The times dispatch. [volume], August 24, 1911, Page 9, Image 9

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

Image provided by: Library of Virginia; Richmond, VA

                
remaining members fell the seriousness;
Ot the feet that a human life wue now
by law placed in their hands.
Tho Jury utood up and did each ot
thern ?'solemnly swear to nialio a true
dcll"erance and to render u true ver?
dict, according to tho law and tho evi?
dence, so help you God " The roll of
tho Jury wus cilled, and each in turn
answered clearly that ho had been duly
?Sworn.
"Tho court in ready to charge the
Jury." said Judge Watson.
"Stand up, Mr. Beattie," said the
sheriff, and the accusod atood In his
place.
"Gentlemen of the Jury," began Clerk
Cogblll, "look upon tho prisoner. He
Stands Indlct? il thus," and tho sonorous
periods of the long Indictment were
read clearly and slowly down to the
solemn ending which charges that
Henry Clay Beattie, Jr., "did kill and
minder his wife. Louise Wellford Owen
Beattie, ugalnst the peace and dignity
ot the Commonwealth." 11. C. Beattie,
8r., removed his glasses and leaned for
wurd beside his son. who stood erect,
without wavering on eyelid
"The prisoner has been arraigned on
this Indictment,' continued clerk Cog?
blll. "in response to the question of
the court as to whether he is guilty or
not guilty, he has answered 'not guilty.'
und put himself upon the country."
The clerk then read to the Jury the
following charge of the court, outlining
the various forms of murdei and the
duty ot the Jury.
Charge to Jury.
"You shall Inquire whether he be
guilty of the murder us charged or not
guilty If ymi lind him guilty, you
are then further to Inquire, whether i"
be murder in the first degree or In tht>
second degree Ii you tind him guilty
of murder In the ilrst degree, you than
nay so, und nothing more, In which
event the punishment shall be death;
but If you find him guilty of murder In
the second degtee ?QK ;::a!l ssy so,
end shall nx his punishment by con
lincmcnt In the pcnltentlury at not less
than five nor moro than eighteen years.
"If you Und him gulity of neither
murder In the first nor second degree,
but guilty of voluntary manslaughter,
you shall say so, at.d fix his punlsh
Baent by confinement In the peniten?
tiary not less than one nor moro than
five years.
"If you find the prisoner not guilty
of murder nor of voluntary manslaugh?
ter, but guilty of Involuntary man?
slaughter, you shall say so. and fix
bis punishment In Jail not exceeding!
twelve months or by fine of not less
than $6, or In your discretion by both
such fine and Imprisonment In Jail.
"If you find tr.cp rlsoncr not guilty
of any of tho offenses charged In tho
Indictment, you shall say so. and no
more."
Flnnl I,lit of Jurymen.
The final list of sworn Jurymen was
then culled, as follows:
1. N. W, Farley, foreman; age thlrty
Sovcn, q'Jurtyman, married.
2. E. L. Wilson, age thirty-three, car?
penter, single.
3. a. L. Fetterolf, age thirty-four,
contractor anil builder, married.
t Irving M. Bass. Jr., age thirty,
farmer, single.
6 V. W. Knaus, uge twenty-seven,
farmer, single.
6. W. Q. Burge.-s, age fifty-two, farm?
er, single.
T. Melville E. Purdy. age twenty
scvon, fsrmer. single.
8. Horace C Itobertson. ugc totty-]
.'mir, farmer, married
:< Thomas A. Hancock, age forty
four, (armer, married.
10, Lewis Itobertson. age forty-four,
farmer, married.
11 W. P Hooks, age forty-eight
fai rn< r. married.
12. M. E, Blankenshtp, age thirty
eight, superintendent tilk mill, mar?
ried.
No Opi-ntUR Slalrtjir-nU,
The Jury having been duly sworn,
.1 : Watson turned to ihe attorneys:
"Is It the de-ire of counsel to make
any opening statement to the Jury in
regard to the case?" he gsked.
"No. sir." answered Mr. Wojtderburg,
for the prosecution, promptly. Mr.
Carter conferred with his associate,
Mr. Smith, a mo:.tent, loaned over Mr.
Seherer and whispered to Mr. Wen- I
d( i urg, and then answered for the
defense: "Xo, sir." i
"Inasmuch as the witnesses have 1
betn summoned for to-morrow morn?
ing," said the court. "1 will now order
?n adjournment to 10 o'clock to-mor?
row morning.-"
During an Intermission which fol?
lowed, while the Judge conferred with
the sheriff in regard to some court
matters, Henry Beiiftio engaged In
conversation with Mr. Carter, of his
counsel, and Special Agent Scherer.
All three seemed much amused at!
some remark, laughing heartily. Beat
He straightening his face suddenly
when Sheriff Gill rapped for order.
Tho clerk administered an oath to
Sheriff Gill, Deputy J. P. Goode and
Jailer Cogblll In reference to the care
of the Jurymen, directing them not to
epeak to the Jurymen themselves in
regard to tho case or to permit others
to speak to them, and to bring tho
Jury safely Into court at such time as
the Judge might direct. AH three
kissed tho Bible and took the oath.
JnrT Locked L'J?.
"Mr. Sheriff." stated the court, "the
ftato allows $l.2S per day each for the
care of Jurymen. You must not allow
the Jurymen to separate from one an?
other or from yourselves. Should you
secure moro than one room, they
should open Into each other, so thnt
all of the Jurors may at all times be
in your sight or hearing or In that of
your deputy.
"Gentlemen of tho Jury, I am sorry
to Impose this seeming hardship on
you, but you of* in good hands, the
best the court has to offer you.
"I must nlso Impose on you the In?
struction not to read any newspaper.
Unless." continued the Judge, with a
twinkling glance at the busy press
seats, "you find sonic paper which has
been fortunate enough not to have
mentioned tne Beattlo case. if you
con find Hitch a paper you may read
it, hut not otherwise."
Short ft Olli escorted the jurymen to
the Chesterfield Hotel, nearby, after
the panel had stopped for a photo?
graph in the courthouse yard.
Beat tie Wnntn n lileyclc.
No formal motion was made in re?
gard to tho custody of the prisoner,
Henry Clay Boattlc, Jr. His brother
and father had hoped that he would
be taken back to the Henrlco Jail.
Douglas, Beat tie explained that the
ride night and morning would glvu
his brother a breath of fresh air dur?
ing the trying time In court. The
trial will now go on from day to day,
and no reason appenrod why the pris?
oner should not be confined In the Jail
provided by law. When court had
adjourned and Jailer Cogblll was
standing by his prisoner. .Judge Wat?
son said:
"Mr. Jailer. 1 desire that as far as
seems practicable you will allow the
prisoner some exercise In the open
air night and morning under your
guard, and at such times as there Is
no crowd about the courthouse yard."
"Can I ride a bicycle?" asked Henry
Beattle, catching at the suggestion of
exercise after a month of pa :tng the
corridor at the Henrlco Jail.
"I think that's r-jther going too far."
answered tiie Judge, smiling kindly.
"I will leave the manner of exereUe
to the discretion of the Jailer."
Quoll* nt Snapnltata.
Beattle was escorted to Iiis cell by
his father and brother ant] the Jailer.
For the first tltae since his arrest hin
nerve seemed for ,a moment to nave
failed him as Jailer Cogblll swung
back the iron doors of the little two
story prison wMv h stands in the corner
ut the courthouse yard
A half-dozen photographers rushed
up for snapsbops. Beanie, who had
allowed photographers to take ?11
manner of liberties during the day.
with a smile quailed at the thought of
ineing snappe<] as he entered prison
He pressed his hat close over his face.
Quick to catch his mood, his brother,
Douglas, held his hat also In frqnt,
and the father stepped to Vhe front,
directly In the way. and waved the
photographers back.
"I think he's done enough for to?
day," the older man said, and the
camera men fell back.
Beat tit's cell Is on tho second floor
of the Jail, a neat Iron-barred affair,
bare of all but necessities, but appar?
ently clean. The cot Is new, a
?blanket hides the nakedness of the
floor, but the young man's nerve al?
most, failed him at entering so coldi
and cheerless and lonesome a place.
Two or three negro prisoners packed
the barred windows of the first floor ?
begging for nickel? from passersby.
The father and brother remained a
few moments in the cell with the
young man. who was then locked In
by Jailer Cogibill. Mr. Beattle. Sr.. and
Douglas entered a public conveyance
and drove to the station at Centralis
for return to their .home In Si>Uth
Richmond. The family motor car is
still held as, an exhibit for the jury to'
see the blood spots <-/n seat and floor,
At the hotel provision had been
made for the Jurors One immense
room with seven beds provides their
sleeping quarters; the dining room la
In the hands of a caterer from Rich?
mond, and the jurors will have a spe?
cial table. For exercise they have the
whole countryside to cover", pro\ifed
Sheriff Olli will accompany them
FIRS! ON STAND
l "ncle of Murdered Girl \\ ill
Give Jury Its Opening
Evidence.
Testimony In the Beattie case will
open this morning at 10 o'clock, when
tho Commonwealth will begin to plsc?
on the stand Its main witnesses
Counsel for tho prosecution said yes
terday that it was their present plan
to open with Thomas B. Owen, uncW
of the murdered woman, at whos<
house she was staying, and to whose
home Henry Beattie brought the
bloody body on the fatal night
Through Mr. Owen tho fact of death
will be established, and the story told
by Beattie of the bearded highway?
man, the hold-up on the Midlothian
Pike by a stranger armed with a
shotgun at 11 o'clock at night will be
told to the Jury. The receipt of ttu
body and the first steps taken to
trace the murderer will begin a con?
nected chain which the prosecution
claims will certainly convince even the
Immediate friends of the prisoner of
his guilt. Dr. Wilbur Mercer, who
was silting on the lawn with Mr.
Owen that night, will follow. He also
heard Henry Beattie tell of the high?
wayman, of the attack, the shooting
of his wife, the scuffle In Which Beat
tle wrested the gun, and he was pres?
ent when the young man raced up the
drive holding the body, shouting. "My
Cod, she Is dead: My God. she is:
dead!" From that tho prosecution will
go into other aspects of the case.
I.ovlng'a Testimony .Nctv.
Dr. Mercer will tell of the examina?
tion of tho wound, the probing for
shot, the character of fractures In the
bones or the head, and of the slight
abrasion on Henry Beattie's nose. He
Will he followed 1?' Or. Herbort Mann
and Dr. J, G. Loving. It has been
remarked that the most exhaustive
examination of the body and of the
wound was made by Dr. Loving, I ho
county coroner, and that while he con?
ducted the Inquest, hn was not himself
a witness.
His testimony as to the nature oi
his medical examination will therefore
bo now, and may throw light on some
points still In doubt. Having set up
Henry Beattie's story of how the kill?
ing was done, the prosecution expects
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10 CENTS
Lay a 10c. package of ordinary Toasted Corn Flakes over above
see for yourself how much bigger this is.
The most "D-E-E-E-LICIOUS" Corn Flakes you ever tasted.
to riddle H?not only to show that It Is
not true, but that it could not hues
been true Then will cume the crucial
testimony of Haul Beattie. who bought
the gun which did the killing?bought
It according to his sworn statement
with Henry Beattie's money, and de?
livered It to Henry Beat tie.
Paul Meat tic's Alibi.
The list of defense witnesses indi?
cates an effort to attack Paul Beat
tie's story. Jn fact. it may aa
well be admitted that If Paul Beattie's
story goes to the Jury unimpeached
and unbroken, conviction Is almost cer?
tain. The defense has called Motor
man C. fi. Whttmore and Conductor 1.
G. l'acc, who claim that Paul Beattie
was on their car late on the night the
crime was committed. The prosecution
secured yesterday a sworn affidavit
from another employe of tho Virginia
Hallway and Power Company that ho
saw Paul Beattie on the. car operated
by Messrs. Wnitmore and Pace on
Monday night, not Tuesday night, and
this agrees with Paul Benttle's own
statement that he was out Monday
night, but on the Tuesday night of the
crime ho was nt home In bed. The,
btreot car man giving tho new state?
ment simply claims that race and
Whltmore are mistaken in tho night.
They admit that they have nothing
special to Identify the dats by, but
think It was the night before they
learned of the crime.
Sydnor for Prosecution.
Special Agent Scherer. In charge of
the Commonwealth case, stated empha?
tically last night that Dairyman Row?
land Sydnor would appear as a ma?
terial Commonwealth witness; that ho
had been regularly summoned for the
prosecution. That he has also been
summoned by the defense has occas?
ioned some remark.
Mr. Scherer said there was no doubt
whatever but that the prosecution
would put Mr. Sydnor on-as a leading
witness In Its main ease: that he was
regarded as a strong witness, having
given a complete statement some tlmo
ago, which had In part been corrobo?
rated from other sources. Mr. Scherer
seemed to hold to the belief that the
defense . would get but little comfort
from Mr. Sydnor's testimony, and said
there, had, noYtt fcoeja AP* 51HS?il?B. ??j
any time but that the Commonwealth
would put him on.
Mr. Wendenburg expressed the opin?
ion that the throe remaining days of
this week would be sufficient tor the
presentation of the easo of the Com?
monwealth, und that the defense would
have its inning early next week.
Mad .Varruw KnenPe.
What might have caused a sudden
and serious ending to the entire case
occurred yesterday murnihg, when the
motor car in which the prisoner was
being escorted to Chesterfield Court?
house narrowly missed being Just in
the path of a fast-moving freight train
on tho Atluntlc Coast Line Railroad.
The line is double-tracked between
Richmond and Petersburg. The car in
which the prisoner was seated ran rap?
idly up the embankment, with the in?
tention of crossing. Mr. Bohercr heard
the scream uf the coming train, and
wishing to take no chances, ordered
the chauffeur to stop. Just as the driver
was applying speed in an effort tu
spurt across abend of the oncoming
engine. Brakes were applied, and the
Car came to n standstill on the north?
bound track. The train passed three
or four feet In front, on tho south?
bound track. The train crew never
knew how near they came to having a
part In one of the most famous mur?
der mysteries of Virginia. Both Mr.
Scherer and young Beaitio said after?
wards that they were at no time In Im?
minent danger; that the train was
sighted In tlmr either to havo stopped
or to have bolted aoroas. It is one of
the risks motonsts take on railway
grade crossings.
WEEK-END
TRIPS CHEAP
Everybody will admit that tho week?
end rates offered by the Norfolk and
Western, between Richmond and the
seashore, arc cheap. The fare to Nor?
folk la only $:t.00 for the round trip,
and to Virginia Beach only 25 cents
more. The tickets are sold for all
trains Friday and Saturday, and arn
good for return uln unjll th.e follow?
ing Monday. '
Impassioned Address Before
Large Audience at
Suffolk.
[Special ti> Tho Times-Dispatch.]
i-"u(Toik, Vu? August 23.?Flaylnt tho mam.
bers of lh? stain Democratic machine ??
shameful, sinister sinners ugalnKt the moral
decency ?f the political State, formor Gov?
ernor Andrew Jackson Montague to-nltht
addressed ror more than two hours u birg?
audience at the Arailoiny of Music.
The alliterative alignment is not exactly
of Mr. Montague'* making, but the miti
?tsnc? l? correct. Some of the expressions
Mr. Montague unod were of ?'treiii'iin,"
"treachery" and "fat. fryers" smd of
"barks" ' llo.itlnc on Ihe surface of Vir?
ginia's political waters, tnsde murky, mud
dy and Stinting those who touched them, j
Mr. Montague has spoken In Suffolk sov
eral limes before, but never before ?.it. hist
plea .so ImUastloncd. The enthusiasm cd I
the audience seemingly was an Inspiration I
to added eloquence and oratory. The audi?
ence at periods seemed unable to restrain
Itself from outbreaks of applause a^ (he
orator time und a tri In would Indult? la.
flights or oratory. In which he appeared to
Inject feeling (hat was strong and d**p.
Montague in Norfolk,
[special 10 rho Times-Dispatch.]
Norfolk, Vs., August 24.?Bx-Qy>v?rnor
Montague to-day was the guest or the Nor.
folk Association of 1'rertlt Men at luncheon,
mid delivered an address on the relation of
Norfolk to the South American trade. He
said with the completion of the Panama
Canal the cities of the South Atlantic
.Suites would occupy a commuridlnft posi?
tion for the great volume of tra lo that
now goes lo Bntland und Qormany. Ho
advocated carrying American goods In
ships Hying tho American flat, and con?
cluded with the declaration that food busi?
ness \va? inseparable trom good govern?
ment.
Sent to Asylum.
7,ora Mttuhell, the Insane woman who
threw acid In the face of Dr. C. J3. Pear
ton, waa yesterday sent to the Hunters
Slate Hospital for tho Insuoo at William?
oun. <^
Subcommittee at Norfolk Or-,
ganizes and Will Start In?
quiry To-Day.
I Special to The Tlrncs-Dispatch. l
Norfolk. Vn.. August 23.?The sub-|
committee of the Slate Domocrutlo
Committee, appointed by Chairman
Bllyson to Investigate the charges of1
fusion and primary frauds In Norfolk]
county, lint nt the Monticello Hotel
lo-nlght nn<j organized, to begin tho
Investigation to-morrow morning.
William .M. McAllister, of Warm
Springs, was made chairman, instead
of Colonel .1. B. West, who declined
to serve, and rules of procedure wcro
adopted. There was much interest in
the initial st-snion. and a hundred or
more of the county politicians wit?
nessed tho prolonged disputes between
tHo lawyers. John' N. Sebrell, Jr., was
retained by the Fuslonlsts to take the
place of Captain J. W. (tapper, who
left this morning fo ?New York re-1
sorts because of 111 health. Sessions (
?will bo hold in tho Corporation Court-i
room of Norfolk. Indications are that
the investigation will last at least1
two weeks.
AMERICAN ASSOCIATION
At Louisville?Louisville, C; Minneapolis. 8.
At Indianapolis?Indianapolis. 10; Milwau?
kee. 1 (called eighth, rain).
At Toledo?Klrst game; St. Pad, 4: To?
ledo, 8. Second game: St. Paul, 1; Tole?
do. 3.
At Columbus?Firet game: Columbus, .1;
Kansas City, 5. Second fame: Columbus,
I; Kaum? City, 0.
Address by Congressman.
(Special to The Times-Dlsrialeh.J
Harrlsonburg, Va? August 23.? Fred.
S. Jackson, Congressman from thol
Fourth District of Kansas, dollvered|
the annual nddrena to-day before thoi
9UkU\ AOA'UAi lalA* Si ilW.^V.'?ilU?'tliU'\i
County Anti-Saloon League. Other
Bpeakors were Rev. Ed. J. Richardson,
Rev. J. I> McAllister, Dr. J. II. I.lxlit.
all <if the Virginia Anti-Saloon Loague,
Meeting 1'ostpoiied.
Because of political meetings on Monday
nlsht tin- meeting of the First Regiment
Association ha? beer, postponed to Tuesday
night In th>- Seventh Street Armory.
Athletics Defeat fnllrRlan!..
A flve-lnnlng baseball *,tme was played
lit Broad Street t'urk yesterday afternoon
between the Collegians und the Athletics,
Richmond Amateur League, thi! lot.
Iqr winning In the abbreviated contest of <
to 3. Owing to the uhsrnre of several of
ids players Dr. (".corse Bagby, manager of
tho Cnlleglnns. was called to the rescue,
and after attempting (Irst. seeond, third,
tlioit and leftfleld, backed when It wo?
proposed that he step In tho box. A fair
:rowd enjoyed the sport.
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