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GENERAL REYES !
IS STONED Bf MOB A.ccecl Mexican Warrior Made V i c t i m of Wild Rabble. DAY OF .DISORDER IN MEXICO CITY Followers of Madero Force Hi3 Opponent for President to Abandon Address at National Theatre?Police Attacked and Many Are Injured. Mexico City. September 3.?Stoned und forcibly robbed of 3.000 pesos to? day by a mob of Maderistas. In the principal thoroughfare of the capi? tal, General Bernardo Reyes, candi? date for the presidency In opposition to Franclfcco I. Madero, was forced to abandon an effort to address his con? stituents and to run the gauntlet of a Jct.-lr.g crowd upon whom the police hud served orders not to fire except! as a last resort. Repeatedly the police charged the turbulent clement, and the records of the Red Cross, the White Cross and tne commissaries account for forty three wounded as a result of the day's disorder, Most Of these were injured by stones, but tnanjr show bruises and gashes made by the sabres of the mounted police. Stoning Climax of Riot. The stoning of the aged genera) was the climax of a riot that began about 10 o'clock this morning, and had not been entirely quelled a.1 a late hour to-night General Reyoa was scheduled to: make his Initial speech ut tho cam? paign to-day in front of the hlg ten inillion-dollar National Theatre in course Of construction) LJarly this morning groups of Maderistas began forming In various parts of the city, und threats to interfere with the Re yeistas' meeting were heard. Shortly before 10 o'clock the par UbunK of Reyes began gathering in Avenlda Juarez and the two elements ? lushed near the western end of the Alamelda. Near this turbulent scene General Reyes, his sun Rodolto, and a group of party leaders drove in an automobile. Kar outnumbering uis ?supporters, the Maderistas crowded aboiut his machine, malting difficult lurther progress. Stepping from the car, the general rebuked the mob for its conduct, out his words provoked jeers, supplemented bl a rain of stones olid other missiles. The automobile was abandoned. Its occupants walked the length of the Alaine,da, a distance of four blocks, the croud following and throwing stoses. Mounted police who had been trailing the crowds now rode then horses Into, the mob. which gave way before them. Entering a building fa, ing the theatre, Reyes and his escort, were to the second story, where Reye? stepped to a balcony with the inlen tlon Of addressing the crowd. Victim of Huhhlr. Such was the disorder, however, that Reyes's escort attempted to dis? suade him from the effort. The old man would not be deterred, and raisi-J ins hand lor silence. Instead, the tu? mult grew and chunks of marble and rockt gathered from the ground about the new theatre were hurled at the white-haired figure. A number reach? ed their mark, and yet Reyes stood despite the efforts of his son to In dice him to seek shelter. For twenty minutes he remained there dodging missiles which wrecked the windows ?ind signs covering the front of the building. The police, hated by the popula'-e as the Instrument used by 1-Maz to maintain order with an Iron band, had drawn their sabres and < barged the crowd. Content with momentary success and remembering their orders to deal gently with the mob, the police re? formed after each charge and held their position on the opposite side of the itreet. Emboldened by tho knowl? edge that the police did not Intend to attempt drastic measures, tho rabbla turned its attention to them, hurling a shower of stones. Inside the building Reyes's friends had succeeded In convincing him It was useless to try to carry out his program. Rodolfo Reyes felt for his watch and It was gone. At least ?. dozen of the Reyelsta contingent had been the victims of plckpockuts. By a circuit? ous route the party went to police headquarters, reported their losses und then ptoceeded to the Reyes home. Meanwhile, in the centre of the city, the authorities still had the problem of dealing with the rubble. Orders were sent to the army headquarters und soon a troop of cavalry appeared, ostensibly to assist the polico In re sotrlng order. Tho army Is not hated by the lower classes as are the po? lice. The horscinon wore greeted with half-hearted cheers, although with sa ' ir.t In hand and cartridge belts filled i!i*y presented no reassuring aspect. Give Way Before Troops. in an effort to clear Avonldas Juarez and San Francisco, into which the rub? ble had fled, the troops were set marching up and down the thorough lares. Respectfully the rioters gave way be>ore their advance, closing in Immediately behind them, leaving tor the police tho unpleasant duty of charging and receiving each time a shower of missiles. At one point In Avenlda 8an Francisco the popular fa? vor for the army was shown by occu? pants of galleries, who threw upon the parsing column quantities of .'low? ers. Karly In the afternoon the main body of rioters was broken Into small j-rroups which paraded through tho streets, halting at Intervals to listen to a harangue by some member. Francisco I. Madero left town at 2:30 this afternoon for Pueblo, the first atop In his '"itinerary through the South. ATTACK ON POWER j OFTREATYM?KING I ?, California Will Assail Federal K ight s in Supreme Court. CLASH CAUSED BY ITALIAN ES T?TE State Officials Will Ask Court to Establish Precedent by De? claring Treaty With Italy Unconstitutional?Case Re? sembles the Japanese School Question. Washington, D. C, September 3.?1 One of the most serious attacks ever [ made on the treaty-mak'Dg power I of the United States will mark the : opening of the coming of the Supreme Court of the United State* next month. The Italian government, through Its consul-general on the Pacific .coast, will argue that the United States pos? sesses broad enough treaty-making power to deal with the settlement of i estates of foreigners who die In this I country without leaving wills. Public ; officials from California will contend , that the Federal government has no j such power, and will ask the court to I do what It never yet hau done, declare j a treaty unconstitutional. More than j that, twenty nations with treaties eltn i liar to this one between the United j States and Italy will await the decl , slon of the court. In many respects i lh>: question Involved resembles the j Japanese school question In California j during the Roomivell administration, i and It Is said that the decision would ! control the latfer qmextlon should It ever arise again. *l'lte Onne at lasiip. The case which the Supreme Court will be colled upon to conalder arose over the settlement of the estate of G?lseppe Ohio, an Italian, who die<j In ' San Joaquln county. Cat., without a i will, but with $1.064 In a bonk. Salvatore L- Kocdo, Italian consul general In California, claimed tne right to settle the estate. Bo did George U. Thompson, public administrator In I San Joaquln county. The Supreme ! Court of California. d<:atded against the ! Italian official. j A long at ray of counsel for the Ital? ian cause has presented a brief of Its j argument This brief points out that the present case was In litigation In ! California about the time the Japanese ' school question wan of paramount ln ; terest It adds: "While it la not In j tended to Intimate that this may have influenced the decision in this case. I which is not put on the ground of the , unconstltutlonallty of the. treaty clause i referred to, yet possibly the atmos i phere of the State of California may 1 have Insensibly caused Its learned courts to gravitate toward a view of ! State rlghfs. which seems in conflict i with our constitutional law and in ! conflict with prior decisions of the ! court of California Itaolf." May Overturn (iiivrmmrnl. Counsel for Thompson. In a brief lUeTT, dwells at length on the, power of the United States to make such a treaty. It Is asserted that If the treaty-making power can take away from the state the right to provide for the administration of estates within its I territory then there are no reserved i rights In the States aB against the j treaty-making power, and the treaty 'making power may overturn our en I tire scheme of government. The brief declares that such broad ' treaty-making power would reduce the States to admlnstrat've departments or j provinces of the Federal government, and reduce the Federal government It ! self to a President and Senate pos-, ! sessing the treaty-making power. NEGROES ARE IN FLIGHT I Sacrifice Property, and Xovr None Is lieft In Town. Caddo, Okla., September 3.?For the I first time in Its history Caddo to ! night has no negro residents. The I blacks have also fled from much ol the surrounding country. The exodus I started this morning from the tirst re? port of the killing of Horace Gribble a. white farmer, by negroes last night and continued throughout the day. Xa warning notices wero necessary. The blacks took fright at the temper ol the whites and feared to remain an i other night. All outgoing trains wer? crowded, while extra facilities were j required for the handling of their bag? gage and express. More than 1,500 ! purchased tickets for McAlesfir, Mus ? kogee. Atoka, Oklahoma, and Bonham, I Whiteright and Denlson, Texas, and I smaller towns. The ticket s?he? ' amounted to nearly $1.000. Cattle, hogs i and crop* were sacrifice^ at ridiculous ? prices in order to raise money, while much other personal property was left behind. Farmers were In an angry ; mood following the report of the klll j ing, but the community is quiet to i night since the negroes have fled. A j large Sunday crowd at the depot ! cheered each departing train which carried the blasts from the town. The three negroes arrested for the killing were taken In an automobile to Tlsho mlngo. Officers there at first hesitated i to keep the prisoners, fop.rlng a mob I would pursue them and attempt a I lynching. There w.-;s no ngltation here in favor of such a demonstration. BRIDEGROOM A SUICIDE GeorBe D. Atlee Shoots Himself After Honeymoon Trip. Philadelphia, Pa., September 3.? George B. Atlee, senior menvber of the Arm of George B. Atlee & Company, bankers and brokers, committed suicide to-day by shooting himself In the head at his home in Cynwyd, it fashionable suburb. lie had just returned from a honeymoon trip to Canada with his I bride of three months. Atlee. who was j only thirty-one years of age. broke down about four months ago from ! overwork and became a physical physical wreck from nervousness and I wreck from nervousness and In ' aomnla. BREAKS SILENCE Intimates There Was Deliberate Plot to biscredit Lim. THINKS PEOPLE WANT FAIR PLAY Refuses to Name Persons In? terested in Blackening His Reputation, but Makes State? ment in Own Defense. Quotes Letter Showing Confidence of Taft. Berlin. September 3.?David Jayne: Hill, the retiring American ambassa? dor, on the eve of his departure from ?fTerlln, has broken silence with re? gard to his retlgnatlon which was ac? cepted by President Taft last April. The ambassadnr gave out a statement to-day fritlmuting that there had been a deliberate intrigue to discredit him and misrepresent the reason for his resignation. "1 cannot leave Utrmany," says the amoissador, "without expressing ap? preciation of the kindness I experi? enced here, particularly from His .Majesty, who generously Intimated his wish to confer upon me an honor which the lavs of my country forbid me to accept I have, however, con? sidered It proper to receive from Ills Majesty as a souvenior of our agree? able relations a piece of percelaiii from the royal potteries, and I wish to make a public acknowledgment of this mark of friendship. ??Lea-end" Wildly Circulated. "At the time of my resignation In April there was much speculation re? gal ding the reasou therefor, and a legend concerning my course in the negotiations between my government and Germany over the potash contro? versy was carefully prepared and widely circulated, posit vely declaring on alleged authority that my conduct ?was displeasing to the Department of State. Under such clrctfmstances the duty of a ioyal diplomat Is silence., and faithfully I performed this duty. "1 have believed that the American people, careless as they often arc of reputation. love fair play, and know? ing thnt the official record there would speak the truth at the proper time 1 have taken no notloe of either the source or the. motive of these allega? tions I have now no comment to make upon them. "On leaving office six months after ; my tfcsignation I believe that it will be a pleasure to the President If I make public at this time an autograph statement made by him some months ago. which should effectually silence and extermlna? the lr>g?nd wrilch cer? tain newspapers 'nave endeavored to keep alive. Ho says: "'I write now to assure you that I never had the slightest reason to criti? cize your course \n? service at the very Important post oi BerlllJ- You have vindicated your appointment In every way, and it has given me pleas? ure to deny emphatically and catego? rically that your resignation grew out of any disagreement on the part of the administration with your conduct in this country's relations with Germany In regard to the potash or any other question.I write this to you for you are entitled to have a full state? ment as to your satisfactory serviee. written by him whom you have worth? ily and well represented at the great capital of Berlin ' " Honor Guests at Luncheon. Ambassador Hill was not willing to Indicate more closely the persons he believes were Interested' in discredit? ing him. The ambassador and Mrs. ilili will leave Berlin to-morrow ufter r luncheon which will be given in their honor by Herr von Klderlen-Waechter, Secretary of Foreign Affairs, to which Dr. von Bethmann-Hollweg. the Im? perial Chancellor', Representative Rich? ard Bartholdt and C. B. Wolffrarn. the special ambassadors of President Tnft to the unveiling of the Von Steuben monument; Brigadier-General B. A Garllngton, Inspector-General of the United Stutes Army, and Grigadier General William W. Wltherspoon, United States Army, and Brigadier Army War College, have been Invited. The porcelain to which the ambassa? dor refers is a magnificent vase, three feet in height, decorated with pictures of the Emperor's palace. Sequel to Old Stories. Washington, September 3.?Ambas? sador Hill's statement regarding his resignation from the Berlin post was] n sequel to stories set afloat upon the announcement of his resignation Jast spring and his own declaration later that neither potash nor lack of wealth j had anything to do with his retire- I mcnt. The Inference was that the post at Berlin, a highly desirable port? folio, was wanted for Ambassador Delshman, then at Rome, next in rank for the place, and a close personal friend Of Secretary of state Kpox. Mr. Ltelshman was htter appointed. Act? ing Secretary of State Wilson \v>s in j Baltimore to-night, and no |o/ jvas obtainable from the department with j regard to the Incident. When I'M. Mill's appointment at-Ber-i lln was decided upon three and a half ' years ago. it was announced that ho was personally unacceptable to Em- : per or William, and that he had of-: fended Prince Henry on the hitter's visit to tho United States In 1303, hu: I these were quickly dented. The Em- ; peror announced he had no objection whatever to him. Dr. Hill had m> 1 sooner reached his post than gossip usaln became active concerning him- ] self and his family and their demo-] critic ways. Since the resignation In? cident last spring there has been a general shift in the diplomats ser? vice, Huge I'lnnt Destroyed, Winnipeg, Man., September >.?The huge plant of the Hall of Mines Smel? ter Company, covering thlrrcon acres of ground, just outside the city of Helson, B- C, burned to-day. The ions Is $750,000. 1 BEATTIE EAGER TO TAKE STAND AND GIVE JURY HIS ACCOUNT OF MURDER Prisoner Ready Now for His Final Fling With Death. TRYING ORDEAL COMES TO-DAY After Waiting for Three Days to Testify in His Own Behalf, Beattie Will Meet Wen- 1 denburg on Cross-Exam ination in Terrific Battle. ?< Ready now for his final fling with death, Henry Clay Beattie, Jr., charged with the brutal murder of his wife, will go upon the stand In the Chester? field court to-day, and tell in hlB own words exactly how she was shot by a highwayman while motoring quietly along the Midlothian Turnpike at night He Is eager for the supreme offort?eager to give that Jury a story of the crime from the lips of the sole,' eyewitness. There can be no testimony! from the highwayman himself, who has vanished; should he come forth it would simply be to utter his confes? sion and ask for mercy. The twelve men who have listened patiently to the evidence for the past two weeks are ready, too, to hear the closing word from the prisoner at the bar. They have seen highwaymen flit across the stage: they have heard of the prisoner's alleged confession. Bent to the world in the voice of the cousin: j they have been silent while the State ? was building up its proof that the gun j was bought by Paul, they have seen j that same gun In court, blood-stained j and ghastly?the one bit of physical evidence that may send Beattie to his doom; And now they are waiting for : a story of the crime from the Hps of I one accused. IVultlns for Three Dnyi. For three days Bcuttle has been pro pared and anxious to give his evidence In court, but ..13 lawyers waited while building up a fabric of defense or else attempting to tear down that which ! wus built by ..ie State. The last word ; Is In?only the prisoner's evidence mu.-t come before the case of the de? fense Is closed. As he steps quietly Into the witness chair this morning Beattie will find himself in kindly hands. L.ed through ! the tragic events of that still more j tragic night by Harry Smith, his friend, j he will give to the jury a clear, cold statement which he hopes will send him ! forth free and unafraid. The direct , exajtilnaf!on need not be long, but j will be sufficiently long to give the boy his bearings?to let him feel his , way and be prepared for the most ter : rible ordeal of hl3 life when he falls ' Into the waiting claws of Wendenburg. The sudden shifting from the pleasant I lanes to the road which leads perhaps I to death will cut to the heart. From ; the prosecution he expects no mercy ', and no mercy will he get. Must Keep Hin Hend. Once he breaks under the cross examination?once he loses control of j that nerve which has stood by him i through all these cruel dtyi?his caae | will be hopeless. He must ke-?p his. head, and those who have watched' him In'the court believe that he willI come forth unscathed. The only fear: la that he has been over-train."-.I. that he has been waiting so long for this vital day that he will fall to measure! up ajs the man of steel. Regardless of: that evidence which has been heaped! up against htm. regardless of that, chain of circumstances which Is weili nigh complete, he must stand or fall! on his fling to-day. There is sympathy somewhere for | this hoy waiting now within the' shadow of death. There is sympathy for his old father; there Is sympathy] for that little sister at home?for that motherless babe that may yet grow up| under a blot more terrible than th.at! which has stained Its name before. But j j there Is not much sympathy for the! prisoner from those who believe In! his guilt. Under that wise law which lifts the; jury beyond earshot of the public, j beyond reach of newspapers, the \ twelve men who have the fate of I Beattie In their hands are deaf to the' clamor, the talk from without. They must measure the case upon the ev|-| dence; they must say if that evidence; proves beyond all doubt that the ac-1 cused is guilty. . Under the common I interpretation of that same law he ; must either die or go free, for first' degree murder Is the charge against . him now. There is always, however, the possibility of a mistrial, and a mistrial In a case like this invariably P'ays into the hands of the prisoner . at the bar. Expect Great Crowd* To-Day. Though tr.e scene was qylet yester- ' day, already there are indications that the little courthouse at Chesterfield will be banked by a moving multitude to-day. The holiday crowds will un odnsotousiy be drawn In that direction, ; but they will not see und they w'H ] not hear. The space In the courtroom cannot hold more than u carload of j travelers. Win, th? expectation or rushing thej trial with all due speed without vio? lence to the court, the session to-duy 1 may be prolonged Beattie will go upon! the stand as the echo of the opening' cry is resounding through the room. I Two hours ni the most may be suffi? cient lor the direct examination, and, then Wendehhurff will take him In hand and still huvo him in hand at the recess hour and again In the afternoon. When he is done there will, come the State's evidence 'n rebuttal,: but at best the verdict will hardly ho! reached before, the end of the week.: Beattie held his own 1 emnrkably 1 well with Wendenburg at the coroner's! inquest, but at that time Wendenburg h.'d only been an hour In the case. The! evidence has been gathered since.' Little things and b?g things, nil in-1 erl.utlnatlng, have been revealed since the day of Beattif's'arrest. There is! much to bo explained, much to he made clear. Should he collapse undeer (Continued, on ThixdHpiuceli HE7STIY C. BEATTIE, JR. Photo by W. W. Foiter. BEATTIE'S EVIDENCE AT CORONER'S INQUEST WILL FIGURE TO-DAY Complete Report of What He Said, Before and After Arrest, as to Murder of Wife by High? wayman on the Midlothian Turnpike. Denied Paul's statement. On the confession of his cousin. Paul Beattie, that he had purchased and delivered the gun with which Mrs. Beattie wus murdered, Henry Clay Beattie, Jr. was arrested at his home on the afternoon of July 21, on a charge of wife-murder. He had been on the witness stand for some time that morning at the home of Coroner | Loving. When he went to his father's, residence for dinner he was not under] arrest; when the afternoon hearing \ was resumed he was in custody. The Tlmes-Dlspatch of July 22 car? ried B full report of the inquest. The] examination of Henry Beattie on that occasion maa- have strong bearing on | what he may say at the, trial to-day. The report Is reprinted below: Attorney H. M. Smith rose and stat? ed that it was proper for him to Say under the clrcumstnnces that as 're? vealed by the newspapers, and from ! the conduct of the Inquiry, a suspicion | was Oirected against ti. C Beattie. Jr.;| husband of the murdered woman, and ; that on advice of young Seattle's I friends he had been requested to be j present. Mr. Smith declared that he! had advised Mr. Beattie to tell every- j thing he knew in relation to the kill- j lug of his wife. Ucattle Teil? Story Again. ? Judge Gregory resumed the ques? tioning Interrupted at the former sit-' tip-.; by the Inability to secure a Ste? nographer! iisklng young Beattie when, where and under what circumstances i und by What means Alts. Beattie camej to her death. Beattie thereupon told j again or tn'j night of the crime In1 detail, saying he had left the Owen ? home to go to a drug store to get a ! prescription Piled for Airs. Owen lt| was about 10 o'clock, and he had aug- I Rested that the drug store might ho.' closed. Dr. Mercer, who had written the prescription, said the next hion- ? Ing wojlld be time enough. j With his wife In the car lie drove to Washington ft Karly's drug store, Iii ' Swaiutboro, which was closed, but the > dork was sitting In the rear and an? swered u knock. The clerk went back j to fill the prescription and Beattie j stood on li, running-board of the car talking with his wife, who asked him ] to get her a box of candy. lie p.ild j for the prescription when ready, bought j the candy and .started the cat out the > Midlothian Pike Before turning Into J North Street to reach the. Owen homo, i his wife proposed a spin up the road. It was not necessary to get back with the medicine at once and he consented "I went on out lite turnpike." he con? tinued. "We passed one auto Hying. Jt left a lot of dust, and as we were run- j nlng slowly we had the dust for several! squares. Whon we saw unother. my: wife suggested that we go faster ao as to leave the dust for them. We pass- i ed a third car coming this way as we were going out. We kept on to the | place where 1 turned around. I can j show you the oxact spot whore we ran Into a gateway to turn outj hut t don't know whoso place It was. "Wo had started biu:k, and had got-' ten perhaps a half mile or a mile, coming a Ion R talking, when I saw some object m the road. I put on the brake ana the car stopped with the man at the sloe of the machine. He spoke up, 'What the hell are you trying to do? run over me?' 1 said we ought to have done It; that ho had all the road and plenty of room. I reached down and put on the clutch to sturt. when he said 'Stop! If you don't I'll shoot you," and raised the gun and pointed It at me. 1 had no Idea he would real? ly shoot, and started th: car. .lust as 1 did he raised the gun and tired. I pulled the brake on hard and the car stopped instantly. My wife fell over behind me as r leaned forward In the. seat. "I Jumped out and started for him, running back all the length of the car. He caught ;he gun by tho barrel and threw It up to hit me. 1 caught tt;e gun as it came down, broke the strength of the blow with my hands, | and jrot this blow on the nose front I the end of the stock. I held on to the. gun, and either the force of the lick or my pulling made him let go. and 1 tell back In the road. I sat down, as | it were. I Jumped up as he was run- i uing away. ! threw tho gun In the ' back of tiie car and found my wife , had fallen over on the bottom of the car. 1 picked her up, resting her across the two scats, and tried to feel he.- puls- and heart, but I was so ex? cited I couldn't tell whether they were heating or not l e.illod for assistance and blew my horn. No one cam", so I started hack to tho Owen home. "About half way back the front lights went out, either from fast run-j nlng or from getting water in the j tanks. I jumped out a:\d looked in j illy coat for a njatch, an.i found It itiie coat) on the rejtr seal. I lit the lamps 1 and ran down to the Owen place." ! Mr, Smith ohfocted to his client's ; Cigarette us not proper oil the witness stund, und the examination proceeded. ? As to the position of Mrs. Renttio in the car after the shooting, the wit-1 noss said he found her with her head toward the wheel lying down on the Iloor doubled up. Ho pulled her up ] by her waist Into the left scat. Wherri he held her with hor head bent over forward. Her feet were banging out, on the left side, no that he stepped on j her clothes in getting In the car Siiarpl; Questioned. "If your wife fell as you have do Scribed," he was asked, "can you ox- j plain why there Is very little blood 1 in the bottom of the car. and why most of It is under your seat? Why Is It that the pool of blood didn't show In the bottom, but only In tho seat?" "1 suppose It was while I was hold? ing her. I don't know how long she fell over." "Can you give any explanation jt tho pool of blood In the road?" "I didn't know it. was there until they showed It to me." "Why didn't you arouse some nelgh (Contlnued on-Third Pago.) Would Testify, He Says, Even if HeWereto Die the Next Moment. NOT afraid Tq FACE ACCUSERS Prisoner Admits That Friends Have Urged Him Not to Give Evidence, but He Is Unwill? ing to Remain Silent "When Others Have Branded Him in Court. Glad of Chance to Go on Stand "I am very Bind to get thin op? portunity of going on the ntand. In fact, tbey couldn't keep me oft If they tried," said Henry C. Beat tic, Jr., laut night. "Han anybody tried to keep you from tbo witness stand?" be \\un asked. "Yes, some people think I would weaken my rose If I sbould testify, but I have told them, and I say now, that I'd bo on that stand and tell a story If I thought I were going to lie killed the next minute. I want to tell the Jury my story, and when they hear It I am confident that their verdict will estnbllnh my Inno? cence and thnt I will walk out of that courtroom n free man." BY A. R. W. MACKRETH. Chesterfield Courthouse, Va,. Septem? ber 3.?Seeing before him a hope of a future in whlc-n the shadow of a death by law shall no more hang over his head, Henry Clay Beattie. Jr., charged with the murder of Ms wife, stated emphatically this afternoon that he would go on tue witness stand to? morrow morning and tell In his own way and In his own words the story which he believes will save his life. Though he Is beginning to show signs of the terrible strain under which he haa been laboring, the pris? oner la still choorful, and arenas to have no dread as to what tho day will bring forth. He has spent much time In reading over the "minutes of the coroner's Inquest, the verdict. o| which charged him wUh murdering his wife, and the story which he wlU tell to? morrow .will vary not a Jot from the story he told before. Certain He Can Convince Jury. B?attle Is anxious to go on the stand, for he appears to be firmly con? vinced that he can convince the Jury of his Innocence. Harry iL Smith. Jr.. of counsel for the defense, seems, too. to bo saUsfied that the twelvte men "will belleva Henry rather than his wealei^g cousin, the boy upon whose testimony the -prosecution res^s Its chief hope. Mr. Smith, accompanied by Douglas Beattie, visited the accused and held a brief conference with him this after? noon under a wldespreadlng oak. As attorney and prisoner monferred in the open, the twelve men upon whom Henry's fate must finally rest reclined not far away under anothor tree. Just before Mr. Smith departed a .staff correspondent of The Times-Dis? patch was allowed to speak to the prisoner. "I am very glad to get thla oppor? tunity of going on the witness ntand," he sold. "In fact, they couldn't keep me off If they tried." ??Has anybody tried to keep you from the witness stand?" lie was usked. "Ye", some people think I would weaken my case If I should testify, but I hare told them, and I say non, thnt I'd bo on thut ntaud and tell u story lr I thouRht I were roIiir to be killed the next minute. I want to tell ' the Jury my story, nud when they hear it I am confident that their verdict will establish my Inuneenee nnd that I will walk out of thnt court room a free man." Certain of Acquittal, . Beattie spoke unreservedly and em ! phatlcally. Whatever others may think, [ Henry Beattie believes that he will be acquitted of the charge of murdering his wife. He stood for a few moments nervously picking his teeth and watch? ing his attorney and his brother enter an automobile In the roud. He waved his hand in farewell and patted it collie dog which dashed up to- where he stood. But his respite was brief. Jailer Cogblll laid his hand gently on the young man's sleeve and slowly they walked into the Jail. Mr. Smith appeared more enthusias? tic and hopeful than he has appeared since the beginning of the trial. "I am ' confident," he said, "that Henry can clear himself. .lust consider that what lias been s.tld against him has been, entirely circumstantial evidence, and Mr. Kastelberg's testimony shows the danger of relying upon circumstantial evidence. It was only by accident that we discovered Mr. K?stelberg, and we had almost to drag him Into court. m& testimony jhows that It was he whom the boys saw fixing an automobile on tho side of the road the night of the murder, and doesn't that raise a big doubt as to the a?her evidence Which the prosecution has brought out? "It's a question of veracity between Henry and Paul." he went on. "and I reckon the Jury will soon decide tht> issue when they hear Hetirv tell his own story of the nffalr. je* "In my experience I ha\o always found that an Innocent man wants to tells his story to the Jury. I leave It to the prisoner himself to, determine whether he shall go en the stand, and Beattie has always been insistent that he shall tell his story in his own way." PrlKoner Karly to Bed The Jury spent the day comfortably walking about and Joll'ng under the trees on the court green. In the morn In? thev -.vent to Salem Ritpt.lst Church, where two pewa were reserved for them. The pastor bad l.e.-n forewarn* ed that they would attend, and tuere (Continue.1 on Third l'"<o,>~