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State Lays Its Foundation
for Evidence in Rebuttal you over the phone whet ehe had put down from day to day?" "I think I glanced through the book myself." Mr. Wendenburg offered tho diary in evidence, and It was closely scrutinized by Messrs. Smith and Carter. After I ratting u reasonable time, Julge Wat kon remarked: "Oentlemen, have you read tho preface to that book?" "We have read far Into Its contents." replied Mr. Smith, "and we have Ut- | terly fulled to see how It could be itp/ered In evidence." "I will lay a foundation for It." re? plied Mr. Wendenburg. returning his questioning .Never la Love With Her. "Were you ever in l/>ve with Beulah Blnford?" "I have never loved her." "Was she In love with you?" *'l-couldn't .-ay. She may'have told me so. i didn't pay any attention to anything like that." "This was a dally diary kert by her between you two, was it not?" "I had nothing to do with it." "I protest against any reference to the diary until the court rules whether It 1^ evidence," said Mr. .-Smith. "It wag kept by her In reference to her feelings to vo??" asked Mr. Wen? denburg. "I don't know that It was" "What was her purpose In showing you this diary?" "I don't know." "Didn't It glvo an expression of her feelings to you?" "J didn't pay any attention to It." "Wasn't that diary kept for the pur? pose of writing you a note every day?" "I never received It If it was." "Didn't she write something to that effect on the first page of the diary?" "If It was. I don't remember." "You have seen, this diary?" "Yes." "It gave an expression to her feel infra toward you?" "Yef." Diary Nut In Hvldenre. "The diary. If offered In evidence, should come In by the sworn testi? mony of Beulah Blnford." ruled Judge Watson. "He 1c not hound by what 13 said In j thert." protested Mr. Wendenburg. | "I contend that the witness read this book, knew Its content?, end by It I want to prove that he knew of Beulah Blnford's affection for him." "I do not think the book is testi? mony at this stage." bald Judge Wat? son "When did you read this diary?" "J never read It; I merely glanced at it." "There are gome entries there since Beulah has been In Jail," commented Mr Smith "ft 1? obvious that the prisoner could not have read all of the entries " "Since you have made that state? ment." replied Mr Wendenburg. "I will tell you and the court that the diary stops on the night before the murder." After argument on tho admlsslblllty of the diary as evidence. Judge Wat? son Instructed the Jury to disregard the book "from ltd to lid" "You said she used to tel: you she loved you?" resumed Mr. Wendenburg. "Yes, she may hava" "What was her pet name for you when she addressed you?" "She called me Henry." "Wasn't It her darling Henry, or ?Darling Baby'?" "It; personal conversation, no, sir." "Did you on Juno 15, shortly after the return of Beulah Blnford to Rich? mond?do you remember her going out with some one named 'P'V "The court has ruled that diary out again and again." said Mr. Carter, in protest. Jealous Theory Advanced. "It doesn't matter what prompted the question." said Judge Watson. "It may have heen sromptcd by entries in j the diary, but the contents of the book as such are eliminated " The question was repeated: "Did you! see Beulah go out u4;h a man named 'F' about June H to IS? Didn't yon get after her about having been out with a certain man?" "I don't remember." "It could have occurred, and you have forgotten It?" Yes." Mr. Wendenburg called for the letter hitherto' offered In evidence In which Henry Inclosed ?10 to Beulah for pay? ment.on furniture for a flat. He scored his point at last In regard to the en? velope after many trials. Mr. Carter had heretofore prevented fh'e recogni? tion of the envelope In evidence, and was evidently paving the way to the claim that the letter was an old one, having nothing to do with recent re? lations between Henry and Beulah. Henry's admissions put the claim at rvr*. "Both the lotter and the envelope are In your handwriting?" asked Mr. Wen? denburg "Yes." "Does the envelope help you to fix the date you sent the letter to Beu? lah? "Yes, It Is postmarked on July H, 1911" "You sent It on that date?" "Yes." The en'-clope and letter were then offered In evidence together and read to the Jury. Henry explained that there was one error In the reading. Ho had closed with the oustomary sal? utation, "Well, be good," which had been read as a promise on his part, "Will be good." Henry said he made Beulah no such promise. Money tor Furniture. "Dldn t you, in Dr. Lovlng's yard on the Thursday afternoon following the homicide, deny that you had sent Beu? lah money for furniture? Do you deny that?" "I don't think they asked me. I was asked a question of that sort at the Inquest." "Y'ou cannot testify as to what was said on the stand et the inquest," said Judge Watson. "Didn't Mr. Scherer ask you In tho presence of Detectives Wren and Wilt? shire and Coroner Loving whether or no you were furnishing money to buy furniture for Beulah Blnford's flat? Didn't you deny that you had written her a letter within the past ten days?" "I don't think they asked me. I told them everything I knew." "Didn't Mr. Scherer ask you wheth? er she had not been to a store to select furniture for a flat?" "1 don't think he did. I knew she was to move Into a flat, and I was go? ing to aid her- Others contributed to it besides myself." "Can you give me the names of any others?" "No, sir. I don't know who she ran with. Her mother and sister and brother-in-law were going to help." -"Were you interested In her pur? chase of furniture on Instalments?" "No, sir?" "You were not Interested in an Item? ized bill?" "I told her I would help hor, but I didn't want her to tell me the bill wss more than Jt really was. She | VIC1IM OB 1DRNPIKE MURDER AND HER HUSBAND'S RELAU?ES might have said the furniture cost $500." Mr. Wendenburg read from the let? ter: "' Pay this ten on the furniture and make him give you an Itemized bill and what you must pay each week.' Why wer/t you Interested In what she was to pay each week?" "I had told her I would help her with It." "Iraia" In Mrs. Cohb. '"Don't let li ma call mn up any more. ?srmcbody will get wise.' Mr. Wen? denburg read on. "Who Is Irma?" "Mrs. Cobb. Fhe lived In the sara? house with Beulah." "Who would get 'wise'?" "Well, I didn't want my people to know I was running with another girl." " 'With oceans of love.' pursued Mr. Wendor.burg. ' What did that mean?" "It didn't mean anything: I have sent messages like that to lots of wo? men." "'Brimming with kisses.' Did you kiss her when you left her?" "Yes " "So you treated her In that way the same as you treated > our wife?" "I don't think it 16 necessary to make any comparisons," said Judge Watson. "Well, anyway." said Mr. Wendenburg. "the fact is that on July 14 of this year, four days before your wife's death, you were preparing to make a home for Bculah Binford?" "I told her I would help her. Her sister and brother-in-law would not let her live there any longer?" "Didn't they tell you It was a shame _you being a married man?to come that way after her?" "Yes; her sister wouldn't walk down Broad Street with her. She expected her to stay only on a short visit." "You once took Beulah Binford and her sister In your car to visit an uncle?" "Yes, but that was at night." Delivery of Gun. "It Is In evidence here." said Mr. Wendenburg. "that on the Saturday night preceding the homicide, about 10:15 o'clock, this gun was delivered to Paul Beattle. It Is also In evi? dence that that time Is In confusion. If your store closed at 10 o'clock and you took Paul to Richmond with you and delivered Paul at his home, as you have described, how could that gun .be delivered to Paul In Weln steln's pawnshop at 10:16 unless you knew of It?" "It wasn't delivered to Paul on Sat? urday night?that Is. not while he was with me." "Now you have told us that when the store cjosed you brought Paul to Richmond In your car. Yon say you got out three times to fix the lights before you got to Grace Street. How long did that take?" "It took about ten minutes to get from the store to Sixth and Grace." "And you stopped at Fourth and Franklin Streets to change the lights. How long did that take?" "About five minutes." "You told Mr. Smith this morning ten. Why do you want to make It less now?" "I don't know; It may have taken five or ten minutes." "How long did It take you to get to Paul's house from there?" "Five minutes." "When did you get to Paul's house?" "I don't remember. It must have been about a quarter before 11 o'clock." Paid for Phone Call. "When Billy Sampson called Beulah Binford on long distance from your store, didn't you talk to Beulah?'' "I hollered something over the phone to her." ? "Did you pay the long dlstanoe toll charges?" "Yes." "Didn't you go over to the telephone office and pay for the call so that it wouldn't appear on your bill?" "Yes." "So they wouldn't know you and Sampson had talked with her?" "Yes." "You were preparing to go to Nor? folk?" "Yes. She knew we were coming." "Beulah's doctor bill was charged to you?" "Yea." "Why should you pay such a bill?" "She asked me If I would pay It. The doctor had tpld her that other? wise she would have to go to the hos? pital at the almshouse, so I told her t would pay the bill." "You left your garage at what time on the night of the murder?" "I left the house about s o'clock. I got the machine out after I had pumped up the tires and dusted It off." "Will you deny that you went, out of your garage that night In your car at a quarter before & o'clock"' "Yes." "You went on out Hemmas Avenue to Dundee and then Into Park Street?" "Ye*. I took the centre road from Dundee straight across on the Mid? lothian Pike." When He Kelt Dike It. "What was your usual time for get? ting to the Owen place?" "Whenever I felt like going; I nad I no certain time " "Did your wife expect you tha* night?'' "Ves." * "To take her out?" "She knew 1 was coming In my car." , "What time did you arrive at Mr. j Tom Owen's place-*" "I don't know. I thought it was j about 3 o'clock." "You left there when?" "A little after 10 o'clock?possibly | 10:15." "You went down the pike to the drug 1 store In Swansboro?" "Yes." "You left there what time?" "I don't know." "What time did you reach the Owen place?" "It would he nothing but a guess If I were to say. I don't know at what speed I was running" . "If you left the drug store at J0:.'7. as one of your witnesses has testified, what time would you pass tho en; trance to Tom Owen's place going out?" ?'In a few moments." "Do you deny saying that you hadn't Intended going on up tho road until ! she mentioned It?if you said that, was j It true?" i "I don't remember." I "Then If your wife had not made this unfortunate suggestion this mur? der would not have happened?" "I don't remember ever Faying It. When did 1 say I didn't Intend going on up the pike if she hadn't mentioned ? it? I'm positive I didn't say It. The [ prescription wasn't urgent, and we . didn't need to hurry back." ? May liefer to Notes I.nter. "Do you den^' having said that you did not Intend go'lng on until your wife suggested It?" "If 1 said it. it was true. I don't know that I had made up my mind about It when she mentioned it." A question arose as to whether the witness had not stated In the morning i that he had gone on at his wife's sug? gestion. Stenographer Winston, who had taken the morning evidence, had gone with his notes. "If my notes are not correct I will give you the bene? fit," said Mr. Wendenburg. "It Is In evidence here." went on Mr. Wendenburg, "that the place you turned around that night Is the high? est point on the whole road; It Is called the Look, Why did -you turn there?" "I didn't select any particular point save some place where there was a gate I could back in to turn." "Why did you pick the highest point where you could see for miles both ways, enabling you to see the lights of every car on the road?" "I didn't pick lt. I didn't know It was the highest point- 1 Just turned there." "When you started back from the point where you turned, did you see any cars?" "I didn't see any cars at all after the three cars going out." "Coming hack, you passed Ritter's store where the pump and tub are?" "I thought there were pumps at both stores." "Ritter's store is about a mile west of the scene of the homicide?" "I reckon It Is." "The next store Is about one-third of a mile from the scene?" "About that. I reckon." How For He Could See. "At the scene of the homicide, were your front lights burning?" "Yes." "How far can you see with thorn?" "I could see a buggy a half a square away." "Couldn't you see a man's hat or a dog In the road 150 feet off?" "You might notice a dog 100 feet away. A man doesn't strain his eyes unless he Is driving very rapidly." "How far off can you see a man with those lamps?" "If you were looking for him In the centre of the road, about 150 feet." "It is In evidence here that you saw this man In front of you and stopped! your car suddenly. Why couldn't you ] see this man 150 feet off?" i "1 was not paying any particular at-' tentlon. I was talking with my wife." "When you are running a car don't you keep a very close eye on the road for glass or rocks?" "I never looked for glass in my life. Of course, if T were on a strange road it would be different, but on a road you are familiar with you can run al? most with your eyes shut" Hid Kot Leave l?lke. "From the time this prescription was filler] until you returned with the body did you leave the turnpike?" "No. sir." "This man you describe In order to get In fron", of you had to walk one half of the width of the road?" "I didn't say the man got exactly In the centre." "The road measures twenty-seven feet wide, and you say you were run? ning In the centre. Then the man had to walk eleven feet six inches before he even got In front of your wheel on that side." -f that measurement Is right, he would I don't know whether *)e walked or ran or what he was doing. I don't even know whether he was on the edge of the road." "How could you have helped seelnga man walking that far Into the road?" "I wasn't looking for any one com? ing from the side. I wasn't paying particular attention. People do get run over even In the day time, you know " "Wh.ro did he have his gun hid?" "I don't know. The first time I no? ticed the gun was when he pointed it at m*." "This man you tell of didn't have any gun when the car stopped?" "I suppose he had" "Didn't a i get that gun from be? hind a stump?" "I don't know." When He First Saw Gun. "There was no gun In sight when you stopped the car?" "1 didn't see It until he raised It and pointed It at me." "What possible reason could that man nrvt for murdering you or your wife?" "1 know of nine. He may have peen trying to scare me. He might have been drunk or looklnc for a fuss." "Haven't you swerveu out into the road?" "Yes" . "Did he stagger?" "I d n t deny having said that he did, but 1 didn't mean to convey the idea that he was drunk." "Well, whatever you raid, did he stagger?" "I say now as I said before. Be? cause I said he staggered out I don't necessarily mean he was drunk." "Did this man have any possible mo? tive for taking your llge or that of your wife?" "No." "There was no provocation given?" "None, unless he had attempted to cross the road and 1 had scared him." "How far off was he when you saw hlro?" "It would be a mere guess, probably fifteen feet." Might Have Struck Him. "Would you have struck hint If you han't stopped?" "If he had attempted to cro'ss and I didn't atop I'd have hit him. "Yes, if lue was right In the middle, of the road you had 12 1-2' feet to the right to passlhm " Yes, if he had been standing still I could have cut around him. ' "If he was fifteen feet In front of you an' you had 12 1-2 feet clearance. Is It your practice to stop on the roads for such obstructions? Do you do that when you pass peoplo on the streets?" "If hadn't stopped and had hit him I'd have boon In some Jstl now because 1 luidn't stopped." "Don't ycu know you are h <re now becausi you did stop?" "I protest.1" said Mr. Carter. "In how many feet can you stop your car?" "I don't know. It would depend on how fast it was going." "If you were running from fifteen to twenty miles an hour, what is tho shortest space In which you can stop?" "I must Ixave run from whore I was right up to the man. I could demon starte better In the cor Itself. I never measured the distance In which I could come to a full stop." There was pro TOO LONG FOR BUSY READERS The Associated Press necount of the nrnttbe murder trial, printed heretofore for busy readers, Is not used this morning because of its great length. It Trill exceed five colantns In type. longe?: r.ror--questioning as to how far It would take to stop the car going first at fifteen and then at twenty miles an hour Had Face Full of Wnr?. "If this man you describe was only rtfteon feet off. In the centre of the road with the lights full on him. why \ cannot you tell whether he Is white or colored?" "Well, If a man had a face full of beard I wasn't capable of telling." "You determined thut he must be a white man after Dr. Mann remarked: that colored men didn't usuajly have j beards?" "No, sir; I said from h's voice. I ' through! it was a white man. What Dr. Man nsaid made me think lo much more. I have said all along I thought it wus a white man " "If you hadn't stopped your c r would you have hit thin man?" "As It afterwards turned out I would not." "How far was he to the left of the car when you did stop?' "I could not say whether It was one, two or four feet." "Is that your best estimate?" "Any of them would be a guess." "You could have gone on by with? out striking him?" "Yes, when I saw him on the side of the mnch'ne I reached down to start the tfar ..gain I didn't know ho was on the side of the machine until he spoke He must have jumped back out of the way." j "Did you sae him move back?" "He must have gotten out of the way?jumped or run." "He might have been six feet away?" "Yes." "Then there was no reason for your stopping at all?" "He wasn't six feet from me. Wh:-n 1 lirbt saw him he was Just to one side." "Did you see him Jump back?" "I didn't sec him. I don't know whether he Jumped there, ran there or somebody pulled him there." "You don't really mean that some? body might have pulled him there?" "Of course not." Wife Said Nothing. "What did your wife say when this highwayman appeared?" "She didn't say anything. She had confidence In me to let me handle the situation." "She went to her death in alienee?" "Yes."' "Was she looking at him?" "1 don't know." "From the appearance of the wound In the face she must have been looklns at the man pointing the gun?" "She must have.'" "And if ahe was looking ut a man pointing a gtin at her, do you mean to tell this Jury that she didn't screa m?" "The gun wasn't pointed ut her. I was reaching over for the brakes. Tho Jerk of the car aa It started put her In line." "He raised the gun and tired at your wife?" "He merely raised it and fired. I think he moant to scare us. Ho didn't mean to shoot anybody." "What reason would this assassin have for raising a gun when 11 was aimed at you?" "That's what I said. He raised It to shoot over my head and the Jerk of the car brought my wife In line." "What did the assassin say after he had fired the gun?" "He didn't say anything" "What did he do?" "He hit me with the gun." ?Did he attempt to load It again?" ?I didn't see him.". "How much do you wolgh?" "One ? hundred and thlrty-flv* pounds." . "How tall arc you?" "Five feet nine Inches." "You went up to this large, power? ful man?you went after this giant for what purpose?" "AS any man would go after an? other who had shot his wife." "To do what?" Wanted to Fight Him. "To right?to get at hlra." "Weil, what happened?" "He hit me With the stock of the gun and I Jerked it from him as I fell." "Then you thought about your wife?" "Yes, on tho spur of tho moment I had Juitped out after the man." "After the man or after the gun?" "After the man. But after you had disarmed this man who had Just mur? dered yo?r wife you let him gor* "I thought of my wife then and went back to her." , "How <llil he set disarmed of thc| shell that was found?" i "I don't, know." "Did this man have time to reload j the gun?" "If he had been looking for me he I might have?from tho time 1 started to get out of the car he could not.' have. You couldn't load a gun while I was going rive feet to save your life." "If the shell that was found seventy throe feot off belonged to the assassin, did you see hlin reach down In his pockiot and get it and throw It away?" "I don't know." "Did he run?" "Y'es. he started running up tho road." "Then that shell found couldn't bo the assassin's?" "I don't know." Disarmed Highwayman. "After disarming hint did you have to pick up the gun?" "Yes. 1 fell buokwnrd." "And you mean to tell the Jury that a midnight assassin who has shot your wife saw you fall to the ground with? out the gun. and turns and runs?" ' I don't know whether he saw me fall ur not." ' Why did you tell Major Patton and' othtrs that night that your assailant went into the woods?" "I told Mr. Tom Owen and every one that asked me that he went up the roiid." "Then you contradict Major Par ton?" "I had Just as soon contradict him as any one." "Did you put the gun on the floor of the car or on the seat?" "On the floor. I think." Pirat Xcn? From Mercer. "When did you tlrst know your wife was dead?" "When Dr. Mercer told me." "Didn't you say when you first got i buck to the Owen place that some-i body had held you up and kilted I Louise?" "I may have said it." "Then you did know she wus dead before Dr. Mercer told you?" "No. 1 wasn't positive." "At tlie time of the homicide your wife was sitting on your left, und fell where ?" ".She fell over back of me." "What purl of your body did she fall against?" "I don't know that the body hit anyj part?I Jumped from the car as it I stopped." "Then she fell In between you and the buck of your seat?" "Yes. she fell back that way." "When you got down the road you knew you didn't have your coat on?" "Y'es, when I stopped to light my lamps I had to get my coat out of the back to get somo matches." "Where Is there any blood on this shirt where your wife fell over against you?" asked Mr. Wendenburg, holding up the garment for the Inspection of the Jury. "1 must have had my coat on ut the lime of the shooting." "When did you take it off?" "I don't know." Put on Uloody Cout. "Where did she lay on you. if you' had your coat on?" i j Henry took the coat and showed blood spots on the shoulder. Finally, at Mr. Wendenburg's request, he took off his new blue coat and put on the bloodstained garment to show the Jury where the spots would come. "I don't say her head touched my body." he explained. "I don't' say she fell rlKht away or that she died right away." "When you drovo into Tom Owen's place you didn't have your coat on?" "No, sir." "Where was the coat when you stopped to fix the lights?" "In the rear of the car." "Did It remain there?" "It was found lit the front of the car at the Owen place. I suppose after 1 got the matches I threw it Into the front." "When you got out to grapple with the giant, what became of your wife?' "She was falling toward me when 1 got out." "After you had gone the length oi the car she was still falling?" I "It didn't take the car two seconds to go that distance. It was more 0. Jerk than anything else." "When you returned where was tho body?" "Lying down in the bottom of the car. her dross out over the left-hand, running board and her h*ad near the wheil. I lifted her across the two front seats, with her head over In my scat." "Did you lay her on her hack?" "I don't know which way." "Which way were her feet hanging?" Afrnld to Take Chouces. "On the left hand. Her head was In my seat. I felt her pulse and heart and hollered for help." "Now, tell us again how you placed that hody across the two seats?" "if y-m will lay down here, Mr, Wen-1 denburg, I will lay you acroaa two Mats." "Well, never mind," replied the at torney, hastily. "I don't wont to take nny chances. Bofore you started down thy road to the Owen place you lifted her over Into her seat. Did you hava her head In your lap?" "No." "Do you deny making such a state? ment?" "I know what you are speaking of," and the witnors seemed eager to ex? plain something that his counsel con? sidered extraneous. Mr. Wendenburg stated that there seemed no possibility of getting through, as It was already getting dark In the courtroom. "It does not seem to me." said Judge Watson, "that you are progressing very rapidly." "The witness was or. three hours In chief.'" said Mr. YVenden'ourg. "I can hardly cross-examine him in less." "Well, go ahead. We will sto wheth? er we can get through," said Judge Watson. "Describe to the Jury how you held her." The witness Illustrated by a dtmlnu tlve copy boy who was standing near the press table, putting his arm half around the bo?*'s waist. He explained that her head had fallen forward In her lap?thut she was doubled up In a knot. No lllood on Lap. "Hoxw could you hold that limp body that way." demanded Mr. Wenden'ourg, ? without holding It close to you? How do you explain that there Is no blood or. her clothes or In her lap?no blood on the raincoat except on the back and shoulders?" "There has been no evidence of a critical examlnatlo nof Mrs. Beattlo's clothes," suld Judge Watson. "If there was so little blood on tho clothes," remarked Mr. Smith, "It Is surprising that they should have been destroyed." "Can you explain ho wit Is that there Is no blood on the arm of your coat or shirt?" "There may have been no blood on her back. I thought there was blood on tho sleeve. 1 don't know whether there was or not. Nobody has testi? fied that there was blood on her waist." v "Dtin't you know It Is impossible to run a machine fifty-five miles an hour over a railway track with one hand?" "I know I can do lt. I will go out there and show you." "You got out to fix your lights about half way back?" "Yes." "What became of the body?" "1 let loose of the body to see whetwer It would slip out of the seat, and It didn't, so I left It and got out and Ut the lamps. I don't remember whether 1 had gauntlets on that night or not. I did not see any bloody gauntlet In the car afterwards." No Stains Around Pocket. "You don't know whether your hands were bloody or not?" "I don't know, but I supose thoy were." "How do you account for the fact that there are no blood stains around this match pocket and no blood on the matches remaining In the pocket?" I "In till probability In picking up tho coat and fumbling with It, it wiped the blood from my fingers." The courtroom had become too dark to sec whether there were blood statns on the coat around the match pocket or not, und at 6:35 Judge Watson an? nounced an adjournment to 9:15 A. M. to-day. In order to press the trial along, court will hereafter meet an hour earlier In preference to night sessions. No young woman, In the joy of coining motherhood, should neglect to prepare her system for the phys? ical ordeal she is to undergo. The health of both she and her coming child depends largely upon the care she bestows upon herself during the watting months. Mother's Frieud prepares the expectant mother's sys? tem for the coming event, and its use makes her comfortable during all the term. It works with and for nature, and by gradually expanding all tis? sues, muscles and tendons, involved, and keeping the breasts in good con* dition, brings the woman to the crisis in splendid physical condition. 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