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The times dispatch. [volume] (Richmond, Va.) 1903-1914, September 05, 1911, Image 11

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FULL STENOGRAPHIC
REPORT OF BEATTIE'S
DIRECT EXAMINATION
(Continued from Eighth Page.)
rolatloriB between you and your wlfo
uii to the, time of her death?
Never u f'rosa Word.
A. I never spoke, a cros& word to my
wife in my life, or she" to myself. As
fur as our relations were concerned.
She and I both always were of a most
affectionate nature, and 1 don't se<?
...how anybody could have been any
happier than we were.
Q. You never spoke a cross word to
her In your life, end she never spoko
one to you?
A. -No. sir, and can't any one say ?o.
either.
Q. You challenge contradiction on
that point, do you-:
A. Yen, sir.
Q. Was there any reason for her to
be unhappy, that you know of?
A. Not a thing In the world that t
know of,
Q, Did she know, when you married
her. of your former relations with
Beulah Blnford?
A. Ifes, sir. everybody In town knew
It
Cj. Everybody might have known It
except the ladles. Did you tell your
wife about it?
A. I told her everything.
Q. You made a clear, breast of it?
A. Yes. sir.
Did Not Know All.
C>.~".Vhfl you suy you knew of noth?
ing to make her unhuppy. Did she
know of your visit to Norfolk and
your resumption of your relations with
Ueulah Hlr.ford?
A. She knew 1 had been to Norfolk,
but she didn't know 1 had seen Ueu
luh Blnford.
Q. How long before you went to
Norfolk did you know that Beulah
Blnford was there?
A. I knew she was there?I don't
know, about a weck, I reckon.
Cj. Was that the controlling motlva
of your going to Norfolk?
A. No, sir.
Q. Now you can state how you hap?
pened to ko to Norfolk.
A. Well, I had been talking with
my father about taking a little trip,
?that I wub feeling bad. and ElMy
Sampson and myself decided that wo
would go down to tho races. We had
been talking about going, and after
that some time?I don't know. It might
have been a week after that?he said
he had sotten a letter from Ruulah
end said she was In Norfolk.
Q. Now when you went to Norfolk,
did you see her?
A. Yes. sir.
Q. How long were you with her?
A. Two doys.
Q. You heard Billy Sampson's state?
ment about that trip; Is thut true?
A. Yes, sir.
Q. Did you go with her to the dif?
ferent places and the sort of Joy
rldeh that he described?
A. Yes, sir.
He Went to .Norfolk.
Q. Did you automobile out to I'iney
Beach, or whatever It was?
A. I don't know whether we went
to I'iney Beach; wo went riding In
an automobile, I don't know exactly
wbero It was.
Q. When you left Beulah Blnford In
Norfolk, did you expect to see her
ii gain?
A. No. sir. She asked tne there, if
she came to Richmond if I would see
her, and I told her positively no.
Q. Did you tell her good-by, expect?
ing to ace her again?
A. I never expected to see her again
n? long as I lived. In fact, she told
mo that her husbund was coming to
call for her In a little while.
? You came back to Richmond then
fibout the first of May. When was
the tjext time that you saw Beulah
Blnford, or heard of her?
A The first I heard of her. Billy
Sampson called me up one night and
told me that Beulah was In town on
her way to Danville, and asked me to
come over with the car, and I went
('Vit and met them between S and U
o'clock on Grace Street In Richmond.
Q, Did you know what sho was go?
ing to do in Danville?
A. Yes.
Ci. Did you do anything to dissuade
her from leading that life?
A, No, sir.
Q. What did you say?
A. No. sir.
First llefuned to See Her.
Q. What made her stay In Rich?
mond, or what made her change her
mind? Did you do anything to dis?
suade her, I said, from going to Dan?
ville, etc.?
A. That was the night I met her
about two weeks after that, a week
or ton days, 1 forget what time it
was; she called mo up one night and
asked rno to com.- over. I told her
no, that I couldn't see her. She called
ine up the second time and begged mo
to see her, that she was going uway.
J went by that night and she asked
mo If I would help her to stay here
in Richmond, that she was going to
w/irk, that sho didn't want to go to
Danville, and I told her If she tried to
flo right. 1 would help her out. Sho
Is not the tlr.it girl that I have helpod
out.
MR. WENDENBCRO:?Tf Your Honor
please, are conversations between the
sccused and this woman evidence in
this proceeding for any purpose In the
world?
THE COURT:?It wns suggested
on a former day of the. trial, i don't
know how much CommonwenIth's tes?
timony there was to support the f-vg
gestlon. that the purpose of the Com?
monwealth was to establish that the
prisoner at the bar was responsible
for her location In Richmond, and for
he.r re-establishing her residence, there.
On that particular point testimony has
been allowed to go to the Jury of
1. r declaration when she mine to
Blc-hmond. of her purpose to remain,
or otherwise. Such declarations made
to the prisoner would he about as
much evidence ss the declarations
mnde to the witness Sampson, and told
hy him while, on the stand. I would
limit It. however, to the declaration
mado about her purpose to remain
here, about the time she enme.
MR. WENDENRCRG:? Can he relate
V. e conversation?
THE COURT:?No, sir, except so far
as she expressed her purpose to re?
main in Richmond, or otherwise. The
details of tho conversation are not
evidence, except on that particular
point.
MR. SMITH:?I think I appreciate
t o rullnpr of tho court, and i will
^ry to abide ? by It.
Question of Letter.
Q. Mr. Beattle, It has been Intimated
tr-.- ?
The Virginia
Home for Infants
100 West Clay Street,
Klchmotrd, Va.
We have several nice healthy babies
Which we want adopted by responsible
f)er?nna. Write us or call and see them.
In thi examination of witnesses, nnd
I a letter lias been shown. I forget
I whether at the coroner's Inquest or
I here, In which there Is en Intimation
that you wanted to set her up In
housekeeeplng and furnish a Hat for
hjr. und rent a flat. State all your
knowledge and all your connection
,n that respet t.
THE COURT:?Tho witness can see
the letter If It wishes.
MR. SMITH:?Yes. sir. I will call
attention to that.
Q. .lust state nil you know In
reference to thai"
A. Well, her sister and her brother
in-law. Mr. and Mrs. Rowers, told
her that she could not live with them
any more, nnd she nskerl nit. If I would
help her out. that she, hud to ?et a
room somewhere, and asked me If T
would help her out. I said that I
would. Marie Wells, one of the Com
! men wealth's witnesses, is another girl
I that I helped out In the same way.
and If she was hero she would tes
i tlfy to that .art. ;t doesn't show i
j love a girl because T try !? help her
out In that way.
Q. Marie Wells has not been put
on the witness stand, has she?
.. No. sir.
t And she way here, niimmoned for
the Commonwealth?
A She was summoned. I d">n't know
whether she was here or not.
Wants It Rxcllided.
MR WENDEN BURG:?We ask that
that he be excluded.
THE COURT:?1 do not think that
j his conduct with other women Is In
j Issue here.
I BY MR. SMITH: ?
Was It r.long about the same
time. Mr. Beanie"
MB. WENDENBURO:?The evidence
Is excluded: how can you examine
about that'
MR. SMITH:?I think If his conduct
towards one woma,n Is c'ttd by the
Commonwealth to show that he was
Infatuated with her. or that he was
In love with her. or that she had some
control over him. the fact that he
lent a helping ha-d to another wo?
man of the same class and about the
l ;me time Is very pertinent.
li.E COURT:?H. might state In a
general way that he helped other peo
; pie under the lam" circumstances, but
] If he goes into details, the Common
I wealth will have a right to rebut It
MR. WEND EN B?RO:?The woman
might be In New York. Now could we
get her?
MR. SMITH:?We don't know but
v hat she Is in Jail. You may have her
out In the road, waiting, for wh"t we
know.
C>. Vou say you have helped others,
and that Is n-> Indication that you care
more for o.te than another, the fact
that you helped her?
A. No, sir.
Q. You h?ard the letter that was
read here; was that In response to
' your promise to help her, the letter
1 that has been Introduced In evidence
I here without a date?
A. Yes. sir.
Kxplnlns It* Meaning.
Q. Mr. Beattle. there Is some rather
extravagant language u?ed In that let?
ter. Please explain what you mean
by that?
THE COURT:?He may see the let?
ter.
MR SMITH:?I reckon he remem?
bers It If You- Honor please; it Is
the only letter that has been Intro?
duced.
WITNESS.?There Is one word In
there that I would like to correct, I
dor.'t know whether it makes any dif?
ference.
THE COURT:?Do you want the
letter. Mr. Beattle?
WITNESS:?I would like to see It
Letter beginning "Dear Kid" and
signed "Hon." was handed to witness
WITNESS:?That word "well" there,
they have been readl. g It hero "will"?
"Will he good." It Is. "Well, be good."
It Is Just as you would end a letter
to a fellow or anybody eJse. "Well, be
good." The "e" Is not dotted.
BY MR. SMITH:?
Q. That Is Just a conclusion. Is It,
Just a parting salutation? ,
A. Yes, sir, as you would put to a
letter to n fellow or anybody else;
not that I would he good: and the copy
at the coroner's inquest was, "Well, be
good," too.
Q. They did not raise any objections
then, did they?
MR WENDENBURG:?We object to
that, that we did not raise any ques?
tions at the coroner's Inquest.
THE COURT:?The question Is what
Is the proper reading now: the letter
speaks for Itself. If It Is "well" It is
"well"; if it is "will" It la "will."
WITNESS:?-This is the first time I
have seen the letter to read It: as I
remembered It, It Is "well."
The letter was shown to the Jury
Form of I'nrting.
BY MR. SMITH:?
Q. Is that a customary form of part?
ing with you. "Well, be good"?
A. Yes, sir, and >? 1 th lots of people.
Evervbody knows that; when you leave
a person, whether It Is a fellow or a
girl, or any one else, they say, "Well,
be good."
Q. Now there Is some right extrava?
gant language in that letter; please
state?
A. Well, no more thvn a little taffy,
or giuh.
JUDGE GREGORY:?Is not that for
the Jurv to fnterfiret?
THE COURT ?The language?
JUDGE GREGORY:?Yes. sir.
THE COURT:?Of course.lt Is for the
Jury to Interpret; tho witness can say
what he meant, and then tVe 3ury will
decide from his statement and all the
evidence in the case what he meant.
RY MR. SMITH: ?
Q 1 want to ask you the poipt
blank question. Mr. Beattie. did you
have any real love for that woman?
A. No. sir.
Q. Any real affection?
A. No. sir.
MR. WENDENBURG:?That Is cer?
tainly leading?asking him what his
feelings were.
BY MR. SMITH:?
Q. I will ask you that.
I A. As I said, I could not lova a wo?
man that I could not respect or trust;
don't anybody el?e, I don't reckon.
Q. Now, Mr. Beattle, you ran with
her; when she came hack here to Rich?
mond you did run with her. didn't
you?
A. Yes, sir.
Denies Paul's Story.
Q. Now, Mr. Beattle. will you please
stato If you met Fjul Beattle on the
Thursday night preceding the homi?
cide and commissioned htm to buy you
a shotgun, and all that ?ort of thing?
A. IC I did?
Q. Yes,, state whether you did.
A. No, sir.
Q. If you had wanted any firearms,
was there any reason why you should
get him to get them?
A. I think not, especially !' I had
wanted them for anything of that
kind.
Q. Did you have access to firearms
In your house?
A. Yea, elr. J
Q. DM you nee him thnt Thursday
night at nil?
A. No. sir.
Q. Now wo come to Saturday night.
How many times did you see him
within a week or'two week? or three
I weeks of the murder? *
A. Wen, he was over there in the
More about a week. It may have been
; two weeks, before tho murder, and
that was the time he was talking to
me trying to put his brother David
In the navy, and then I hid the argu?
ment about the property that Iii?
mother had left to him He said he
had got'en a lawyer to look after his
Interests: that my father-had been
trying to cheat them out of It.
Sun Ulm In Store.
Q. Did you see fcim the Saturday
( night preceding the homicide?
A. I saw him In the store the early
part ot the night, and when I closed
the store that nigh/., or rather, my
side, i was going out to light the big
light* on my machine, when he came
from towards Twelfth Street and risked
mu Where r was going! I told him that
I was going to Richmond, and If he
was going over, to com" on. and I
would take him over.
Q. Did you have any engagement
with him to come over?
A. No. sir.
Q. What time did the store close, can
you state It accurately?
A. Wen, we have a time to close the
.?More, which Is 10 o'clock, but on Sat?
urday night? there are always a lot
of customers In there, and we have
to finish waiting on them before we
can close. I was waiting on a cus?
tomer that night at 10 o'clock. After
i I finished with the customers I had
to lock up mv side, and I always let
down the roller awning In froV on
Saturday night, hecau-e the porter Is
not there on Saturday night.
Q. Now. give It accurately. What
time did you leave the store with him?
What time did you testify to at the
coroner"-: Inquest, do you recall?
Known Nothing of Gun.
A. I don't recall; it must have been
between twenty and twenty-five min?
utes after 1ft.
Q. Now, did you go to Sixth and
Main with him?
A. Sixth and Main?
Q. Six-.h and Broad, on Saturday
night?
A. No, sir.
I Q. Do you know anything about his
going to a pawnbrokUig Ehop?
i A- No, elr.
Q. Do you know anything about
his buying a gun?
! A. No. sir.
Q. You don't know anything about
that?
A. No. sir.
Q. Did he bring you a gur. back at
Sixth and Broad Streets, and you put
It In the car?
A. We didn't go to Sixth and Bread
Streets, and I r.evcr have Keen him
with a gun.
Q, i don't know whether we have
laid the foundation for this, but I be?
lieve It was understood that we could
contradict him without recalling him.
Did you hear him state here at this
trial that you got in the automobile
and put the gun in there?
Could Have Seen It.
A. I heard what he said the other
day, yes, sir.
C-. What did he say at the coroner's
inquest about that? Did lie make the
fame statement or a different state?
ment, or do you remember?
A. I really don't remember. If I
hud done as he said here the other
day, about my getting In the rear of
the car. If I had put it under the seat,
ot in the top. as Mr. Scherer states,
he would certainly have had to no?
tice what 1 was doing: he would not
fR up In front and gaze straight
ahead.
MR. WEND EN BURG:?Don't nrguo
It; Just testify to what occurred.
BY MR. SMITH:?
Q. Did you see any gun on that
night at all?
A. No. sir.
Q. Now, coming from Manchester
with him that night, what route did
you take to come?
A. When I left the store I went
out Twelfth Street to Ralnbrldire.
down Balnbrldge to Seventh. out
Seventh across the Free Bridge: I
wouldn't say then whether I went up
Ninth Street or Seventh Street; some?
times I go up Ninth and sometimes I
go up Seventh.
Q. Sometimes you go straight up
Ninth, and sometimes you go around
by Patterson's, or at the depot?
A. I don't know which 1 did, but
anvbody going from the Southslde will
go up cither Seventh or Ninth to Grace,
because Grace Is paved clear down to
Ninth.
Q. Where did you go tnen?
Saw Police Officer.
A. Up Graco to Fifth. Fifth to
Fr-.ir.kilr. and up Franklin.
Q. Where did you meet the police
officer?
A. I thlr.k nt Fourth and Frank
llnQ. Had you had any trouble with
your lights'.'
A. The lights had gone out thr^e
times In .coming from Manchester to
Richmond. 1 unscrewed the lamp, but
I couldn't see what tho trouble was.
nnd It kept on going out. At Fourth
and Franklin I decided to change
them; I took one of the side lights
off and put it on tho rear. After I
put It on. I noticed a policeman walk?
ing up the street, and I called him I
and asked htm if that was all right
He said it was, and that If everybody I
had as good a light It would be fine, j
Q. Paul Beattle said that when the i
policeman tame there, you had the
gun In the. machine; he said that you '
got It at Sixth and Broad, und that!
you had It there. Whore you stopped.
Was It light there?
A. Yes. sir. It was right under the j
electric light at Fourth and Franklin.
Q. Did you all nek the police officer
to take a ride?
A. Yes, 1 asked blm If he was going
up town, to come and take a ride. He |
said no. that he could not leave his
beat.
Q. Where would he have had to sit?
A. Paul and I were on the front
sent. He would hnvo had to sit In
the rear.
Q. And, you stopped under the olec- ]
trie light?
A. Yes, sir.
Q. Has that police officer been here |
in attendance on the court all through,
tho trial. Policeman Green?
A. Yos. sir.
Took Paul Home.
Q. What did you do after you left
the police oflicer?
A. I took Paul home.
Q. That was Saturday night. Do
yon know what you d'd after you left
Paul, after you took him home?
A. I went down to Beulah's.
Q. Do you know whnt time you got
to her house?
A. It must have been between halT
pnst 10 and a quarter to 11.
Q. What time do you think it whs
when you met the policeman?
A. About half-past lft.
Q. Did you go over very rapidly?
You said you left the storo about 10?o
or 10:25.
-\. Yes, somewhere along there; not
earlier than. 10:20: 10:20. 1 OisS, or 1
10::i0.
Q. Are you guessing at the time you
mot the policeman?
A. Well, yes, I didn't have anything
that would make mo think of the Hmo,
especially, any moro than the time it
took to go over. Of course I stopped
and lighted the reur IlK'it some time.
Q. How lung would It have tnkon
you to go fronr?. your s'orc to Fourth
and Franklin if you had not hud to :\\
the lights? It Is about how far? More
than a mile, or two miles?
a. Weil, it is about two miles. I
reckon; that would have taken about
ten minutes. ?
Wendenburg objects.
Q. With slopping to light the lnmps,
atid eviry thing?
A. No, sir. 1 said It would have ta?
ken ebotit ten minutes.
Mil. WENDENBURG:?I object to
that question. you are leading the
witness. The rlrst question was how
long It would have taken If he had
not Stopped to tlx the lights, and he
suld about ten minutes. Then you
said, "Fix the lights and all?" That
Is leading.
Mit. SMITH:?1 put that In a ques?
tion; It had already been gone Into,
but I warited to know If 1 understood
him, whether thuf Included lighting
the lights or was outside of lighting
tho lights.
THE COURT:?The witness was very
plain about that. Your question was
a non scqultur from his answer. But
it has been answered now. so let's go
on.
BY MR. SMITH: ?
<J. Did it take mor>- time to tlx the
lights?!
A. Yes, sir. it must have taken live
or ten minutes at least to get out nr.d
fix the lights.
Q. You took Beulah out that night,
did you'
A. Yes. sir. 1 took Beulah and we
went o?t riding, out on the loop. That
night we had two puncture*, one go?
ing o'.it and one coming back, and
she got the pump out of the rear seat
Icr me to pump up the tires.
Q. So If there was a gun In there,
she would have known it, would she?
Heulnh lu Jail.
A. She would have been bound to
have seen It.
Q. Where !s Beulah?
A. Now?
Q. Yes.
A. I don't know; I reckon she Is In
Hcnrlco Jail.
Q. She Is where Mr. Scherer can got
her. Isn't she?
A. Yes, sir.
Q. Now, did you see Paul any more
j-fter Saturday night?
A. The next time I saw Paul was on
Wednesday night when he came
over? ?
Q. We have gone over Saturday
night: the next time you saw him
was Wednesday night. Were you out
riding with Beulah Mondav night?
A. Yes, sir.
Q. Did you see her Sunday?
A. No. sir.
Q. During that week and the week
preceding, did you take your wife out
and other members of her family''
A. Yea. sir.
Q. How often did you take your
wife automoblllng in tho two weeks,
say, preceding the murder, after she
was strong enough to go out?
When He Took Wife Out.
A. I took her out the Sunday be?
fore; I took her out the Friday be?
fore, nnd the Wednesday before. I
would take her out three or four
times a week, sometimes In the after?
noon, sometimes at night?the evening,
rather, after the store was closed.
Q. Now. wo will como to Tuesday
night What time did you leave that
night, and where did you start to?
A. I left my house?It was a little
after S o'clock when 1 came out of the
house.
Q. Which way did you go? Where
did you head for?
A i went out nnd got my machine
then; unlocked the garage. I had to
pump up a tire that had a slow leak
In It. and dusted off the seafi as I
usually do. and got the car out on
Cowardln Avenue, and then went out
Oownrdln Avenue towards what they
call the Dry Bridge, went up the car
line, which Is Semmes Avenue, until
I grt within a couple of squares of
the trestle, when I turned off towards
the left, towards the turnpike.
Q. .'Whose house Is that?
A. ' Mr. Carson's house.
Q. "Dundee?"
A. Yes. sir .
Q. Where Governor O'Ferrnl! used
to live?
A. Yes. sir.
Q. Is that a house your father orig?
inally built?
A. Yes, sir.
Found He nnd Flat Tire.
0- You passed that house going
towards what road?
A. The Midlothian Turnpike. After
T passed that house. 1 think Just be?
yond the clump of pines, there Is n
little dip down In the rond. I noticed
there that I had a flat tire, the same
tire that I had the slow leak In. and
I got out and pumped It up and got In
the machine to put the pump In the
rear sent and Jumped out again to get
In the front sent, when I happened to
notice that the tire had gone down
T saw there was nothing to do hut fix
the puncture; that it had become en?
larged, and I fixed the puncture there
Q. Tell the Jury what you have to
do to fix a puncture?
A. On that wheel it Is a very diffi?
cult one; It has what they cail lugs
around It, and vou have to unscrew
each one of them
Q. i? It what they call a demount?
able rlm?
A. t don't know about that.
Q. I don't either, so we had better
not go Into that.
A. There nre two steel rims there.
On the face of every young?
ster you sec eating a piece
of Bromm's Bread?and
thousands of 'em in Rich?
mond eat it every any.
"It tastes, good" is what
the children say.
??r2 it tastes good. Not
only that, hut it's nutritious
?makes good blood for both
big folks and litfleMolks.
516 East Marshall Street,
501 West Broad Street.
nn<l you have to take those, off. anil
then I took the Inner tut.e out and
patched It. I could easily demonstrate',
It I had the car, and show them tho
difficulty of patching such a tire.
Q. Did you havo to get out your !
tools?
A. Oh. yes. get out the tools and !
everything and Jack up the rear of
the car.
Q. Did you have to take the tiro i
j off?
A. I had to tako the tube elear oufc !
I and It took twenty minutes alone to
patch that tire. The directions on the
: can Of cement say to put on one coal
of cement and lot It dry ten minutes |
and then put on the other and let I
It dry ten minutes, and then you have
to put It In ?he outer case and pump
I It up.
Took \enrly an Hour.
Q. Do you know how long It took
y u to tlx that tire?
A. I can't say. no. sir.
Q. Can you give us some idea"
A. .Judging from the time I loft my
house and the time I got to Mr. Owen s.
It must have taken nearly an hour.
Q. What time $>-2 you get to Mr '
Owen's, do you know?
A. No, I really do not.
Q. When you got to Mr. Owen's,
was Dr Mereer there"
A. No. air.
Cf- Do you know anything about
whether Dr. Mercer had been sent for
then ?
A. No. sir.
Q. Whom did you find out In front
of the house when you got to Mr.
Owen's?
A. I ran the car up In front of the
house nnd put out the gns-lamps, which|
1 always do when the car ts standing?
In fact, everybody does It when the
ear is to stand for any length of time. I
Mr. Tom Owen w-as In the yard with
his wlf.>; I talked to them for a few ]
minutes. I thought my wife would
come down In the yard: that was wheri ,
she usually sat In the evenings: 1
thought that hearing the ear come up, ;
she would come on down. I talked
to Mr. Tom Owen a few minutes, and
he told me to go upstairs, that I.oulso
was up there nursing tho baby, and
he told mo what room to go tn. I don't
know that he told me she was nursing
the baby, but he told me she war, up1
there with the baby. I went upstairs
In the room hp told me. nr> tb" rlght-r |
hnnd Bide going In, and Louise was
lying acress the bed nursing the baby,
f leaned over and kissed her and satj
cn tho sldo of tho bed and talked to
her.
Went Into Rnthroom.
Q. While the baby was nursing?
A. Yes. sir. I used to tease her by
putting my hand In the baby's mouth
I had told her before that I had had
a puncture the reason I was late, an?
she called attention to the fact that
my hands were dirty. I asked her
which way the bathroom was. and she
showed me.
Q. Whom did you ask. your wife's
mother, or your wife?
A. I don't know that I directed the
question to either one of them.
Q. Mrs. Owen testified thnt she
showed you where the bathroom was;
that vou did say you wanted to wash
your "hands and she showed you where
, it was. . .
A. I don't recollect which one I ad?
dressed the question to. I asked where
the bathroom was, and one of them told
me, nnd Mrs. Owen went out of the
room and did not come back until she
came and said that Dr. Mercer woo
there and that he might havo a pre?
scription which he would want to have
lllled. She did not know how many
times Louise nursed the baby: she was
not tn the room.
Q. Were you teasing the baby while
It was nursing?
A. Yes. I used to put my finger In
the baby's mouth. The baby finished
nursing, and she got up to tlx her dress
before tho bureau. The baby started
crying again, and she 3ald: "Isn't that
aggravating?" I took the baby and
walked up and down the room with It
several times, but I couldn't quiet It,!
and she said: "Well. I guess I will have ,
to nurse It agnln." She laid across the
bed nnd nursed It; she always nursed It
lying ncross the bed. to keep from hav?
ing to hold It. She got It asleep and
got up .and fixed her dress at the bu?
reau the second time, and Mrs. Owenj
came In and said that Dr. Mercer was
downstairs and that Mrs. Owen wanted
a prescription tilled.
Wife Xot I'nhappy.
Q. Before you get to the murder, you I
mentioned Mrs. Owen's name. She has!
said?the only Intimation I have heard
that your wife was unhappy comes
from your mother-in-law. Did you!
have any reason at all to suspect that
she was unhappy or worried about any?
thing In your life?
A. Well, If I could state conversations
I think I could?
THE COURT:?Conversations with
whom?
WITNESS:?With my wife about a
third party.
BY MR. SMITH-?
Q. It. what relation did that third
party stand to your wife?
A. Her own brother and my sister
will testify to tho same thing.
Q. I am asking you whether Hier?
was anything In your life, or anything
about you, that caused your wife to be
unhappy about you. In any way. shnpo
or form?
A. No. sir. She had no reason to be,
ao far as I know.
Q. Do you state to the jury that you
have no reasofe in the world to aus-:
pect that you wife was unhappy, and
that you know she was not?
A I know she wns not on my ac?
count. I would like to state that con?
versation. If the court will allow It.
Q. It Is not necessary. You havo
gotten to the point now ut which your
wife was ready ?o go on tho automo
bile r ue Tuesday night. Now state
what happened after she put the baby
to sleep, and what wn? done.
Asked to Fill Prescription.
A. Louise asked her mother If she
would mind the baby, we went down
stalra and some, one suggested to Lou-1
tse that she hud better put a wrapper
on ever her thin dross -
Q. You started to say something
about what Mrs. Owen said about Dr
Mercer nnd tho proscription.
A. She came upstairs and asked us
to wait ft few minutes, that tho doctor
wns out there attending MrS. Owen .tn."
he might want a prescription tilled.
O. That was when you were about
to leave thnt Dr. Mercer came?
A. Yes. sir.
Q. You had been there how long, doi
you suppose?
A .'bout three-quarters of an hour.'
or an hour?about three-quarters of j
an hour. I would say.
Q. You struck out about the hour.1
What did you mean?
A. Well, I finally nald It was about,
three-quarters of an hour, to the hcrtt ?
of my knowledge; that Is what I final-i
ly ended up with.
Preparing for Ride.
Q. When you camo downstairs, did,
you come down together?
A. Yes, sir, we came downstairs and'
camo on out. I don't know who It
was suggested thnt she get a wrap an.l
put It on. Her dress was thin. She!
went back to look for k cont or a i
shawl. I don't krow what It was now. I
Rho couldn't find It, nnd Mr. Tom Owen
went In and brought out his raincoat. I
Tdy wife put tRat on. We went out to I
the machine, s?e got In and I tit the
front I mps, und we got the proscrip?
tion from Dr. Mercer I toU him at
the time that I didn't think f could
got it tilled berauso the drug stores
closed a' 10 o'clock, lie said. "Weih
If you can't get It filled to-night. It
Is not very I. iportnnt. und In the morn
lug will do." SO wo went out the left
hnnd road to the Midlothian Road
and down the turnpike ??> the drug
store.
Q. Whose durg store?
A. Washington & Early'8, at the
head of Hull Street. 1 got out of the
car there and -.yent In the drug .-lore?
to the door, rather, and rattled on the
door. No one camo. I kept on rat?
tling. 1 saw some one sitting In th*?
rear who seemed to bo writing, and
finally the drug clerk came out. I
asked him If he would rill a prescrip?
tion for Mr. Tom Owen, and he said
certainly. He took the prescription
and went back In the store. I went
out In the street where the car was
and stood on the running board talk?
ing to my wife. We stayed there I
don't know how long ?at a, rough
guess about ten minutes. I saw him
coming from the /rear of the stt.:'o
with the prescription, and I went on
In. v
Wife In flood Humor.
Q. What were you doing out there?
A. Standing on the running board
talking to my wife, and when 1 saw
hiir. -jomins from the roar of tho store
wltd the prescription?"
Q. Was your wlfs in a *ood humor
that evening?''
A. Yes. sir.
Q. Were you In a gs^d humor?
A. Yes. sir; l say we never had any
cross words, and' we could hardly be
otherwise If we did not. He was com?
ing from behind the counter, and 1
went in the drug store and met him.
I paid him (or the prescript1.,in, and
utked him If he' had any candy. He
told me he had some chocolate almonds,
I believe. He took out a box there,
and 1 asked him If he had any larger
box, a pound box. He said no. I took
a smaller box, paid him for It, and
came-out and got In the car; backed
the car around Clopton Street, and
headed up the Midlothian Turnpike.
When wo passed Mrs. Owen's home,
or rather, Just before that, Louise sajd:
"Det'a take a little spin up tho road;
Dr. Mercer said the proscription was
not important"; and we went on up
the road.
Wife Suggested Spin.
Q. Whose ?-uggestlon was It that you
take a little spin?
A. My wife's.
CJ. Had vo'j Intended to go up the
road If she had not mentioned it?
A. No. sir. The first car we met
coming down?as I said, we met threu
cars on tho road.
Q. You said that when?
A. 1 said that the night ot the mur?
der, and I also said it at tho lnq.ue.-n,
that three cars passed me on the road.
Q. .Describe the cars.
A. Tho lirst one, 1 think It was af?
ter we crossed the Helt Dine, I don't
know how far. It wus flying.
(j. What sort of a car was It? Qlvk
some idea. Who wa6 In It?
A. It was really running so fast,
though I could Bee it was full of
people?It was u big car?but I couldn't
really say who was In It because It
run so fast. We were running slow
then. Jusl taking a 'little spin.
Q. How fast was this car going, lit
your Judgment? You have had a good
deal of experience with automobiles?
Sun- Cur Flying Uy.
A. Yes, sir. When I saw the car
was flying, I mean it was going fifty
or sixty miles an hour. As 1 was In a
car passing lt. 1 might not have been
able to judge the exact speed at that
time, It might have been forty miles,
Q. It was running forty miles un
hour anyhow, you think?
-V Yes, sir. It wa-i running fully
forty miles an hour. Every car that
Is traveling fast leaves a long string
of dust behind It. Wo were running
slow and we got the benefit of this
dust for a couple of squares.
Q. Was It a dusty night?
A. Yes, sir. very dusty. A few min?
utes after that I saw the second car
coming, and my wife said. "Go fastar,
Henry, so wo will leave them some of
the dust," meaning that they would
catch the dust from us the same as
we got It from them. In a few min?
utes wo passed tho third car.
Q. What sort of a car was the sec?
ond onr? /
A. As I said, all three were running
very fust, and all that I could see
wns that It was a large car.
q. The third car, how big was that,
nnw how fast was it going?
A. As I said at tho coroner's In
queet, atid as I told them all. they
wire all large cars; and all running
very fast.
Q. .What Is the number of your car?
A. Eight hundred und twenty.
Q. Does that number look anything
llko n-ll?
A. Not to me.
Carried IllprlN'uiiiber*.
Q. Did you have that number in big
loiters on the back of your car?
A. Yes, sir, four Inches high.
Q. The law requires that, doesn't It?
A. Yes, sir.
Q. Now, Mr Rcnttlc. Just state all
about that ride.
A. Wo passed three cars and went
on up the road, and tho last thing
I remember before I turned around
that night was a row of cedar trees
on the right hand side, and my wlfo
remarked to me. "Wouldn't they make
nice Christmas trees?" After we passed
those, we went up the road. I don't
know, It might hnve been a half ii
mile, it might hnve been n mile that
We run up. and I ran up into a gate
und Dacked up and turned around and
ran down the road again.
Q. Did you point out to the detec?
tives whore you turned around?
A. Yes. sir, I pointed out that night
the place I turned around.
Q Did they see the tracks?
A. Yes. sir.
O- State why you had to back up
In the gate there?
A. The road Is very narrow there,
and there Is a kind of bridge that
runs across the ditch going Into the
man's yard, and I ran tip in the gate
..ii i backed out ag t-a
Q. You had to tnk-? advantage of
the entrance Into his yard to turn
around, did you?
A Ye_s. sir The road at that par?
ticular spot Is about e3 narrow as
nnyw-here In the whole stretch
Meets Highwayman.
Q. (5o on In your own words and
state what .happened.
A. Well, we left there, and. as T
told them that night, when I got back,
I didn't know whether It was three
quarters of a mile or n mile from
where r turned: anyhow, T turned to
come back. Wo were cominc- down th*
rivad_Jrorkon fifteen miles and hour. It.
mlglithave been twenty, running Alonir
easy, not thinking about anything spe?
cial. Just talking to each other, when
I ssw a man corning from th^ Wt
hond side of the rond. Ho wns so
close to me, and running at tho speed
I was, although It was not very fast. T
knew that If I did not stop i would
...i hltn. 1 put on the brake and
stopped my car. As x did so. when T
Stopped, he was nn the left-hand slie
of the car. I really did not know
he was tt.ere until he said, "What In
?ho bell nre you trying to do? Run
over me?" T said, "No. hut T ought to
have, I was in tla middle of the
road nnd you bad plenty of room on
either side."
Q. Where were you, on the rlgbt
hand side, tho left-hand side, or In
the centre?
A. Of the road?
Q. Yes.
A I reckon 1 was near the centre;
I think I w?b running down the Centre
of the road.
Q. Is that the usual part of tho road
for automobiles?
A. Yes.
Threatened to shoot.
Q. They are Just like country peopln
in that respect?
A. Well, almost everybody keeps the
centre of the rond. if he knows hi:*
vehicle. When I said that to him I
put In the low gear and reached over
to take off the brake, and then ho
raised the gun ami pointed It at mo,
which I had not seen before, and said.
".Stop, if you don't I will shoot you"
I didn't say anything. I didn't want to
aggravate him or try to make hint
mad In any way. 1 didn't think he wait
going to shoot; I thought ho would b-?
crazy to I let In tho clutch. I had
my hand on the steering wheel. 1 Just
slipped the throttle around and let tn
the clutch. As I did the car gave u
Jerk forward, and I had my eye on him
all tho time: I looked right at him. Ao
the car jumped he raised the gun and
llred. I Immediately put on the brakes
and stopped ngaln. As he rtred my wlto
tell. I was leaning over this way with
my hand on the brake, and she fell
back, on me.
O. What did she fall between? What
was behind your back?
A. Why, the back of my seat
Q. That'* what I mean. She fell be?
tween your back and the r>a*.-k of tho
seat?
A. Yes. sir.
Q. Did she fall towards you at all?
Grapple* tu Komi.
A I couldn't say to save my life;
it all happened so quick. On the spur
of the moment I jumped out of the car
and started towards the man. I
didn't run; I didn't have long enough
dlstanco to run. He was standing about
the rear of the car. I jumped out! of
I did he raised his gun. 1 don't know
which shoulder he raised It over, and
hit at mo. I saw tho motion, bur t
was going forward and couldn't got
out of tho way. I threw, my head back
and caught tho gun aa U came down,
and it bit me on tho nose. I pulled
the gun out of his hands, and' from
leaning backwards or from Che force
of my wrenching I got overbalanced,
and I went back on tho ground. Some?
thing has been said about blood on the
gun. I have never seen any blood on
the gup, one way or tho other, but Mr.
Tom Owen said there was blcod on my
faca that r.lght.
MR. WTENDENBURG:?Don't argue.
WITNESS:?Anyway, It Is the most
natural thing In the world for a man
that Is hit to put his hand on the spot
where he Is hit. I don't say I did:
1 don't say I didn't, and I don't say tho
blood dropped off my nose. Anyway. I
picked up the gun and threw it In the
machine, and the man ran away.
Q, Which way did he go?
A. He went up the road. I told Mr.
Tom Owen that, the first man I made
a statement to that night.
Q. Did you say anything to Mr. Tom
Owen, the first man you told about it,
about the man going In the woods?
A. No. sir, nor did I say anything
about cranking the maohlne or the man
being on the right-hand side of the
road; nor did I. say anything to him
ubout the man catching the gun thnt
way (Indicating).
Told True Stntemcnt.
Q. Was une statement that Mr. Tom
I Owen, tho first witness, made on tho
stand a fair and true statement, as far
aa you can recall, of what you told
him?
A. Yes, air, of what I told him, as far
as I can recall?as fair as It could pos?
sibly be. If I made all tho Btatemcntu
the detectives say In the meuntlme,
how could I go to the coroner's Inquest
and make tho statement I did make,
after telling the detectives these sto?
ries?
MR, WENDENBURG:?Don't argue.
BY MR. SMITH:?
0. Is the llrst statement you made to
Mr. Owen l'.ko the statement you mado
at the coroner's Inquest In reference to
the contradicted points?
A. Yes. sir. If I had told the stories
to all of the detectives which some of
them say?that I Jumped out of tho
car on the left and ran around tho
front?
MR. WENDENBURG:?Has he thd
right to refer to what wns said at tho
coroner's Inquest and then tell me I
can't do It?
THE COURT:?I don't think that la
right, and the court Is go'ng to tell
Mr. Beattle now not to argue tho case,
but to tell what he knows. You have
two very competent lawyers to arguo
to the jury for you. Aist state what
you know.
BY MR. SMITH:?
Q. Mr. Reattle. have you ever been
a witness before, except hero and at
the coroner's Inquest, to any extent?
A. I don't think I ever have In my
life.
Man Went t'p Roud.
0 Now you told Mr. Tom Owen that
the man was on the left of your car,
and you told Mr. Tom Owen that the
man went up the road?
A. Yes, sir
Q. And not In the woods?and he
was the first man that you ever udd
It to?
A. Yes, sir. x
Q, And he corroborates you in (hat
resp.vt''
A. Yes, sir
Q, Then, -tfter you had wrested tho
gun from :he msm and he had gone
up the road, what did you do?
\ i on! the g-.m in the car, and '''ten
(Continued on Twelfth Page.)
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