The times dispatch. [volume], September 06, 1911, Page 6, Image 6

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

Image provided by: Library of Virginia; Richmond, VA

                
Jurors Decline to Question
Henry Even at His Request
DEFENSE SHATTERED
NEAR CLOSE OF TRIAL
Neblett Controverted as to Gun Evidence, While
Other Witnesses Put Paul and Henry To?
gether Night Weapon Was Bought.
Though ns it proved afterwards 11
was not necessary, a merciful Judge j
yesterday morning bad* both his own
lawyers and the lawyers for the prose-I
cutlon to subject Henry Clay Bcattlo.
Jr., charged with the murder of his
?wife, to the heartbreaking stress ol
further questioning no more than was
absolutely needed- But Mr. Wcnden
burg stated to the court that he had
only a few more questions to ask, and
the prisoner was on the etand again
lor only a few minutes. On one thins
Mr. Wendcnburg harped. He wanted
the accused to explain how came It
that tho gun with which his wife was
killed was there at tho point at which
the r-.urdcr was committed. And Henry
Beattle said that he didn't know, that
he had no explanation to otter. And,
coming to his rescue on a point of
law, the court ruled that nenry Beat
tie could not property be called on to
explain some otner criminal agent's
act or the act or that criminal agent,
If other criminal agent there were.
His own lawyers had no more to ask
him, and Henry Beattle. after asking
the Jurors If they had any questions to
ask, left the Staad, to remain here?
after as only the most Interested spec?
tator at the trla"..
ltlddled by State.
Then the Commonwealth proceeded
to pur.cturo his assertion that he was
not with his cousin on the Thursday
night preceding the murder: that he
did not go to Faul Beattle's home and
did not take a dr nk with him in Mc
Evoy'a ealoon. McEvoy himself, Mrs.
Houchens. Paul Beattle s mother-in
law, and Mrs Nolan, who lives next
door to the Houchensee, and others
were placed upon the stand to dis?
prove Henry's assertion And while
some of them could not directly swear
that It was Henry who accompanied
Paul home that night after meeting
him at Short and Main Streets, the cu?
mulative evidence tends to show that
It was none other, and could not have
been any other who took Paul home on
that Thursday n ght. And there were
more "witnesses to oome. Paul's story
Is being bolstered up; Henry's story
is being picked to pieces, bit by bit,
and the,j seems to be forthcoming no
evidence which can help him prove his
words as to what occurred that nlsht.
Defense Darrte? Torn Dom,
Ar.d after this the State continued
Its merciless work of tearing down the
barriers which the defense has con?
structed betw/en Henry and an igno?
ble death. Neblett had sworn that on
the Sunday morr.lng preceding the
trial he had seen Paul on Mayo's
Bridge with a single barreled shotgun.
The State put on the stand several wit?
nesses who swore that they saw both
Paul and Neblett and that Neblett was
mistaken; that Paul did not have a
gun- The only firearm they saw was
a revolver In his hip pocket. Neblett
had stated that he saw Paul standing '
In the doorway of the cement house | 1
?: :ie ead of the bridge with the gun i
Is iu hard. Othera swore that Paul (
xiititr ?:;t to the ctment house nor j I
-.i:=.i ir:? ?*??'.;? Neblett was or. the <
--E? It -was -^ ? ^.tri ar&ir.at one.
S-rstrft Actio In'ltr Fire. ,1
i-i tmxsi -.r?r?i Henry took the',
ttxsit i. ?-i.sf Ol -?at*r placed i .
rz Vit i:t;:pi;:trt dttk " besdei!
i-~ Ht i tip to ttgir. with.].
:.i?t i-.it- - t! -..-.t first to sp*ak. 'j
"Tit - r: wir.u to ?ay t.-.;.- bei',
It ttt-s the court thatj
ti l dim i '.tE tin main ".ir.ta hae
s**r i-tTtUi-td carefully, ar.d it also!
a**-=-s te that to far as the;5
?'? i-t-i?? ccr-'.?-ra*d that ;t would
it ;_i-..f.?; la imposing tirr.e limit on
tit ?iacc: tjon Tau witness was)'
ea tit dirtct examination yester?
day f-r ".ire* hours ar.d on the cress
exatatnatloa fir" fcui fcsurs Thecourj
Ui.i laitieed** Qn.ctr those circum-j'
stances la irr.poetag a limit or. th?' 1
eross-extr.lr.at'.or. and on the redirect j'
exaa-.ir.av.*r. This Is not *o he a test
ef physical endurance, but a '.egal ex- <
tmi&atlon. So, the court feels, justl- t
fled In saying that the Commonwealth
may question thle witness one more ?
tour and that the redirect ox&rr.tr.atior.
may last a half-hour "
"We won't be very long with him." I
"xes. ,
ar.BWered Mr. Wandenburff. Then he ' j
began
"Vou stated yesterday," he said,
"that wh-n you got to the Belt Line
you met or.e car, after that another,
and after that Mill another, all golnr'
"Ye-."
Wife Suggested Hide.
"On yesterday Mr. Smith questioned
you as to your intentions In going
up the road after getting the medi?
cine. You said that Loult,?- said, 'Let's
take a spin,' and that you went pri;
and Mr. Smith raked you whom
creation It was. and you said || was
your wife's, that you had not Inti ;. I? I
to go. That is true, 1.? it not?"
"It is."
"Will you now explain. If you Kai]
no Intention of golntr up th* road nf- j
ter getting the medicine, how is it ?
that at the very point y.u went to, ,
the point of the crime, thai this game
gun your cousin bought was there at i
the time?"
"I can't say. I hadn't made up my !
mind to go anywhere 1 know noth- .
ing of the gur. beyond that It was
used to kill my wife."
"How did the g in cm there, the one j
that killed your wife?" persisted Mr :
Wendcnbu rg.
"I know nothing about ?)..- j.--,;n I i
:an't say."
"Well, how did tbe pur, know thai !
you would be there that night? Why |
was it waiting for you"'
"We object," ?nid Mr. CarTr And
the court ruled that It wag not in- !
cumhent on the prisoner to explain,
anything about another criminal or
hie act. That burden was oh th? Com?
monwealth.
"That Is all." sold Mr. Wendet . ?
"We have no question! to ask." said !
Mr. Smith.
Juror* Oove Xo tiitntr.
"vVcll, that was rather a generouM
limit I imposed on you Just now," r?
marked 3 id#e WBtson, alid the law?
yer* smiled.
"Have you any question* to a.-ik?"
said Beattle to the Jury. There/war
no re?ponhf, and. wlplr.c his mouth, lie
Urft the ptand. The rebuttal began.
Henry Latham was called He
works at Tenth nnd Hull Streets, and
hid known the prl.Ronei for eight, trn.
%H twelve you;
"Do you retii. n.t.t-! mi 'i v the pr|*.
aroer on the Thursday night preceding;
the crime?" asked Mr. Wendenburg.
"I don't know whether it was Mon?
day or Thursday night."
"Where were you on either of theso
uights, the night you saw Henry, and
who was with you?'*
"I was at Twelfth and Hull Streets.
Mr. Hart and E. L. Kldd were with
me." But witnec6 could not determine
which night It was, and counsel fot
the defense objected to tho questions
because the Commonwealth couK not
determine which dato it was.
"\Ve want to show that the witness
was with Henry that Thursday night,"
sa'd Mr. Wendenburg. "and we are
prepared to prove It. Tell all that
occurred on the part of the prisoner
as to telephoning on the night you
wero with Hart." ho said, addressing
the wkness.
"All I honrd him say was 'be there
in fifteen minutes.'"
"Whut did ho eay about the tele?
phone message?"
"Nothing that I heard."
"Is that all you heard htm say?"
"Don't usk him a leading question,"
commanded the court.
Took Htm by Surprise.
"Well," replied Mr. Wendenburg,
"the witness has taken me by sur?
prise." The point was argued, and
the Jury retired. Mr. Wendenburg sur?
rendered the point, and the Jury re?
turned.
"Wasn't this the langungo you used?"
ho asked the witness, "which you gave
us,' that you heard Beattio say over
the telephone, 'be there in flftoen mln
utOB,' but that you didn't know whom
he was talking to? Do you deny
that?"
"Yes. I deny ?hat- 1 didn't say
'over the telophone.''*
-Mdn't you tell that to Mr.
Scherer?"
"I never saw Mr. Scherer."
"When did Beattle say that?"
"He told Hart that he was going to
Short and Main, and asked Hart if he
were going that far, too."
"After lie lett tho telephone, did he
say where he was going?"
"He told Hart he was going to Short
and Main." But witness couldn't be
pinned down as to whether this hap?
pened on Monday or Thursday night.
"Were yuu paying any particular at?
tention to the conversation?'' usked
Mr. Smith.
"No."
"How many vitits did you make to
Scherer's otiice?"
"None,"
"Did you see any other detectives?"
"I'm not sure, but 1 think Detectives
Wren and Wiltshire came to nie when
I was working on Delgh Street. They
iviote a statement, but wrote a lot in
[hero that 1 cut out."
''They told you, then," said Mr Smith,
'all about the conversation, and then
)ut it in and atkod you to sign it? They
rlod to tlx Thursday in your mind,
lidn't they, by saying it was Thurs
lay night when this conversation oc
rurred?"
"Yes, sir."
"Is It a fact that they read you what
hey had written and asked you If It
vere so?"
"No, they told me first. They told
r.e what Hart hid said."
"B .t you told them tf.&t you thought
: was Monday night, didn't you?"
"Tee."
"Do you remember now the language
. ic\*. Betitle used?"
"Yes "
i toere In fifteen minutes, wasn't
.1? II1 in Thursday Night.
W. B Hart, ot 231 East Eleventh
Strett. South Richmond, was cailed. He
.i known Htr.ry Seattle fifteen or
rlghlteti years.
"Do you ren.tmbrr seeing the prls
>t,(:r duilnj; the week preceding the
nurder. and what night was it?"
"Tnuriday night.'1
"Where did you see him?'
At Twelfth and Hull."
"Tell about the telephone message."
"He went ir. ar.d telephoned some
>ne. 'be there In fifteen minutee.' He
ta|d he was going to take Faul and
<is utife out riding."
"What street did he say he was going
LO?"
"lie i-ald he was going to Short and1
Vlaln "
Are you sure that all he said was
1?- there In illieen minutes'T" naked!
Mr, Smith "You would have heurd It
f he had said more, wouldn't you?" |
"1 suppose I would."
"Henry didn't make any effort to be
leeret about It. did he?"
"No lie didn't seem t', "
"Did he ask you to take a ride?" j
"Yes. i)e asked nie If I was going
west, and 1 said no"
?'Didn't he auy that he was going as I
frr at Short and Main and thut he1
could take you that far?"
"Yes."
"bid you make ? .-uiVment to Mi.
Scherer?"
?
"How many times did you go to his
olhce?"
"! went there or.ee."
"Dl<! he dictate the statement, ot
you ??'
'an H Ii? ll<- Snlil.
"J dictated the statement He's got
it Just as I said"
"You: recollection is that he was
goltl { MS tut as Short und Main?"
"Yes, sir, that is my recollection.'' j
"Did you know where Beutuh lived?"
"No, I don't know the lady " |
"Don't you visit ln that neighbor?
hood''"
"Yea, !n the 1600 block West Main."
"Henry knows that, doesn't be?" I
"Yes
"And he. said that he would take you
as fay .is i-ihort nnd Main?"
I think s.."
' And he really teemed to want you
to po;"
"Yc, it seemed like he did.
'Almost insisted on your going,
dldn"t he?"
"Yes, 1 think so"
. Tiirn enme Mr- A B Himrhena.
mother-in-law of ram Beattle, to the
Kt: ;.,! She td|d that both families live
together.
"Do you know anything about a
telephone meatsagc from llonry C
Beattle, ,ir.. ar.d Wisp, tell the night u
was received and.t what the mesaagi
LA WYERS READY NOW FOR BA TTLE
U_JURY SOON TO GET CLOSING WORD
L. O. WEXDEXBVB.G.
J. M. GREGORY.
H. M. SMITH, jn.
HIM. CARTER.
_(Photos by W. TV. FostarA
was?" Defense objected, but V'as not
sustained.
Heard Henry's Cull.
"It vttui Thursday night, the 13th pi
July, und us near us I can get It l<
?ras about I) o'clock when I heard tbr
telephone tiell ring- I unsuerod It und
:. kl. i:l the VVlve ?bo It uu>, aud l>
sold, 'Henry Ueattle.' He naked if l'uui
wns there, anil I sub! I thought Paul
was tipxtulrs, but tbut I'd eull him. I
beard l'?ul repeat v?hut the message
was I that Henry WUSf.Cll aim to meet
him nt short nnil. Main In rlfnj-n
minutes. Paul dressed null went out,
nuil stayed half 1111 hour. When he
Come bock lie called up .Mrs- Fisher,
und suid ihut Henry ?oulil be there
In u few minutes for bis wife's dress,
oud she asked >vbo It ?r.s, anil be
? Hill, 'Paul Urnttlr, Henry [Seattle's
cousin*' "
"How did Paul come back?"
"In an automobile. I got up and
heard the machine 1 heard them talk
Inn and both got out. They stopped
in front of Mrs. Nolan's. I didn't liear|
what they said. Then Puul caroo in i
and 'phoned "
'How did you know thnt Henry was]
out there?"
? 1 heard Paul say, 'Good night.
Henry:' but i couldn't see his face."
'?'When did you meet Henry?"
"I never met Henry until the Wed-,
nesday alter the murder."
"Tell whether that was Henry's ma-,
chir.e Paul came home In that night.
"I couldn't oay, but I heard ? aul i
say. 'Good night, Henry.'"
V. hut Mr*. Ifnuchens Saw.
"Were they doing anything nround I
tb<- machine?"
"Ves fixing the lights."
"Do you remember the time Henry
brought Paul home on Saturday:
night?"
it whs just sinking "loven ' :
"Was it the same 1 ur that was j
there Thursday night''"
"Ves."
YOU say you couldn't see Pauli
Thursday night," said Mr. Smith.}
''Then bow could you see the ma-!
chine?"
"I saw both boys, but did not j
recognize them until Paul came In. j
"Then how did you recognise the
machine?"
"I just knew It "
"Was the trip of the machine up!
Thursday night'."'
'I think it was/'
! "Was it up Saturday night?"
j "I think it was up both nights" j
"Well, how r.juld you tell the ma-1
j chine?" j
I it looked like the machine."
I ' How enn you tell one from an
Other? How can you tell a Bulck ]
: from tiny other, a Cadillac from a
Knox ?
"I can t tell that, but thla ear had a
yellow top'up both nights''
"Are you positive of that?"
"Yea."
Never Told Ulm to Tell.
Witness stated that site went to Mr.
Scherer's Office once, and that he camei
to her house once. Wren. Wlltshln
Hhd Jorrell were also there once, and
Captain MeMahon and Captain Wright
were t here once,
j "YOU recognized tho fact that Puul]
'? II in a bad IIN when you henrd about
rhu murder, didn't you?"
I "Not till Paul told about buying the!
gun."
"Didn't you all tell him that he hail
better tell the police because It look?
ed suaylcious against him?"
"No, sir. 1 did not."
"You didn't think he was lq a bad
tlx, did you."
"Ves, as soon as I knew that the
gun ha bought was the one that kill?
ed Louise "
"You immediately started to edge
Caul out of it, didn't you?"
"I told him to tell_ the truth about
the matter." 1
".Paul was nearly crazy, wasn't ne?
"He didn't seem to be acting crazy.
"Was he sick on the Friday follow?
ing'"
"Yes."
"Did you ever see him have tits be?
fore this?"
"They weren't tits, Jupt nervous at?
tacks. He has had two of them at my
house."
"1 want to ask you If you didn't
Veil Paul to tell the whole thing: that
he might get in a terrible fix if he
didn't?"
"No. 1 didn't tell him anything lik?
that."
Did his wife tell him?"
"1 don't know what she tol?l him I
told my husband about It."
"1 want to ask you this question:
JfOu say that Paul made a cleap. breast
of it that night, that he told you he
had bought the gun. Did he tell you
that Henry had confessed?"
1'uiH'n Wife Visited Brattice.
"No. He lust told ug about buying
the gun."
"I understand you had never seen
Henry before h's wife's death?"
"No, 1 had not. I never had seen
him. but Paul's wife visited the Beat
tie home, and she met them all 1
never saw Henry till Wednesday night
to know him."
"You never talked with hint?''
"Not except over the telephone."
"How do you know It was he talk?
ing over the 'phone?"
'He Bald || wus Henry Beattle."
??.suppose I had called you up and
;t was Henry Beattle, would you
lufve known the difference?"
"I don't know about that. He said
that It was Henry Beattle, and 1
recognised the. voice the second tlm-j
he called. It was the same voice."
"But If the first voice was not hla.
then the second voice was not hin."
said Mr. Smith.
"That's obvious," said the court.
"When wan the second time he call?
ed you up?" usked Mr. Wendenburg.
"On the Wednesday night after that
Thursday night I recognized hla
voice."
Joseph Not f'ertoln.
It was announced by the court that
Witness J. O Uoode was Incaywicl fated
from coming, and John Josf.ph was
called His place of business Is at
1X01 West Main .Street, at the corn*.'
of Short and Main Streets, where ho
conducts a confoctlonery. He Is n
Syrian, and has been here twenty
years.
"Do you remember seeing Paul Beat
tle during the week before the mur
? ? usked Mr. Wendcnhurg.
'Yes. on the 13th of July."
"What time did he come Into your
nlore?"
i "Uo came In between 8 and 10. I
was sluing on the west side, and Frank
on the east tide."
"Do you know what he was lining
there?" The question was ruled out.
?'s witness had no information ex?
cept through what Paul had said.
"How Ions was he there?"
"Seven or eight minutes. A machine
came, and Paul got in. und they went
up towards Randolph Street."
"When was the first time you saw j
Henry after that?"
"In Jail "
"Was he the same man who drove
that machine that night?"
"He looks like the same man. but I
wouldn't swear to Jt.'"
"Have you been to Mr. Scherer's
office." asked Mr. Smith on cross-ex?
amination.
Saw Him In Jail.
"No statement," replied the witness!
promptly. "I have beon there once."
"Old you go to Jail and say you
couldn't identify Henry us tho man|
who drove that machine?"
"I told them I couldn't swear to It.'
"How long did they keep you there?'
"A minute or two."
"Did they tell you it was the some
fellow?"
"No, they didn't tell me."
"You knew what you were going
down there for?"
"Yes."
"Yho took you thore?"
"Mr. Wendenbnrg and .Mr. Scherer."
"And they showed you only one man.
didn't they?"
"Only one."
"Do you think you could have
walked out on the street and have
picked him out?"
"No. no. I can't swear It was the
same man."
"Was there glass 'n front of the
machine?"
"Yes."
"Did It have a yellow top?"
"I don't know whether It was yellow
or black."
"You can't come ne.nr->r the '.im?
than between 8 and 10?"
"No. sir."
Frank Manon Saw. Hirt.
Frank Mason was called. He had
known Paul three or four year*.
"Do you remember seeing Paul the
night before the homicide?" Mr. Win*
denburg asked.
"I saw him Thursday night l>,-fo'<
the murder, at Short and Main, in lohl)
Joseph's store."
"How long was he there?"
"Seven or eight minutis."
"What happened?"
"An automobile came up. and he
got in, and they drove west towards
Randolph. Street."
"How do you remember that a? ihe
night?" asked tho court.
"Becauso I had an on'rasrAmt-nt at
Seventh and Broad Streets."
Mr. McEvoy wa? called. 11* is cm.
For Infants and Children,
The Kind You Have Always Bought
Signature of
, ployed In the saloon At 1000 West Cary
I Street, about throe or four squat ta,
I he aald, eaat of Short Street.
"Do you remember seeing Paul Beat,
tie any time previous to the homi?
cide?" Mr. Wendenburg asked him
"I saw Paul and Ho-irv cith.-r Wed.
neaday, Thuraday or Friday night be?
fore .he murder. They were in the
saloon, having a oortle of beer. I
don't l:now whethar Henry seen nie
or not. T-aul spoke to me"
"JJow did they come up?"
"I don't know."
"How did they go away?"
"1 don't know."
"Are you sure it was Paul and
Henry T"
j "Yes."
"You don't know whether It was
Wednesday, Thursday or Vrlday tnat
you saw them?" asked Mr. Smith.
"No."
"And you wouldn't swear that it was
not Tuesday or Saturday?"
Not Saturday Muht.
"It wasn't Saturday night, because
I wasn't there," and witness said It
was not Tuesday night either.
"What time was It?"
"About 8:30."
"Have you been to MrN Rcherer's
office?"
"Yes. sir."
"Make any statement?"
"Yea, sir."
"Did you toll him tho time at night?'
"Aa near as I could think of."
"Did you wait on them?"
"No. I didn't pay any attention to
them."
John Britton was called.
'Did you see Paul Thursday nigh:
before the murder at McEvoy's?" Mr
Wendenburg questioned.
"Yea."
"Who was with him?"
"Henry."
"Do you know how they came up
and went away?"
"There was a machine ouf?lde mak?
ing a lot of fuss, but I couldn't swear
It was theirs"
"McEvoy ought to have heard the
machine, too, oughtn't he?" asked Mr
Smith.
"I don't know. He was bu.?y talking
to me."
"Well, weren't you busy talking to
him, too?"
"Yes."
"He ought to have heard !!. too.
then, oughtn't he?"
"Maybe he wasn't thinking about
It."
"What, wore you thinking a^oj<. if"
"No." But witness wouldn't swear
that the two Beutlies came and went
in the machine. He said that Jarri-l!
was the only one he had talked to,
though he had answered Mr. Scberer'a
questions coming qnt In the machine. I
"After they left, did you hear the I
machine?" asked Mr. Wendenb?rg,
"No."
"How long afterwards did you fail I
to hear It?"
"About a minute."
Witness for Defense.
A recesg was ordered for ten min?
utes, as the defenHe wanted to see
some Witnesses, When they returned.
John D. Blulr. Jr. wuh called. He
lives at 213 West (Jrace Street. Ha
Is eighteen years old.
"Were you with the boys who went
to a dance at Bon Air the night of the
murder?" asked Mr. Smith
"Yes."
"What time did you leave Bon Air?"
"Between 10:16 and 10:30."
"That Is more or less of a guess,
Isn't it?"
"Yes "
"Coming back, what car wer?? you
in?"
"The first car."
"Whose car was it'."
"Roland Lasslter's."
"Did your car offer help t<- any car
standing In the road?'!
"I don't know whether we said
anything. We took the clutch out of I
the engine and were running on the
car's own Speed when we passed the I
other car."
"Where was this, cur?"
"West of the house with a pump on
the porch and a horse trough In front I
of it. We slowed down to see if there
were plenty of room "
"Who was in the car?"
Woman on Running Uourri.
"A ludy was standing on the left
running "board, and a man was stand?
ing in front of the car, hendlng over.
I couldn't see his face."
"What kind of a hat did sho havo
on?"
"I think she had u veil tied over the
hat and pulled down on each side."
What sort of a car was It?"
"'I saw and said It was a Knox car,
and I say so now."
"Did you notice tbe number?"
I noticed, but wouldn't swear It was
D-11. But it looked like the same car
f saw in Smith's garage. 1 had seen
the D-11 car two nights before, and
thought this was the same car. It |
wan the same color and had nlck-sl
lamps. I said It was the same cnr."
"The lamps nre usually braes, aren'i I
they?" !
j "Yes."
"Are you now able to repeat that
I . -> number was P-ll, without sitgges
tton?"
"No more than to say that the make
and appearance of the car made me
I believe It was the D-11 I had seen In
Smith's garage."
"What wa* the color?"
"It looked maroon to me. It was
a very pretty color."
"What side of your car did you rido
I on?"
"On the right."
"What side wan tho woman standing
on''
"On the left.'
"That was the first car you passed."
said Mr. Wendenburg- "How much
I farther down was the second cnr?"
1 "I never noticed a second car." Ho
explained thnt he wss talking th,> rest
of the way. "We passed a couple, of
houses, or stores, but i don't remember
seeing anything but that car." Blair
was ordered to remain.
As to VebletPa Evidence.
James Rafter, night watchman on
Mayo's Bridge, was called. He said
thnt he was relieved by Paul Benttle.
"On the Sunday morning previous to
the murder, who relieved you?" askod
Mr. Wendenburg.
"Paul, et 7 o'clock."
"It has been testified that there was
u gun In the cement house. Did you
over see a gun there?"
"No. I never saw one."
"If It had been there, would you
have seen it?"
"If it had been visible T would havo
seen II "
"Did Paul have o pun that morning?"
"I didn't see it."
I "Did you see one In the cement
I house?"
I "I didn't examine th? whole house,
[but I looked In tho entrance, and l|
didn't see one there."
"When did yon make the examina?
tion!"
"Clone to 7 o'clock."
Queatloned by Smith.
"Thoro in a good deal of cement
there, Isn't there?" asked Mr. Smith.
"There was not much thoro then."
"How large Is ttre building?"
"About forty-five by ten feet."
"Was the cement In bags or barrel* 1"
"In bags, bags about an big as ?
twenty-five-pound flour bag ."
"You examined all around them, d.d
you?"
"No, I couldn't see all around Ihetn;
they are packed In ro close torn*'
times."
"Couldn't a gun have been hl Ilten
In there bo that you couldn't ,-<??? it'
"I couldn't say as to that."
"You weren't looking for a gun. wore
you?"
"No. I was Just looking over thing*,
to sec thnt no property had been taken
away."
"Did you watch Paul to see If he
took anything away, too?"
"No He Ib a watchman. Just like I
am. I don't have to watch watchmen '
"Did you ever see him come up from
the river's edge?"
"Yei. but I don't know whether h?
crossed the river or not "
"What night was that you saw hltn
come up?"
"Flther Monday or Tuesday night."
I'nnt'n I'iithrr-In-I.nvr.
H. A. Houchentf, father-ln-luw of Paul
Beattle, was next called. He Is em?
ployed by I j. Smith & Co on Mayoa
Island. Witness stated that he met
Paul that Sunday morning on the north
nlde of the Island, on the Richmond sldo
of the bridge
"State if he had a gun." said Mr
Wendcnburg.
"No, sir; only; the Sunday morning
paper."
"What time was It?"
"Between I:?.') and 7."
"The north Bide of the bridge If.
nearly half a mile from the cement
bouse. Un't it?" asked Mr Smith.
"Yes, ahout 1.750 feet."
"How far from where you met Paul
Is It to the cement house?"
"About 1.100 feet."
"Which way did he go ? asked Mr.
Wer.rienh'irg.
"South, towards the south end of the
b rid go "
l.ewla Saw Xo Gun.
W. H Lewis win called. He Is em?
ployed by the Manchester Box Board
Paper Company. Just opposite the Stand
ard Paper Company.
"Whore wer? you on the Sunday
morning before the .-rime?" rtsk'd Mr
Wendenhurg.
"At the foot of the canal bridge"
He said that a man couldn't get across
except by boat or brldgr
"DU you sec Paul before and r.ft, r
Neblett drove up?"
"Yes."
"Did he have nr.v gun'."
"No. sir."
'Neblett said that Paul went t., I t
buggy and talked to hin chtld I* thai
no?"
"I didn't see him."
"Could you have seen him."
i "Yes"
"Whero was Paul?"
"Paul wua with a colored fellow
Walter, Bitting on a log. He djdn't
have any gun. '
j Replying to Mr. Smith. wltnor?< Bald
that he didn't go Into the cement finite
and didn't sec Paul go in there: Hf
said that he didn't know thai Pau>
was thick With the negro or that they
drank out of the aume bucket oi
water.
"Where wa? that log-' nuked Mr
Wendenburg.
1 "A short distance from where Wal?
ter held Nehlen'? hon? '*
"Are you 'Buck' Lewis?" asked Mr
Smith?"
"They call mo that."
"Are you the sirv.e Buck Lewi- who
was shot at by Captain Wright when
lie tried to arrest y.">u for gambling?'
"No, ulr; 1 am not 1 never hav?
been shot at "
"Kver been arre.-t. C for gambling? '
"Yes. I've been urr?ated for ehoot
U'S crap and playing pok'-r. but I've
always paid my tine.''
Alan Contradict* Xeblett.
Waiter Nunnally was called. He in
employed as a carpenter at Seventh
i.nd Stockton Streets Ho corroborated
Lewis's testimony as to seeing Paul
on the Sunday morning preceding the
crime, and said that he did not have
a gun. He said that Neblett tied hi*
horse to the grappling hook of a
freight car with a piece of wire, that
the horse broke aaway ar.d that tho
colored man. Walter, held thu horse
while Neblett was !r. the pnper mill.
The only gun he saw In Paul's pos
session was a pistol, which Paul had
in his hip pocket.
"Do you know Bud: C;.?ter?" asked
Mr. Smith.
I think I do."
"Didn't you want Buck Carter n
come down here and testify?"
"No. sir."
"Was he down there Sunday morn?
ing?"
"No. sir. not until Sunday evening."
"Didn't you want him to testify
tli.it he whs there Sunday morning*"
"No, sir."
"Did you go Into the cement house?"
"No, Ir."
"Did yon see Paul go In there?"
"No."
"Yon don't know If there had no?n
nr.ythln? In there, do you?"
"No. Blr "
"Did Paul come over to you ho
for? Neblett left?"
"Yes "
"Which way dirt he come from?"
"I don't know."
"Was he In the cement house up to
and when Neblett went awav'" arko'"
Mr. Wendenburg.
"No, sir. IT'- was pitting on the 1o':
all the time."
"You say he was sitting on (he lor
nil the lime Neblett Was there?" usk"d
Mr. Smith.
"No- ?1r. not ft tho time."
"How long did he sit on the 'oc
while Neblett was there.?"
"Four or five minute'-."
"Didn't you soy swh'le npro that '%
was ten minutes'"
"I snlrt maybe ten minutes*
"Which Is right?"
"T couldn't say. T didn't have ??
watch."
?\.hy did yon say four >vr flvo mtti
tiles?"
"I said that."
"I know you dlo?."
ruin*; it Bp.
Than came Ocorore D. Talley. He v-mb
sitting on the nroh bridge the Sunday
morning before the murder, and swore
that he snav Paul then, and thnt Paul
did not nave a gun. ITe said It was
not Paul, hut the negro who went
over to Mr. Neblett's buggy. Replying
to Mr. Smith he said thnt he didn't
ece Paul in the cement house, and