,Olve I
ilin his way He I? doing bis best."
i< clarified 'he nir at once "We
tfter all believe I' Is heat If the law
?'ci ,t the court alone," admitted Mr.
Inner, of >hr defense, and thereafter
had little to say,
Last of >:\\ came M. E. Rbinkenshlp.
from the southwest of the county, and
with R toothpick sticking in bin
mouth kls.'.ed the Bible and took the
chair He subscribed to two nev?.
papers, lull scarcely read thern. hrid
no opinion as to the ncnltle rase, und
could give a fair trial Toothpick a?d>
Bliinkonship wtt.t into the lury box ,
The I'nnel < niiipl, Ii
The panei wns complete, m d hullo- ?
tins rushed 'iff to tell the world the!
news. By this time the Courtroom was |
lilled to overflowing and Mflinc hen I i
hung like a pMI over the pine* The
roll wan called by the clerk und all
other venlremcn wer.- discharged
Jurymen chosen on tbe opening day
were examined by the court h* lo
their Conduct Mince 'hen, and the- tft**r)
ros<r one by one answering elearly.
The prisoner nrruttnlzed each eure
full v. making notes on n sheet of pa.
per and occasionally conforming with
J?a lawyers. Counsel utvrr one t., It
?i^vhy^^iji^TtikTsIi
iJK.MlV c BbATOiE^I^1
Copyriehtcd 1S11. by W. W F?.t>r
and son he often went on fishing trips
to Cohoke. To him Henry was but
as any other boy. and the father Is
numbered among his most respected
friend'.
Jury In Cond Hund?.
The Jury, which i.s In charge of
Sheriff Olli and Deputy W. P. Goode,
sleep together in one room. The room,
however, Is large, airy and comfort?
able. James o. Forester, the Rich?
mond caterer, who has the hotel in
charge, has equipped It with every
eyes from the Jury bo\ now. A few |
moments later and young Belittle, Mr. I
Smith and Mr. Carter, with the sheriff j
and his deputy In attendance, retired |
for a consultation.
The crowd was gasping for air, hut |
did not move. The court ordered a j
strong-limbed stripling lb get tip and]
give a gray-haired old man his seat. I
Expectancy now took the place of In- [
difference, and all eagerly awaited the
next move?Iteattie's first cast ot the*
die. After twenty minutes the bar i
filled up again and the time was at j
hand. The prisoner dragged a chair i
forward and sat down. The conferences I
continued, one by one the Jurymen |
went under Inspection again. Then
Mr. Smith handed a paper to the i
clerk. I'.. Henry Covlngton, John T.
Dahco, Wi V tAindle, and J. C. Con- I
drey stood aside Those who remain- |
cd are given In full elsewhere. j
SwrnrlUK ?f J?r>.
The Jury Btood and was sworn, the
comfort. The Jury room contains seven
beds, two men sleeping together.
After supper the twelve men upon
whom Beanie's fate must Anally rest
went for a walk, and then sat for a
vhort time on the courthouse steps
One standing In the courthouse green
Could hear on one side the deep, strons
tones of Beattie, talklhg -with his fel?
low-prisoners, and on the other the
laughter and chatter of the Jury.
The twelve men were put to bed by
Sheriff Gill at 9 o'clock, but they i
Bible passing f i out man to man. Mr.
Smith arose suddenly and gazed fixedly
at the twelve men; Then he. too, t?iOk
his seat again without a word. The
clerk went on:
'?Do you. and each of you, solemnly
swear to woll and truly try and a true
deliverance make between the Com?
monwealth and Henry Clay Beattie. Jr..
the prisoner at the bar, whom you
shall have in charge, and a true ver?
dict render, according 1? the luw und
the evidence, so help you God?"
"We do"
The day's work ivas done. Beattie
stood up while the charge to the. Jury
was read, steadUy and (irmly, not
flinching "8 the words of the terrlblo
indictrr.pnt came forth. The court in?
structed the sheriff as to the care of
the twelve men, considered and denied
a request to have the prisoner remand?
ed to the Ilenrico jail, and then ad?
journed until this morning, when the
trial proper will begin.
GET TWO NEW JURORS
BEFORE NOON RECESS
Members of Third Venire Closely Questioned by
Court and Lawyers?Prisoner and Others
Earlyo n < ourt House Lawn.
With twelve men In the Jury box.
[wily sworn and charged i>y the court,
iresterday'a proceedings In the trial oi
Henry Clay Beattlo, Jr., charged with
murder ot his wife on the night ol
luly is. brought the case to a direct
, aii preliminaries have been
llsposed of. Tho Commonwoalth will
begin this morning the presentation ol
is witnesses, Tho fight to savo Beat
lle from tho electric chair hita reached
ta crucial stage.
.-Iii..- it was generally known thut
none of the witnesses was to he prcs
?nl and no testimony heard yesterday,
the crowd was r.ot so large as on pre?
vious days. At one time or another I
;..-.<r!y every one was able to crowd Into
.. little courtroom for a look at the
. >ner and tho opposing counsel.
L. O V.'endenburg and Common
wealth's Attorney J. M. Clregorir were
r,.' first of tho official party to arrive.
If.;.: up In n motor car with Detec
IIv? Ang ? r?f Mr Hcherer'a offlcc, and
II I;. ;?! ?:< r. Another large car
I the prisoner. Henry Clay Brat
In i harge of Special Agent
?? ho had tiecu charged by the
r the previous day to convoy him
from th< llenrlro Jail. In tho1
? ??:> IJctcct'.vo X. J. Wren, County
Jnrrell and Klynn and Judge
?'. Burdette. of Charleston. W. Va,
? tri n throughoul yesterday an In-1
pe< lator at the. trial.
Heattle Prepared to Slny.
Ith brought with him a suit case
r . ithes and personal belong*!
which lie hod been allowed to have1
? llenrlco lall n was taken by
?'??::!.ill. alter examination, to the
Ihi prisoner win occupy during
rial In the Chesterfield Jail. i
Attorney* Smith and Carter, for the
defense, came out on the trolley to
Centralla and drove to the courthouse,
as did Henry C. Heuttie, Sr.. father of
the accused, und his brother, Douglas
Beat He.
Judge Watson entered, cool and smil?
ing, in a light linen suit. Throughout
the day he was the coolest und nioKt
composed man In the courtroom After
ihe Judge saw personally that three
women eorrespondenls were provided
with goats, court was opened by Sheriff
(IUI in the ahclenl form ut 12 o'clock.
True to his promise. Sheriff Olli hud the
thirty men summoned on the third
alias venire, every one of them an?
swering to their namos as Clork Cog
blll called the roll.
Hill Carter began the day with ex?
ceptions, moving to quash the writ and 1
the return of the sheriff thereon forj
errors apparent on the faoe of the rec?
ord and tho discharge of the venlremen. i
lie declined to specify any of the er?
rors alleged, and the motion to quash'
was overruled, and the prisoner, byi
counsel, excepted. ^ |
Venlrrnirn Examined.
The work of tho day begun prompt?
ly, following thu program luld down
nt the previous Killing, In the examina?
tion of Jurors.
W. T. Sherman, thirty years old, a
citizen of tSttflck, was first exumlned.
He had read all the. papers and formed I
his own opinion from what ho had
read. Ii was :i well-fixed opinion, and
he wan afraid It would bins hint in the
trial; Ho v;?m allowed to stand aside,
Mr. .Smith objected that he could not
see the face of the witness when he
sat facing tho Jury box or turned his
face to hour the questions of tho Judge.
Judge Watson suggested that, although
talked for an hour before the lights
went out and they went to sleep.
Seattle will be awakened and served
with his breakfast at S o'clock. Hi*
father has ordered that he be served
with everything he wants.
llut for the steel bars and the black
cloud of death that hovers above his
head, Heattle will be as comfortable
as though he were at home The steel
bars are there and the fateful cloud
lowers over an otherwise peaceful
sleep.
answering the questions of the court,
the witness face the attorneys, saying
he had seen Mr. .Sherman before.
L. K Lester, aged twenty-eight, ol
the Douthwestern part of the county,
answered all the usual questions satis?
factory, lie was a duly qualified citi?
zen: was not related to tho accused;
had no personal knowledge of the case
und hud been told nothing by those
claiming to have persona] knowledge.
He had read ihe papers, all the reports
of the Seattle case, and believed the
newspaper acounts to be truo In the
main, but was not fixed In his opinion,
and would not be Influenced by what
he had read. He thought he could sep?
arate his mind from all previous Im?
pressions and try the case an though
he had read nothing. He had no scru?
ples against capital punishment.
Il'iil tin opinion.
Cross-examined by Mr. Curler, the
venlroman said that he hud expressed
the opinion h>i had formed a. good
many times, and that If the evidence
Proved as he had read, his previous
impressions would bo confirmed. The
opinion he had would go with him to
the Jury box and remain until removed
by _ evidence. Judge. Watson stnted
that the court would not p<iss on tho
Juror at this time, and he was allowed
to stand aside, but to remain for fur?
ther examination.
I*. P.. Lester answered from the back
of the room when called that he was
Kick. He w?s brought forward and
sworn, and on his statement that he
had been 111 for several days, he was
excused.
Jnmes J. Bailey, aged 81. was afraid
he could not give the prisoner a fair
and Impartial trial, nnd said lie had
formed an opinion as to the. guilt of
the accused. He was excused.
John H. Bailey had formed an opin?
ion to some extent from what he had
read. He did not know whether he
could throw off the Impression or not.
but believed he could give a fair trial,
but not as though he had never read
any paper.
Splitting Tlulra, Says Judge.
"We are splitting hairs here," said
Judge Watson. "Different persons aro
ottaohlng different meanings to the
same words."
Mr. Carter agreed and suggested
that the attorneys leave the prelimi?
nary examination to the court. Judge
Watson said thot he was merely try?
ing to get at what was In Mr Bailey's
mind?that it was evident that tho
witness was attempting conscienti?
ously to give his exact Impressions,
nnd that It was Immaterial how he
expressed It. Closely questioned, tho
witness stated that he had ralher not
sit, but thnt If sworn he, saw ho
mason why lie could not give n fair
trlab Henry neattle fixed his eyes on
the face of the Juror, and from that
time on through out the day gnsed
closely at the faces of those who v.-nro
being selected to pass on the ques?
tion Involving hin life or death.
Mr. Bailey, on .cross-examination;
r.toted lhat he had nn opinion: thnt
tho thought, of what he had read would
go with him to the Jury box. Ho had
talked with others about the cr.se and
expressed an opinion. The court re
sctvcd decision, allowing him to s:snd
aside, remaining In tho court room
Doubts Clrcumittaatlnl lSvldenre,
William E. McKnally proved In
many ways a most acceptable candi?
date for the Jury box. He had read
reports of the Inquest and formed an
opinion, but believed he uould give a
fair trial, his opinion being based on
tho presumption that the main facts
prose nted in the papers Were true.
"There Is no question." said . idge
Watson, "but that a lady has lost her
life by a criminal agent. The ques?
tion here Is whethe-r the prisoner at
the bar Is or is not that agent.''
On this point the witness had formed
an Impression?lhardly . an opinion?
but thought he could still hear the
evidence and pass on the prisoner's
guilt or Innocence impartially. Rwry
one listening thought that another
Juror hael been added to the panel
until Mr. McKnally said that under
certain circumstances he had conscien?
tious scruples against the Inllictlon of
the- death penalty.
"The law fixes the penalty." said I
Judge Wutson. "for murder In 'hi'
llr.-t degree at ileath. If the evidence
Satisfied you of guilt, would your s Tu?
ples keep you from flnellriK the accused
guilty if you knew that death were
the penalty?"
lion OuDBCieutloua Scruples,
"As 1 said before, uneler certain cir?
cumstances." was the reply. The ve?
nlrcman explained that he had con?
scientious scruples against the death
penalty on circumstantial evtdjandc.
"Does the court understand you to
say that you would No; render n ver?
dict of guilty where death Is the pen?
alty, where you were satisfied of the
evidence, unless therc were an eye?
witness?" #
"Yes, or unless there were n direct
confession "
"1 think you should ask the Juror
If he is from Missouri." rugge.-ted Mr.
Wcndenburg. ' "He s?ems to want to
be shown."
"He comes* fri>m Virginia, all right.''
replied the judge, dumping Mr. Mr
Enally from the panel.
Terrenee K. McKnally, a brother of
the former venlrcman, was disputed
of In short order He had much the
same views, but went ?o far as to e.ti?
led to the death sentence In puiil-ih
ment of any crime, and was excused.
Seven men had been examined w.lth
no additions to the Jury panel, and
some began to fear that after all tho
panel could not be completed from tho
thirty men called. But the tide turned
with the next vonjreman called.
Thomas A. Hancock, of Sklnauarter,
was called.
"He Is not from Yellow Jacket?"
asked Mr. Smith, occasioning some
laughter.
Sheriff GUI replied that Sklnquarter
was a very different place. Mr. Smith
Admitted that he didn't know which
was better for his side,?In fact, Ho
didn't know where Yellow Jacket, was.
Tivo Jurorn Secured.
Mr. Hancock had road papers. He
could get rid of his opinion, but It
tvould hardly give a trial as though
he had read nothing. He didn't think
what he had road would Influence his
judgment?It was merely that he could
not forget It. He believed he could
give a fair and impartial trial, though
remembering what he had read. Cross
examined by Mr. Carter, he stated that
what he had read had made an Im?
pression, but he could be fair with the
prisoner. He had reaH only one side
In the paper to which he subscribe!
und had no fixed opinion. He had
!; Iked the matter over a good deal,
anil had oppressed his views more
than once.
He was seated In the Jury box as thn
thirteenth Juror, and the first addition
of the day. Mr. Carter noted an ex?
ception.
Lewis Robertson, aged forty-four, of
Clover Kill, a farmer, followed film
Into the Jury box. He had heard jcim
newspapers read, but had formed no
f!xe*i opinion as to the guilt or lnno
sence of the accused, and had not fol?
lowed the case elosely. fie had ex?
pressed no opinion, and did not think
he had talked with any one "to amount
:o anything" about the case.
"Have you any feeling obout the
leath penalty'/" asked the court.
"Yes. i have some feeling about It."
tnswered the venlrcman. "I have sym?
pathy for thf guilty man. but no con?
scientious scruples against finding a
man guilty because the consequence ra
loath."
He was arrepted without objection
in the part of the defense as the four?
teenth Juror, and at 1:13 the court took
i recess fus dinner.
JURORS LOOK UPON
PRISONER IN DOCK
Beattie Suggests Names of Four to Be Stricken
From List?All Preparations Made to
Begin Trial To-Day.
Henry Beattie and his father took
dinner together In a conference room
Just off the main courtroom. A tray
was sent over from the hotel. Atter
dinner, the crowd ' being ?mall and
there living no evidence of the slight?
est disorder. Henry Beattie was given
permission to stroll about the court?
house yard accompanied by Juliet
Cogblll. He seemed to enjoy the fresh
air, and wus willing to chat with a
passing acquaintance, commenting on
the fine old troes in the court yard,
and on the paaoeful appearance of the
surroundings. Ills brother. Douglas
Beattie, walked near, and the futher.
smoking a cigar, kept In sight. All
seem relieved that the preliminary
Stages were igearly over, and the in?
evitable battle really on Both father
and son posed readily for several pho?
tographers, showing great .patience,
and continuing their conversation In
an oven, unembarrassed tone. The
mid-day wnt warm, the courtroom
had been 'dose nnd hot. and all three
expressed regret when the bell an?
nounced that the recess was over, nnd
the time had come to return to court
Another JurOr Secured.
The afternoon session moved more
swiftly The first venlreman exam?
ined, W P. flonps, of Wlnterpock.
was accepted as the fifteenth Juror,
and the end of the tedious drawing
of venlromen was in sight. Mr. Roops
had no persons] knowledge of the
case, was not nelated to the accused
or his? wife; hud read a few papers
when the crime first happened, and
had formed no opinion, ife believed
he could try the accused the same ns
though he had not read anything.
"Should the prisoner be shown to he
guilty, have you any conscientious
Scruples against rendering a verdict
where the penalty would be death?"
he was asked.
"If the prisoner knew the law there
is nothing In my conscience to pre?
vent me from rendering a verdict on
the evidence," was the answer, and
Mr. Hoops wus accepted as tho fif?
teenth juror without objection on the
part of the defense,
James A. Spinner, of Beach, had
read the papers every day and formed
n fixe,! opinion. He was excused.
The Pnnet Completed.
M. V.. Blankenv.hlp, the third venire
man examined after the- dinner re?
cess, completed tho panel at 2:tn
o'clock. He Is thirty-eight years of
nge. lives near Petersburg and ban
lead the newspapers very little. Ho
had formed no opinion, and said ho
Judge Watsdn's
Charge to Jury
"You ?hnll Inquire nhcthnr tho
prisoner bo ^iilliy of murder n.-.
charged, or not guilty. If you find
him irullty, you nre (lion furthor 10
luqulro "hrlhfr It lie murder In the
nrnt ilrnriT or in tho Noenud drurep.
If you find him guilty of murder In
the flrM degree, you nhnll nny ho
end nothing more, In vrhlch event
tho punishment nhall lie deaths hut
If you find him guilty of murder
In the eeeond degree, you eh nil nay no
and shall fix bin punishment by con?
finement In the penitentiary at not
Irin thnn five nor more than elgh
teen yenrn.
"If you find him guilty of neither
murder In tho Ural nor second de?
force, but guilty <lf voluntary man
nliiuarhtor, you nhnll nay no, and fix
hin punlnhmcnt by confinement in
the penitentiary not Ion? thnn one
nor more thnn five yonrn.
If you lind du- prisoner not guilty
of murder nor of voluntary man?
slaughter, but ariillty of Involun?
tary mnnMluiiKhtcr, you nhnll any
no, nnd tlx hin iiunlnhmcnt In Jnll
not rxccedlnjr twelve monthn, or by
lino not lonn thnn ?5, or. In your
discretion, by both nucli flue nnd
Imprisonment In Jnll.
"If- you find file prisoner not
nullt v of liny of the ofYennen chnrKod
In the Indictment, you nhnll say no,
and no more."
could try the case In the same spirit
ns though he hud road nothing. Uo
had no personal acquaintance with th?
Accused. Cross-examined by Mr. Car?
ter, ho s-ajj he subscribed "to a Peters
burg paper, but had read little about
the crime. He hud talked very little
and expressed no opinion regarding
i!..- case. Asked as to his occupation,
he said he was assistant superintend?
ent of a silk mill. He was accepted
as the final or sixteenth juror without
objection.
The pane] having been completed,
the court recalled Messrs. lister and
Hullev. who had been reserved for
further questioning, and dismissed
them. The remaining twenty mem?
bers of the venire who had not been
examined were also dismissed, with
the ihar.ks of the court, until the next
term.
Judge Watson then re-examined
each of the twelve jurors accepted on
the previous day. Each one in turn
swore that since his acceptance ho
hud talked with no one in regard to
the cose, that he had permitted no
one to talk about the case In his
presence, ami that he had received
no Impress-Ion to change his mind or
the testimony he had previously given
as to his qualifications. Kach stated
that since his aceptanco he had read
no newspaper and felt that he could
give a fair nnd impartial trial.
Defcnne Striken Out Four.
The panel of sixteen Jurors havtna
beep completed, the book containing
the clerk's official list was turned over
to the attorneys for the defense, who
retired for consultation with their
client and his father.
Henry Beattie took an active part
in the conference In the side room.
After the attorneys had returned to
the murtroom. he continued in earnest
conversation with Mr. Carter, evi?
dently in regard to one Juror to whom
he had taken a dislike.
"Just a moment. Judge," put in Mr.
Smith, when the restlessness of those
In court seemed to show some sort of
Impatience. After further consultation
Mr. Smith closed the book and laid it
on Clerk Cogblll's desk. Mr. Cogblll
opened it, and while the faces of the
prospective Jurymen showed the deep?
est concern, found the place where the
list had been and where Henry Beattie
had run a pencil mark through the
names of four of the accepted venire
men. The court announced that It was
the right of tho accused, by peremptory
challenge, without assigning cause, to
strike, from the list the names of four
Jurymen. Each Juror looked more on
edge, more on trial, than did the pris?
oner at the bar.
"Tho defense has stricken from the
panol," read Clerk Cogblll. amid silence,
"the names of R. Honry Covlngton,
John T. Dance, J. C. Condroy and W. Y.
Ijtindy "
Jury Solemnly Sworn.
"Gentlemen, you whose names hav*
been called are discharged, with the
thanks of tho court," said Judge Wat?
son.
"Ton gentlemen understand th?
court," said Shorlff GUI. "You are dis?
charged."
The four men v/hose names had been
called loft the box silently. On th*
What Society Women
Use for Shampooing
"Many Roclety women," writes Mrs.
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Women whoso social duties occupy
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solve a teaspoonful canthrox In a cup
hot water and your shampoo la ready."