The times dispatch. [volume], September 06, 1911, Page 7, Image 7

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

Image provided by: Library of Virginia; Richmond, VA

                
Dead Girl's Brother Surprise Witness Near Close
didn't ku-jw whether he hud a gun
>n there or noi. Answering Mr. Wen?
aenourg, wuue?? .U? luji during the
tlmo .Ncblou wan on itiu bridge, Paul
Uelliier went, tu not came from tip.
cement imune.
a. 11. CroWUer tesllrled tu the uamu
tie wag vti, sure tnut Paul eat uti
tnu Iul; buuide linn, tor u bug bit
1'uul uii in? neck, and he applied hlb
chew of tvuucco to the place where
tue crue. bug bit, and, presumably,
i..LCitU a care. .*e stuled that ne
tvuuri't wutcnlug J/uul particularly,
uvi anybody else. He was just wutch
ln? "own self." i ain't paiu tu
v.aicn ho brio,*' lie added.
ulun't Kveu lv&uiv Paul,
Willi.in. Sharp was called. He
tt ..- i mat Keolelt asked him to point
Paul Out at the courthouse last tfat
ul'uuy.
. here he ne'a got the baby In
his aims," he mild tu Neblett.
'is tliut Paul.'" Nublett Inquired
of mm, the witness said.
? \\ here was Paul then?" aeked the
juugc. - i
The witness pointed to a tree outside
the window.
"Was there a crowd around htm?"
Inquired the court.
"No, sir.'
Witness said he had known Neblett
for twelve years, that they had been
Bunday school boys together.
Dr. J. O. Loving, county coroner,
was recalled. He was asked If it were
medically possible for Henry Btattlo
to have supported the dead body of
his wife and have taken It home In
the position he had described, but the
court ruled that It was a question as
to a physical possibility, which the
Jury could decide Dr. Loving agreed
that It would be a matter of common
knowledge, and was excused.
Photographer Called Dows, |
As Dr. Loving left the chair a young
photographer, whom Judge Watson ,
had noticed from the window, was!
brought fri by .Sheriff Gill. He said
that his name was Sprague. He was
from somewhere west of Suez?Wyo- :
mlng?he named as home. The court
warned him that he was not to take
pictures of the court In Besslon, and
ho said that he was only resting hla
camera near the window. With that,
he was excused.
Mrs. F. B. Nolan, of 20J Randolph
?treet, was called. s;.e lives next to
Paul Seattle's home.
"Tell thj Jury what you know about
Paul's coming home In a machine
driven by his cousin Henry," gaid Mr
Wecdenhurg. 'Did you see Paul come'
up In a machine?" i
Saw Motor Car. \
i es, ? i Thursday night. There was]
another man In the machine, but It |
wat too dark f-r me to see h'm. The,
machine stopped, and a man got out
to tlx the lights The machine went
away, and Paul spoke to me as he j
was coming up the stepe. I was on
7 hey Say He Saw No Gun
B. H. \BBLETT.
(Snapshot by Foster.)
the p--ch of my house.'
"Could tho man In the machine have j
heard what passed between you ant i
Paul?" asked the court- She replied
that the man In the machin? could not
havo heard them, and what was said
by Paul to her was ruled out
"What was the color of the ma?
chine?"
"It was too dark to see."
"What time was It?"
"Between 9 and 10?near to 10."
"Was the top up?"
"Y*?."
"Was It yellow?"
"I can't tell Yellow looks black to
me In the dark."
Ah Mrs. Nolan flnlehed the court's
watch spoke the hour as being close:
to 1:15, and court was adjourned for
lunch.
HENRY OWEN SWEARS
COUPLE HAD WORDS
Baattie, Two Weeks Before Murder, Left Wife
Without B ing Kissed?Same Witness Saw
Him Talking Quietly With Paul at
Beattie Home After Funeral.
Efforts to recall Dr. A. G. Franklin,
st the afternoon session of the Trial
ot Henry C. Bcattle. Jr., proved un-|
availing under the order of Judge
Watson, Dr. Franklin was placed on
the stand as a rebuttal witness, and!
wus asked as to the charge made by I
him ugatr.sc Henry C. Seattle, Jr., fo? I
professional services to Beulah Bin
fiTd, but the court held that it was I
not a subject for rebuttal evidence
C. S. Oliver, a brick contractor, was;
called. He Baid he had owned and run
tin automobile for the past eighteen
months, making all his own repairs,
und was offered by the State as an
automobile expert.
Mr. Smith protested that the State
had raised this matter In Its evidence
In chief, when Defectives Seherer,
Wiltshire and Jarrell testified to their
examination of the blood-stained car.
In reply the defense had offered ex?
pert evidence as to the possibility of
blood running through Ole motor car
to the road, and the attorney claimed
that this was not now a proper sub?
ject of rebuttal.
Argued Without Jury
The Jury was taken out while the
Question was argued at some length
by counsel. Mr. Carter held that tho
Btate was attempting to pull in in
rebuttal what it had failed to offer lr
its examination In chief. Judge Greg
ory argued the case for the Common
wealth. The Common wealth had prov
ed by a number of witnesses that tpt
blood spot in the road could not have
been occasioned from blood leaking
from the machine; the defense hao
offered expert automobile men to re?
ply to this contention to show that
there was a way by which in that
particular car the blood might have
dripped over the gasolene tank, and
thence to the road. Judge Watson
said that) it was asking too much thai
the Commonwealth also put on ex?
perts?the contrary testimony would
go on a? lnnnltum.
"Do you mean to tell us." asKeu
Judge Watson In reply to Mr. Smith's
contention, "that Officers Jarrell and
Wiltshire were automobile experts? '
"I do not," assented Mr. Smith,
"though I understand Mr. Wiltahiro
had hud practical experience in ma?
chinery."
"We learned for the first time on
Saturday," asserted Mr. Wendenburg,
"that human hulr clotted in blood was
to be found beneath the driver's seat
of the motor car. There Is no rul<
in evidence which will exclude import
ant after-discovered evidence."
"That may bo true," replied Mr.
Carted "when the evidence Is of r
nature ttiot no reasonable diligent*
would have ascertained it before th?
trial. This motor . car hus been lp
the possession of tho Commonwcaltl
since the inquest. It has been ex
smlned again and again, and I sub%
bit that It Is rather late for the Statir
to be finding such marks about it.
Glared At by Prisoner,
"We wish to show how that hail
got under the seat," said Mr. Wen?
denburg. "We wish to show that the
statement of the nccusod cannot be.
true as to the manner In which ho
brought the body home. The hair
clotted with blood Is still to be seed1
Just as It' was found In the frame?
work under the driver's seat."
During this statement Henry Beat
tie watched Mr. Wendenburg with
wide, staring eyes, as though horri
, fled at the suggestion of the prosecu?
tion that he had as a matter of fact
Said the body of his wife across two
seate. taken the sloping driver's cusn
ion out and placed it agulntt the
body, and so sat on U on the way"
home to the Owen place.
"There must be an end to thla
strife," ruled the court, after both
sides hud beon fully heard. "If there
Is any Item of testimony which would
go to thr merits of thU case, until
it Is actually submitted to the Jury,
I would not feel free to exclude It
from the jury. Single circumstances
which the court deems to be slight
an - remote In tiielr bearing, however,
must t?e eliminated. We cannot re?
open the case in chief at thia .stage
for uny but the most essential mat?
ters."
Mr. Oliver was recalled and the Jury
returned.
Judge Watson entered a formal rul?
ing to the effect that In rebuttal the
State could Introduce experts not to
testify to their examination of this
particular car and tbe blood stains on
it, but as to the mechanism and the
possibility of blood leaking through
to the ground.
Mr. Oliver ?ald he would not con?
sider himself an expert on the con
\ structlon of an automobile. Mr. Wen
| denburg answered a protest from the
I other side that no further basis for
expert testimony had been laid In the
ca?e of Carroll jjontague, who had
testified for the defense.
Mr. Oliver said nt had overhauled
and repaired machines and understood
the muck and the manner in which
Its parts are tilted together. He could
take a car apart and fit It together
again
Technical Evidence.
?'In examining thlt Sulck car did you
take the boards off the floor and the
facing off the gasolene tank?" he wa*
asked.
"I did."
"Jf any liquid, such as blood, had
I been pour6d on the tank could It have
passed to the ground?"
"I made a thorough examination. It
could have done bo at some points.
If poured on the top of tbe tank It
could get to the ground from the far
right-haiy.1 side. If poured over the
centre of the tank it would full on
the transmission."
"Are the spaces where blood could
have leaked to the ground beneath
any of the blood stains found on the
gasolene tank?"
Messrs. Smith and Carter were
prompt with objections, which were
sustained.
"The machine Is In evidence," re?
marked Mr. Wendenburg. "The jury
can go and see it and look at the,
blood stains on the gasolene tank for
themselves."
The wifpess went on to explain that
the brake band covering the trans?
mission would be apt to get very hot
when the car had been running some
time, and if a few drops of blood had
fallen on It they would have been
dried out at once. He wanted to go
on to show that certain runnlns
streams had in fact dried out by the
heat before running down the sides
of the tank when lie was again
stopped by objections and allowed to
stand aside.
Allport a Witness.
?Robert U. Allport was called. He
testified that he was vlce-presldont of
the Kastern Motor Rates Corporation,
and knew of the makes of automobiles
In general and had examined this1
Buick In particular.
"la there any place where liquid,
might pass from the gasolene tank to
the ground?"
"Yes. There are two spaces, about
four inches wido on either side of the
brake-band. That band Is about nine
Incbes in diameter, leaving about four
Inches clear on either side. The dust?
pan extends back almost to the gaso?
lene tank."
"Can the jury see those spaces wUere
blood might pass through and also see
by the streaks and so he able to de?
termine for Itself whether any blood
hab passed through?"
"By removing the footboards the
jury can see for themselves."
"Mr Beattte has testified that on the
night his wife was killed he had hit
machine wide open: that the car had
before developed a speed of fifty-five
miles an hour, and that he was run?
ning not less than forty miles on hit
way back to the Owen home. Is thai
possible, and Is Here anything aboui
the condition of this car that makes
it impossible?" p
"That opens another colloteral point,"
protested Mr Carter. "If you go Into
that we will bring experts here to
prove that he can run that fast with
one hand.
Too Dangerous, He >u>n
"I want to know." persisted Mr. "Wen?
denburg, "whether it Is possible for
Mr. Beattie to have dune what he said
he did? If that car you examined were
running forty miles an hour would It
have been possible for it to havo been
run with one hand, und for Mr. Beattie
to have held his wife in her seat with
the other hand? ,
"I would not call It expert teatl
miney," said Judge Watson, "whether a
man can run a motor car witlt one
hand."
?Well. I would like to know if It
ts possible." said Mr. Wendenburg.
"The Buick car has wliut is known
as a worm and nut steering gear," re?
plied Mr. Allport- "There is some lost
motion in the steering wheel, which
has to he turned more than three
inches befure it takes hold. The me?
chanism, however, is very sensitive and
turns very quickly, making the car a
hard one to steer. I should say that
in such a car rroing fifty-five miles an
hour It would be impossible to steer
with one 'hand- I would consider It
very dangerous to steer with one hand
going at forty miles an hour. I would
not like to undertake It myself, as 1
would consider it an exceeding dan?
gerous experiment-"
, Saw Henry and Paul.
Isadore Fortune, a painter, living
et 30$ Midlothian Turnpike, was sworn.
He said he knew Henry C. Beattie, Jr.,
well and dealt at the Beattie store on
Hull Street, in South Richmond, for
the past two or three years.
"Do you remember when Mrs. Beat
tie was murdered?" asked Mr. Wen?
denburg.
"Yes, from the papers."
"The Saturday previous to the mur?
der were you In the Beattie store?"
"Yes. I was In the store."
"What did you buy?"
"A pair of shoes for my little boy."
"Who waited on you?"
"Henry C Beattie. Jr."
"What time was it?"
"About ten minutes to 10 o'clock at
night. I remember looking at tl>?
clock."
"Did Henry Beattie fit the shoes op
your boy?"
"No. sir."
"Who did?"
"I did."
"How did that happen? Why did
he leave you to fit the shoes on?"
"He was i in conversation with a
man. From what I have recognize 1
sines, the man was Paul Beattie."
"Where did he go to talk to Paul?"
"If I could show you the arrange?
ment of the countera"?and the wit?
ness went Into a graphic lllii.li atlon
of the arrangement of the Interior of
the store. "He handed me two pairs
of shoes pnd I fitted them on my boy
while he was in conversation with the
man, Paul Beattie. I called his atten?
tion several times. I don't know what
passed between them."
"Did you say anything to him about
the shoes Utting?"
"I told him If tliey didn't fit my wife
was coming down to give us both
'Jeems Henry.' My wife didn't think
I could fit the shoes, anyway. I told
Henry I would bring them back if
they didn't fit. He said I wouldn't
have time that night I said: 'Do you
close at 10 o'clock?' He said: 'Yes.
we are going to close promptly at 10
o'clock to-night.'"
Didn't See Him In Jail.
Mr. Smith took the witness for cross
examination.
"How long was Paul Beattie In
there?" ?
"I" should judge ten or fifteen min?
utes"
I "And during that time Henry was
waiting on.you and talking to Paul?"
? "Yes."
"Have you been to the Henrlco Jail
to see Paul Beattle?"
"No. sir. I taw him at the coroner's
Inquest and out here."
"Did you leave him In the store?"
"No. sir. When I went over to the
other part of the store to buy some?
thing he disappeared."
"What time way It?"
"At the time Henry waited on me
and wrapped up the shoes It was ten j
minute* to 10."
"What else did you buy on the other
side of the store?"
"1 bought two sheen and two pil?
low cares."
"What time did you leave the store?" )
"I came out of the store about 10
o'clocka probably two or three in:n- J
utes to 10 or two or three minutes ;
after 10. The dry goods department (
had closed before 1 rcame out. I came
out as 1 went in. through the moe j
department."
"So you don't know what time the
shoe department closed?"
'No; I went on up the street."
"Did you knoi- Paul Beattle?"
"1 didn't know him that night?that
1?. I ilia't know who he was. But |
tho man I saw then In the store <alk- j
lng to Henry was the man I saw as j
Paul Beattle on the grounds here and
at the coroner's Inquest."
Pnul Suddenly Appear*.
To tho surprise of many people, who
believed him in the Henrlco Jail In
Richmond. Mr. Wendenburg called sud?
denly for Paul Beattle.
The boy came In the side entrance j
and stood in the front of the court
room by .Sheriff Olli.
"lg tnot the man you saw in the
Beattit; store?" asked Mr. Wendenburg
of Mr. fortune.
"Yes, sir." came the answer clearly
and promptly.
.lira. Paul Ileattlc Called.
Both Paul and Fortune were ex?
cused, and the State called Mrs. Paul
D. B-.'attic. The young wife took the
stand
"Do you remember Paul having been
brought to his home In an automobile
during the week preceding the murder
of Mrs Hehr/ Clay Beattie?" she was
asked.
"Yes, on Thurtday night about 3:3,)
o'clock." she answered at once.
"Who was with him?"
"It was a young man "
"Do you know of j'our own know
le?ce who it Was?"
. "I couldn't ?ay of my own know?
ledge. He got out and went around
In front and looked at hlB front lights."
"Well, who was It?"
"it looked to me like Henry Beat
tie."
"Did you know him before?"
"Yes, sir."
"Where were you?"
"Upstair^ in my front window."
"What was the color of the top of
his machine?"
"It looked black to me from where
I was. .There were no lights but the
lights of the machine, and thoy threw
the light straight to the front."
"How long had Paul been out that
Thursday night?"
"About twenty-five minutes."
"Were you nt home when he went '
out?"
Henry Telephoned Ulm.
"Yes. A phone message came from I
somebody who wanted Paul. I heard
Paul say into the phone: 'You want
me to meet you in fifteen minutes at
Short and Main Streets?' and then he
came upstairs and dressed and wont
out."
"When did you see this machine
again ?"
"Saturday night."
"Was the same man running It?"
"Yes."
"What time dld*you *ee him and the
machine on Saturday night?"
"About rive minutes after ti o'clock.
Paul got out and came into the house.
It appeared to me to be the same ma?
chine. The general outlines were the
same."
Questioned by Mr. Smith.
Mr. Smith took the witness for cross
examination.
"Was the top up or down on Thurs?
day night?"
"I think It was up."
"Did the machine you saw on Sat?
urday night have the same sort of toy
as the one on Thursday night?"
"It was a tan top on Saturday
night."
"Who have you talked with to-day
in regard to the color of the top of
the car?"
"Mr. Scherer."
? W. T. Lindsay wa6 called. He stat?
ed that he had known Paul Beutuu for
two years.
"Do you know his general reputa?
tion for truth and veracity?" asked
Mr. Wendenburg.
"It Is good in my neighborhood. I
live within a square of Paul Beattte's
residence."
A motion to strike out the evidence
of this witness as not having suf?
ficient information as to his general
reputation for truth and veraelty
was overruled.
"If there had been anything against
him I would have heard it." stated tho
witness.
Gives Paul Guod Name.
R. D. Johnson, a retail grocer ot
1317 West Cary Street, two blocks
from Paul Beattle's home, was ask?
ed:
"Do you know his general reputa?
tion for truth and veracity?"
"Yes, I think I do"
"What Is It?"
"I think the people In the commun?
ity think well of him."
"He Is a customer of yours?' asked
Mr. Smith.
"Yes."
"A good customer!"
"Yes."
"On credit?'
"Yes, for more than a yea* past."
"Does he pay bis bills promptly?'
"Yes."
John F. Ferriter, of 106 Randolph
Street, living within half a square of
Paul Beattle's homo, admitted when
called that he had only known Paul
Beattle personally since yesterday
morning. He had known his father
in-law and brotber-ln-law and thought
well of them.
"Do you know how Paul stands in
the community?"
"I know nothing of his character
at all. I never heard anythtng said
against him."
"You really don't know anything at
all about him?he's what you would
call a stranger to you personally?"
"Y*s."
"This testimony should r.??t be in
che record," salo judge Watson. "Ho
doesn't know anything of Pa*il Beat
tie, and his testimony is stricken out."
People Think Well of ?Ilm.
H. R. Blunt, of 1819 Taylor Street,
who lives around the corner from Paul
Beattle, testified That he knew his
general reputation for truth and
veracity, and had never heard any?
thing against him.
"Do you know what people about
you think of him?"
"Yes, they think well of him. The
first time I ever heard his reput**
7 HE 7RIAL JUDGE
JUDGE WALTER A. WATSON.
fPhoto by W. W. Faster.)
tlon discu.'sed was on Saturday night
at Johnson's store.
R. P. Dolfard, of 106 Randolph Street,
one block from 1 Paul Beattlo'a home,
testified that In the neighborhood ho
bad never heard anything against tht j
boy, thut In tire nefshfrerhood they
seethed to think well of him. Mr. Car?
ter protested that .this witness was j
not sufficiently Informed to testify as
to his general reputation for truth and |
veracity.
"If a man lives In a community a i
long .time and nothing Is said against j
him." ruled the court, "that fact la in |
his favor. The witness ls_not limited i
to having heard oilier people discuss j
>s reputation. If he knows how he
stands In the community in which he
lives he may testify."
Pop Tote Kuorva Hin?.
Policeman E. C. (Pop) T?te, who
lives at 1624 Beverly Street, was call?
ed. Ha lives five blocks from Paul
Beattie. Mr. T?te thought Paul'i
reputation was good as far he knew
but admitted that he had limited op?
portunities of knowing. "I think tin
people ?round there think he is all
right, as far as I know." he testi?
fied. As this was largely his opinion
ills testimony was excluded.
Gregg Fisher, of 2512 M Street, 8aid
he had known Paul about live years,
he used, to know Until In New Kent
county, and said his reputation down
there was gooa.
"I was superintendent of a Sunday
school," said tne witness, "and he used
to come regularly. I uever heard hla
reputation sp?uen "6T other than as
good."
?'tlbur Anderson, formerly lived In
New Kent county, where he had
known Paul and thought his reputation
was good.
J. J. Kay. who formerly lived in
New Kent, had known Paul for five or
six years. His general reputation for
truthfulness wae good. Paul had
visited at the home of David Beattie
and was generally respected and
thought as much of as other young
men In the nelg'tbcrhood. "J never
heard anything disrespectful of him,"
said the wltne: . 'If there hud been
anything wrong, I would have beard
of It."
J. O. Goode, a conductor on the
Southern Railway, stated that he knen
where the rock' quarry was on the
Southern near the Belt Line tracks.
"Is there anything unusual in seein?
a man walking along near there
carrying a shotgun?" he was asked.
"No, sir; there Is nothing unusual
In It. 1 havo seen them."
Policeman a Wltueas.
Policeman C. C. Green, of the Rich?
mond force, was sworn, and ho testi?
fied that he knew Paul Beattie and
knew Henry Beattie by sight, but not
personally.
"Henry Beattie has testified that he
was at Fourth and Franklin Streets
previous to the mufder. Do you know
, anything about that?"
"I saw him and Paul there."
"At what Uine?"
"At 10:26 o'clock on the Saturday
night before tho murder."
"They talked to you?"
i "Yes."
"What were they In?"
"An automobile."
"What were they doing?"
"They were fixing the liBhts."
"Have you seen the car exhibited to
the Jurv out here?"
"Yes."
"Are the lamps on it now just as
he fixed them then?"
"Yes, he took one of the big front
lights and put It on in the rear."
Green Cross-Exnmlned.
Mr. Smith came to the cross-exami?
nation vigorously.
"How did you fix the time so cer
talnly?"'
"Well, f pulled In at 33 box at r>:36,
then I went over my heat." and the
witness detnlled the streets he hail
covered, "trying front doors to see
that they were locked." lie told of |
meeting Connie Johnson, Just return-i
ing from the moving pictures, whichI
he had left nt 10:15, and said ho had;
Judged the time to bo 10;2">.
"You would not swear that It was
not 10:30 or even 10:35?"
"No, sir."
I "Then why were you so positive. It
1 was 10:25? You didn't say about or
thpt it was somewhere around that?"
"I was waiting ror you to ask me." I
"Didn't I meet you on the lawn out
at the coroner's Inquest at Dr. Lov
Ing's home, where you had been sum?
moned as a Commonwealth witness,
and not placed n the slind. artd didn't
I ask you in a perfectly courteoui
way what time It was you saw Paul
and Henry, and didn't you refuse tc
tell !?&??"
"Yea, air. I told you then that I
would have to get Mr. Wendenburg's
permission to talk with you."
"An I didn't he refuse to give, that
permission?"
"Yes, sir."
And I had tn have you summoned
as a defense witness without having
talked with you?"
"Yes, air."
L,aHslter*a Clear Statement.
Roland Lasslter, who drove the first
car of dancing boys from Ron Air to
Richmond on the night of tho murder,
was recalled for the third time.
"When you came by the store about
a mile west of the scene of the crime
did you see a car standing beside tho
road?"
"I don't remember seeing It."
"Do you know Mr K?stelberg who
has testified here?"
"Yes."
"How long have you known him?"
"About two years"
"Do you know his motor car?"
"Yes."
"You have testified here that yot,
aaw on that trip that night a cai
standing by the sldu of the roud cast 1
of the whltowashed store with a maji
at the front and a lady on the running
board. Was that car the Kasteibers
car 7"
"I testified," answered the witness
carefully, "that I saw a car about one
fourth of a mile east of a white build?
ing ?"
"Well, waa the car you saw that
night the Kastolberg oar?"
"I don't think It was."
"How familiar are you with the
Kastelberg car?"
"I know It when I see It."
"Was this man you have described
as standing by the engine Mr. Kastel?
berg?"
"I don't know. I merely saw a man
there."
Not the Same Woman.
"Mr. Kastelberg has said that the
lady with him had on a hat. Did the
lady you saw have on a hat?"
"She did not"
"What sort of a top has the Kastel?
berg car?"
"Black."
"What sort of a top did the car that
you saw on the road that night have?"
"It had a yellow top cover. I don't
know what sort of top It was."
"Did you know." began Mr. Smith,
In cross-ex.imtnatlon, "thnt Mr. Kas?
telberg wasn't using his car that
night?"
"I know he wasn't using the Mitchell
car ho hud been driving. He was out
In a new Knox car."
"Have you talked with any of the
boys to-day a' out the number on the
cur?"
"I heard John D. Blair say he thought I
the number was D-ll."
"Did you see two cars standing still
on the road that night, each With a
lady on the running-board and a man
standing by the englne7"
"I did not?only one."
"Would wou not swear that you
might not be mistaken?"
"I might he. but I don't thisjk I am."
"Could you be mistaken about the
color of the top of the car?"
"I hardly think so"
"Could you be mistaken about the
tan coat the lady wore?"
"I don't think so."
"Could you be mistaken about the
lady having no hat?"
"I dbn'r think so."
"How fast were you going when
you passed this car standing by the
side of the road with the ludy In
the tan coat on tho running board?"
"We had almost slopped."
"Was It dark?"
"It was a pretty dark night', but 1
had my lamps burning pretty well. On
a dai>. road they would show an ob?
ject nearly two blocks off."
An to KnutelhcrR'n Cur.
Ii. D. Daniel, manager of W. C.
Smith's garage, on K'orth Fifth Street,
testified that he recalled the night ot
Mrs Heattle's murder?July 18.
"What time did Mr. Kastolbergs
car come buck to the garage that
night?" asked Mr. Wendenburg.
"About 10:30. I didn't look at my
watch. As it came In Mr. Kastelbertj
asked me It anybody had called him
up. und utter he had talked to me
close on to halt an hour, he looked a*
his watch und said It was close to It
o'clock, and he would have to go."
"Do you keep any record ot the time
of coming and going "f cars at the
garage?"
"No, sir."
"Then how did you happen to no?
tice that particular time on a night
nearly six weeks ago. The car bus
been out a great many times since,
hasn't It?"
"Well. I'll tell you why 1 noticed It.
Mr. Kastelberg had told the garage
manager If his wife called up to say
that the car was In the garage, and
he hud gone out on business."
Paul'* i'iiy Envelope,
E. A. Dunlop, timekeeper for I. 3,
Smith & Co. on the New Mayo Bridge,
produced his note book on the stand
ucd testified that on the Saturday,
Sunday and Monday preceding the
killing of Mrs Boattle, Paul Beattie
had worked ten hours each day. Ho
explained that the. man were pajd off
at 4:30 o'clock on Saturday afternoons,
and that Rafter had been there then
to relieve Beattie.
"If a man were- to icave with a sub
atltute In his place." asked Mr. Smith,
"would you notice It?"
"Probably not," answered the tlmu
kceper. Mr. Dunlop ldentiticd a pay
envelope marked " P. D. Beattie.
$10.05" as having been that delivered
to Paul Beattte on the Saturday af?
ternoon In question, the amount tally?
ing with the amount of time made by
Paul during the previous week Tho
envelope marked "P. D. BoattU.
Ilvered to Paul about 4:3o o'clock on
the afternoon the gun was purchased.
Dr. Maun Recalled.
Dr. Herbert Munn was recalled, and
testified as to having attended Henry
Beattie prior to his wife's death
"Was Paul Beattie faking at the
coroner's inquest?" he was asked.
"I saw Paul twice at tho Inquest on
Friday?the tlrst day. I was listen?
ing to the testimony when Dr. Irving'
asked me It I would go in to s?*e If I
could not stop Paul from hollering so.
1 found six ur eight' men struggling
with him. and somebody was asking
for handcuffs. I said, 'If you will Just
leave him alone he will get quiet him?
self If you don't fight' with him.' About
a half hour later Dr. Loving asked m<
If he was in condition to bo taken tu v
hospital. I went around tu ses hits
again, leaned over him and was sac
Isned tt was a hysterical spell?n
nervous breakdown. I think I tola
some one that If I could make him
mad I could get some sense into h m.
I leaned over htm and whispered.
'Paul, you had better get up and do
some talking. It you don't you wll\
be put in Jail." I wanted to make him
mad I could get some sense Into him.
made the remark to him: 'Get up from
I here; thero Is no reason on earth why
you couldn't go to a hospital.' After
I had looked him over I told the po?
lice thoy could put him In a car ana
take him to the hosplfal with no
danger of having him die on the way.
I didn't use the work 'faking.'"
After consultation between tho at
I torneys on both sides Mr. Wendenburg
I announced to tho jury:
"It Is agreed, to save the time of
I examining another witness or taking
the jury out again to view the Boattle
motor car, that when the top is up, the
i top Is black. When the top Is down,
I it has a yellow tan cover that goe,"
j over It. making it appear to have s
yellow top."
"My friend doesn't mean." said Mr.
Smith, laughing, "that when you take
the top down It changes color. It Is
a black top, and shows so when It It
up. When It is down the tan or yel?
low cover covers It, making It appear
yellow."
Went Into Woods.
John Alsop was called. He told of
going out to the scene of the crime
with Mr. Schorer, Major Tatton and
the dogs on the morning following
the murder.
I "Did Mr. Beattlo state to you that
morning following the murder that
the assassin went Into the woods?"
"Yes; he pointed his hand that way
and suid he went off in the woods."
"Ho may have meant that he went
on up the road a piece and then en
| tered the woods?"
"That wasn't the way I understood
him."
Henry Owen, brother of Mrs. H. O.
j Beattie, Jr., was called.
"Mr. Beattie has testified here," said
Mr. Wend#nburg, "that he didn't know
what becamo of the gauntlets he was
j using on the night of the crime. Didn't
you on Wednesday, about '1:30 o'clock,
go up the road with Henry, and didn't
you havo some trouble with the en-?
I glne, and didn't Henry op?n the hood
and stick his hand in and jerk It back
as though it had been burned; and
didn't Douglas say: 'Where are your
gauntlets?' and didn't Henry reply
that he muet have left them at home?"
[ "We are prepared to prove that he
had three pairs of gauntlets," re?
marked Mr. Smith, and Mr. Wenden?
burg did not press the point,
i Saw Them Alone on Porch,
"On July IS. che night of the mur?
der, didn't you see Henry C. Beattie,
Jr., when he left his garage in his
car?"
"Yes."
"What time did he leave?"
"At 7:45 o'clock. I couldn't be more
than a few minutes out of the way.
He went toward Semmes Avenue."
"Did you see Paul Beattie at the
homo of H. C. Beattie after the homi?
cide?"
"Yes, on Thursday night"
"At what time?"
"Between 7:30 and 9 o'clock, some
' where."
"Where was he?"
"On the side porch altine with Henry.
There was no one within ten feet of.
them. Henry was In a chair and Paul
was sitting or. , tho railing of the
porch. Later that night I saw them
sitting alone In the dining room."
Mr. Carter Protests.
Mr. Carter again protested that thts
was not proper rebuttal testimony
"They put Paul on to assert certain
facts," he argued. 'We put Henry on
'in reply, und that should end it."
"Where the issue is joined." said the
court, "the object of rebuttal is to elu
cldate, You may except to the ruling
of the court."
I "Mr. Beattie has testified." aald Mr.
Wendenburg, "tb*t every time he left
his wife he would kiss her. Do you
remember any occasion after the baby
was born when she would not klsi
him?" ? jj
"The Commonwealth opened up tho
question of relationship when tbey
put Mrs. Owen on the stand.1' protested
i ..Continued on Eighth Fege.)