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May Get Verdict In Beattie Case By FnW^?ftern?on
COUSINS TOGETHER THURSDAY NIGHT WITNESSES SWEAR (Contlnviod From First rage.) i nearby ssloon. nr..I again ivrn seen A half-hour afterward they weir stand? ing in front of Paul Beattte's bouse?three women swore to it upon their oath. None of the three saw the face of Paul's companion, but "Good-night, Henry." one of them heard him call out as they parted for the night. Still other facts erept out. until there so,.med no longer room for doubt- Whatever the Jury may think, the crowd was convinced that tbe cousins met?though Henry Beattle denies it all. As for the rest the State speaks. It was at this conference, it charges, that Paul, the unsuspecting tool, agreed to purchase the murderous ?Tun. ? MiMuughl ?n Wltiio?? Neblett. Another prop tottered when the onslaught on tbe star witness. Neblett. began Here the backstroke was not as effective, but enough was done to make the testimony all but worthless to the defense. Neblett had told of seeing Paul Bcatt'e with the gun In his bands on the Sunday morning before the murder, fully twelve hours after it Is supposed to have been delivered to the husband ?f the dead girl But four witnesses now came and explained how Neblett wns grievously in error or eise had dreamt a dream. Before they left tbe eourt these four had tangled themselves upon at least one plain point In their tale, but upen tbe vital tact all agreed and stayed unshaken, liven Neblett's best friend?or one of them?bollovea him not a wilful falsifier, but a victim of his own Imagination. At one time during the day It was said that the defense's witness had himself come to the same conclusion and was prepared to go ugaln upon the stand and admit Ids mistake. This, however, he certainly did not do. Upon these two chief features the Interest of the whole day depended. The genera! belief nt the end was that the prisoner had lost much ground on both. Odds and ends were picked up here and there. The defense unquestionably scored in the matter of the whys and wherefores of the blood spot In the road. The State's attempt to counteract the effect of the expert testimony that blood could and did pass through the machine to the ground was far from convincing. 'Again, the defense not only held Its own, but gained, In the Kastelberg affair, which by now however, hied become a secondary Issue. The best that can be said of this curious business Is that It has become one of the mysteries of the trial, and apparently will never be clenrly solved. (Squally reliable witnesses are nt daggers drawn here, and there seems no possibility of a reconciliation of their conflicting statements The prosecution fared not easily either in the establishment of a neighborhood reputation for Paul Beattle; the witnesses bud heard no evil, but could state no good. Both sides dodged Beulnh Blnford, the celebrated "woman in the case." who. after all. proves a mere pawn, to be moved about to suit either. I.angul.'hlng in her cell, bemoaning her sudden obscurity, the girl has had and will have no chance to sblno from the witness chair. It was a bitter pill, and she swallow?,! it with a prtmn-e and a wall of protest. She had expected a blare of trumpets, and got not even a street corner shout. There is no reason now why t\ie should not gc free once more, but even freedom has lost its charm. For a long time she set a price upon her picture. To-day she would willingly give it for nothing, but nobody wants it Beulah's vision of dazzling fame has vanished. Prisoner Early Astir. Tha crowd was smaller than at any] time since the trial began. The early | < hour of the opening may have account- : ed for this, or perhaps it indicated t reaction after the excitement of the precedng day. The morning was bright and cool, and the locusts were chattering busily In the big trees when ? the Judge ascended the bench, "for ' short time the elder Beattle stood o? I tho Jail porch and talked earnestly through the grated window with his eon. The prisoner was up and dressi d early and seemed in excellent spirits-1 He had no morbid throng to face now.! Vew people were on the green when he! walked across to the courthouse, with the Jailer at his heels. Very tamely the proceeding? begnn Beattle left his father within the bef? and went quickly to the witness chair. As on the preceding day. he reached at once for a glass of water and held a handkerchief in his right hend. touch? ing it Often to his Hps. looking calmly Into the faces o( the Jurymen, the pris? oner-witness then crossed his less and ptarted answering questions again. The court Interposed a word of warning to counsel. The examination of a wit? ness, he said, was an intellectual and moral test, and not a mere matter of physical endurance. Beattle had been on the stand nearly seven . hours and under cross-fire four. In t!je opinion of the Judge, one hour more for the State and a half-hour of redirect exam? ination would be sufficient, and he would limit the lawyers to this. "Though Holy Writ does not say so In words. 1 take It that the Queen of , Siieba found out all the great K.i:.g (Solomon knew in less than nve hours, j he said. "But ?he hod methods unknown toj us,'' laughed Mr. Wendenburg. IH (Tttle Stund? Aside. it was aver in ten minutes. The State's attorney asked a few scattering questions, and Beattle answered promptly. Suddenly the prosecutor an-| nounced that he was done. Mr. Smith smiled. "We have no question? to ask you. Mr. Beattle.' he said. "Stand aside" Surprised and apparently disap? pointed the witness stood up. stretch? ed his legs and drained the glass of water to the last drop "Do any of you gentlemen wish to ask any ques? tions." he Inquired pollrely of the Jury. None of the twelve stirred hcymul a negative shake of the head. Then he ; went back to his seat within the bar?I his great task done. It was an unt?-cl)-| max. Not a flicker of Interest' showed , . on the faces of the spectators. Every . body teemed halt asleep. But for on? more witness?.lohn D. Rlalf?whose testimony, Mr. Smith said, would con? sume one minute, the defense was . ready to rest In the absence of Blair.J who had not expected id be needed so Soon, the rebuttal began By means of a number of.witnesses the Commonwealth then se' out upon Its vital task of proving false that part of Henry Beat tie's story deny in? the Thursday ntgiu meeting with PaUl, when the gun purchase was arranged, It was no secret that the Issue ill the case might hang upon this very point Both sjdes were well aware of the im? portance of the result, and counsel drew the alignment sharply, contesting every point. If the State scored bore, all the prisoner's remarkable and almost unbelievable story would fall to pieces j or. the other hand. If Henry Beattle braved It nut, and '.he prosi < .tors l?st thlscard. its ca.-e would stand in gr.iv danger. But the prosecution did not lose. The first wltneBS or two proved dis? appointing to the Commonwealth- One of them toolt ?he State's lawyers by Surprise, and the Jury were Bent out while various points were threshed >.:'. ? In cross-examination and In argument by counsel It was pretty clearly phown, however, that early on the r Thursday evening before tho homi . The Virginia Home for Infants 100 West Clay Street, Richmond, Va. We have several nice healthy 1 ,s9hkh we want adopter! by responsible dtereona. Write ut or call and see them I Henry Bemtle went In hla automobil? to Twelfth and Hull Streets, In Manc? hester, anil there 'phoned to some per- j son unknown, saying: "I'll be there Inj fifteen minutes." The State claims that th's person was Paul Rcuttlo: the prisoner says It was Beulah Bin ford. A number of hiu friends were nt tho corner, and when he started away Beet tie Invited two or three of them to take a ride with him. To a mar. named Hart he said he could carry him as far west as Short and Main Streets. The' prisoner declares that he did this In order to throw the crowd off and let j nobody know he whs really going to| see Beulah, again: the State asserts that j Henry had In fact Just made n dettnite agreement to meet l'uul at Short anuj Main Streets The testimony >f these' witnesses was simply suggestiv.-, taken 111 connection wtlh the things that fol? lowed; by Itself It of course proved nothing. Knocks Out Hi* Denial. With this as a start, the prosecution! then proceeded to prove practically every step ot the actual meeting so vtg ?', orously denied by the prisoner. The! mother-in-law oi Paul explicitly told of the telephone message on Thursday j night. July 13; of Paul's hurried depar-1 ture from the house and of his return Inj an automobile about a half-hour later.! A confectioner at Siiort and Mainl Streets and one of the customers In nis store described a visit from Paul Beat lie on the night In question, the sub-l sequent arrival of an automobile, and I the departure of Paul Beattie in it with! n young man whom the storekeeper! says lookeel like Henry Beattie, though! he was not prepared to swear they were the same. Following came two other! men who saw Henry and Paul Beattie] together enter a saloon at Linden and! Cary Streets, remain u few moments.] and then leave by a side door. Shortly! thereafter an automobile started off. j Lastly came a neighbor of I'aul Beattie | and described Iiis return home In an automobile shortly after !';30 P. M. The chain seemed complete, without a miss? ing link. There were more than u half-dozen witnesses in all on this single incident, and against them stands the word of but one?the prisoner him? self. Counnel Fought Ilnrd. Counsel for the defense fought ditch to, ditch, but the odds were overwhelm-: Ing. Mr. Smith employed all the arts | i of wit and thinly-veiled ridicule to j break the testimony down, but In all essential features the witnesses held I .their own Occasionally there werel some contradictions and some state-1 merits thai appeared difficult to recon? cile, But these touched minor matters innd old not affect the main story. For Instance, one witness declared that the I top of the automobile which brought I Paul Beattie home was yellow: another declared It was too dark to distinguish the color. <?ne of the men in the saloon COUld nol tell whether It was Wednes? day. Thursday or Friday night w.,en the cousins came in; but another then in tin- place was sure it was Thursday. The confectioner could not make a pos , Itive Identification^ hut he wms roasor. ably certain in his own mind. At all I events, an automobile had come after I Paul, and it has not been shown that j the boy ever hud an opportunity to ride In any machine except that of his more I fmt iinate cousin. Hence where one of the chief wit ] nesses, such ?? McKvoy, was Indefinite on ome point, another, who had on Joyed equal Opportunities with hlm self, enme tight on his heels and . strengthened his story at the precise ; point where it needed strengthening : The generalship Of Wendenburg showetj I Itscll here. The wltm-sses appeared ? In the proper order, and Paul an\ Henry wore taken fp>m the house, car? ried around the loop and brought back again. Mrs. Ilnuchens on Stand, Most Important of the witnesses was i Mrs. A. B ilout-hens, the mother-In I law. On the night In question about j 9 o'clock the telephone In her honso J rang, und she answered II. Upon her l query as to who was at the other end I a voice answered "Henry Beattie" Ho i asked for Paul, who was then getting ', r<-ady !?> go to bed, Mrs. Ifoilchens i wenf after him and heard tin- conver l nation at her side of the wire After Paul bad put tin- receiver t.. his ear find held it thero a few seconds, he said: ''You want me to meet you at Short and Main Street? in fifteen min? utes'? Ail right: I'll be there." Dress? ing again quickly, Paul went nut and stayed about a hattS-hour He enme t'.ick In an automobile with another num. The ear stopped In front of Mrs. Notand'a house, next door. Mrs.) llouchens herself went to the door' and saw the mach'ne. She says the! top was up and described It us yellow. She could toot plainly see the man with [ Paul, and for that matter would not have recognized him If she had, as she met HenrV Beattle for the ilrst Unit at his home on the night following the homicide. But siie did hear Paul say "Oouil night. Henry." as he came onto the porch. lioitig Into the house. Uaul called up "Mrs Klsher" (Beulah Bin* ford) and told hor Henry would he there in a lew minutes to get his wife's dress Evidently she asked his name, for Mrs- llouchens heard him j say. "This Is Paul Beattle, a cousin of Henry." On Saturday night about 11 : o'clock the sa: ?; automobile brought i Paul home. Though she did not see! the number and could not tell a Bulck ' from a Chalmers, Air.-, llouchens was certain the machine was the same us: that In which Paul rode on Thursday j night. The prlsone- admits the Satur-j day night ride, but denies the other. Moreover, Mrs. llouchens was quite' sure that tho vo'ce In the telephone: was the same ae that which she heard over the same telephone on the fol- j lowing Thursday night?after the crime?when Henry Beattle says him- | self he called up Paul "to find out II the police hud been after Beulah. In connection with this latter niessagi Mrs. llouchens heard Paul make Ion two remarks In answer to what the man nt the opposite end of the wir? I was asking. These remarks were "Hasn't any one called me up except: my wife?" and "No." ? rlc,l to Show Anlntu*. Vigorous efforts \>' re made by coun- , Hl;I to show Ir. the witness an animus resulting from her fear for the safet> of her son-in-law. Mr. Smith was, very pointed and persist'nt In his at-j tack. lie brought out the fact that I Paul on the Thursday night after the ? murder told his family of the gun-j purchase, saying nothing of Henry's I alleged confession, and that the boy's relatives at once tried to induce html to go to the police with the whole | story about the gun. "And so you ?11 went to work wedge Paul out of It'.'" For a full half-minute Mrs. llouch? ens did not speak "Can't you answ.. that quest ion'.'" ??Yes, I can." sue said finally. "I didn't try to wedge h . out of any? thing. 1 Just told him to go and toll j the truth." The others followed. The cc-nf? tloner, a swarthy Syrian, .shouted out j bis story. Insisting from the lirst to the Intense amusement of the crowd, "\ no statement," Counsel for the d< fense had been rubbing It Into Chief Detective Scherer for tho grout batch of statements he has collected touch? ing the prospective testimony of sev? eral witnesses. John Joseph wanted to set himself straight nt once. Then he went on and told what ho knew He saw Paul In his store on the Thurs? day night and .-aw the automobile some up to the corner and get him. j Later Joseph went to the llenricq Jail to see If Henry Beattle was the "man who came In the machine. Ho ad? mitted that he might not have been able to pick Beatt.e out of a crowd, but he thought there was strong re? semblance between the two men. "Look lak" to me same f-f-fellow, but 1 no swear," said the Syrian. The tes? timony of Joseph wag corroborated In detail by Prank Mason, who was in the store when Paul Beattle came in and who also saw the automobile take him away. Saloon Incident. The Eaioon Incident was described by William McEvoy, nephew of the owner of the place, and John Britton. ; a frbnd. Both knew the Beattle cousins well. They saw the two come : Into the saloon and recognized them. McEvoy was certain It was not Sat- . urday night, but could not tell whether It was Wednesday, Thursday or Krl- I day. Brltton was rertatn It was I Thursday. Henry tvnd Paul stayed but ! .. few minutes ar.d lett through the | side door. Brltton henrd an automo- I bile chugging on the outside; McEvay j did not. Neither could say whether I the Beattles either came or left !n a motor car. Counsel fought hard to shake the hoys, but were Unable to do so. Brltton seemed to get hot nl times, and when Mr. Smith asked him to explain why Henry Beattle came In the front door nnfl went out tho rear, he very reasonably lost his temper. The return of the cousins to Paul Beanie's house was described hv Mrs Noland. who lives next door. She saw Paul drive up In an automobile about 9:30 or 3:40 o'clock on Thursday night There was OI)P other man In the car. but Mrs. Noland did not get u-ood look nt him. Both pot out and while one busied himself with the front llirhts. the other stood bv his side and talked The automobil*) top was up but It was too dark to tell its color.' Presently Paul wexr into his bouse speaking to Mrs Noland he went ? by. An effort was made to get Into the record a brief conversation she hud with Paul before he went through the door. Th? court, however, ex ? luded this As n matter of fact, Mrs. N<dand asked nul who the man was who hud Jusl brought him home and he sntd Henry Beattle. Later In the day Paul Pteattie's wife herself took the stand. She. too, con? firmed the Thursday night meeting j She said Paul pol back about !>:."." ' ; O'clock In nn automobile with a yountr man. who 'looked like Henry Benttio" j Fnllke her mother, she sit Id the top, which was up, war black, but tho ( titirht was dark and she could not be t sure. Both machine and men came . hack about 11 o'clock on Saturday nlf'ht, bringing Pktll home again, night, bringing Paul home again. Rh' was practically certain that they were the same. This time, however, the top was down and had a yellow cover. Mr Smith snapped her up at once. I "Haven't you been ralklng to some Q) Relieve* in 24 Honrs (Sum) Catarrh of the Bladder AU DrvwtlMt Rnuarm gy CounttrfHtt US, A.MTAL-MIDY T? AMfcatCAN ANft^KtfltOWiAH AVASD& IMC BEST ?3WO?PR?S^Smv" he asked inn," the 'I havo body about this trip since your moth-1 er testified?" "Tea, sir." "Who?" "Mr. Scherer." It seems after all the Beattie topi is really black, and mot the yellow which excited Roland SydnorV Ire be-1 lungs only to the cover pulled over thoi top when the lutter *s down. Attack on Neblet? Tlie attack on Neblett, who had said lie saw Paul Beattie standing in the door of a (foment houae on Mayo'a Island with a shutitun in his hands on the Sunday morning before the niurdei occupied much of the day, and was chiefly a victory for the prosecution, ? though ilH witnesses here did not i create as good an Impression as In tho matter of the Thursday night meet? ing. As day watchman on the bridge Paul Beattie began Ins work about 7 o'clock on the morning 'in question. The nicht , watchman, whom he relieved, an honest-looking Irishman, with an honest, rolling brogue, saw him come on duty and at that time Paul had in his hand nothing more dangerous than a roled up newspaper. So far .is the night watchman knew there was no gun In the .jement house either, though he admitted that one might have been crncouied there without his Knowledge. At all events Paul carried no gun with him to work, and uppar- j ently he could not have gotten Into tho I house without the knowledge of the man on guard between the time the | weapon was delivered and the time j he reported for duty the next morn j ing. The night watchmun on tho j Island Itself. Paul's own father-in law, had also seen him come walking straight across the bridge and he had no gun. One after nnotijer, four other men now appeared and declared thnt they had witnessed Neblett's arrival op? posite the cement house and pis de? parture, and that during all this time Paul Beattie never once enterod tho bouse. Kor tile most part he sat on a log talking with n nc-?t??. and did nut even go forward to speak to Neblett as the latter has stated While Neb? lett was anywhc.ro within the neigh >orhood the four men never lost sight of Paul. The boy hail a pistol stuck in his hip pocket, but ho shotgun tvus anywhere about. Tho four were absolutely certain as to tbl!>. When It came to some qtn, ,? details, however they differed widely, though all were . looking upon the same scene at the I -ame time. There was, for instance, much conflict as to how long Hull sat on the log. Smith After Thrni. Mr. Smith ridiculed the idea that witnesses could so dearly remember an Incident many weeks old. concern? ing which they had no Idea of testify? ing until two or three days ago Me Bought to discredit: some of them. 1 V\ere yo.j not shot at by an officer! and arrested for gambling?' one of the four. "No officer ever tired at witness replied with vigor, been arrested for shooting crap and Playing poker, and I paid mv fines too. if you want to know It." Another went into an elaborate ile-i scriptlon of Die mornings events Ho! had pictured Paul on the log with I the negro. I "Then Paul gets up and walks over to the little arch bridge and sits by me. Then a big bug bites Paul on tho! neck, and I takeB a chew of tobacco outer me mouth and ties !t on Paul s neck." "Which side of your mouth doosj you take the chew of tobacco outer?" ! says Mr. Smith, endeavoring to test the 1 witness's memory still further The, query was later waived without en an-i swer. * Despite these incidents the attack on j Neblett carried much weight, ami was further accentuated when a warm p.-.r-i sonal friend of the man took the stand' and by his manner clearly Indicted] that he believed the defense's witness hud made a mistake. In facft. he said Neblett did not even know Paul by sight, and had got him to point the boy out to him on the court green a day or two ago Mystery Deepen?. Mystery simply deepened when It came to the Kastelberg affair. Tho last witness for the defense was J. D. niair, Jr., one of the Bon Air dancers who came down the Midlothian pike a very short time before the murder oc? curred. Lllair was traveling in the first cai?Roland I.asslter's?that left Bon Air between 10:18 and 10:30 P. M. on the way back to Richmond. Just on the other side of the pump referred to by Kastelberg the car passed an automobile standing on the right side of the road. It was a maroon-colored Knox, with nickel-plated lamps. In front of It was a man stooping over slightly, and on the left running board stood a woman. Blair did not notice the number of the machine, but took it to be the D-11 Knox he had seen ir, a garage a day or two before. Thlf I Is the number of Kastelberg's car. As he went on down tile road Blair saw no other automobile. He stretched out oh the seat and chatted with a friend, and If there was any othet party on the pike he failed to observe It. Soon afterward came Roland l.assl ter himself to the stand and declared that he knew both Kastelberg and h'.s bin Knox car, but had seen neither on the road that night, though be t-av eled In the same automobile with Blair. Instead of that ho had noticed f.irtlmr this way on the pike?near the scene of the murder?a standing yellow-top car resembling Beattie's, with a wo? man also upon the running board and a man In front. This woman had on no hat. but a long tan coat, such as Mrs. Iteattte wort. Kastelberg's com ' panion was dressed In white, with rt 1 mushroom hat Lassiter was not wlll : ing to dispute Blair, whose reputation j for truth he warmly commended, but at the same time he stood his own 1 ground?that he saw j. different car In la different place, Here Is tho mys 1 tery. There seems a mistake some- ! I where, or else two standing cars In the road, several of the .?sinn party j seeing one and not the other, and see I eral seeing the other and not the one lit Is a curious twist around. Finally, the keeper of the garage| patronised by Kastelberg tcstlhe-l that j to the besl of his belief?though be i could not bo certain?the Knox car I was back In his place by 10'3u o'clock Ion the night In question. He gave I certain good reasons why tho time was somewhat, though not quite defi? nitely, fixed in hU memory. This only served to muddy the waters still more It looked now as If the car might havo j I returned to Richmond before the Ben | Air partv over started name, or s.1 least very soon th?ro if tor. The crowd gave It up and left the puzzle un? solved. Other Matter*. It was a dull day of small mailers after this. Counsel argued .rthny points of law, nnd the Jurymen twVre kept trotting in and out of the room. Several of tho decisions went ?galtst the State and at least one of theni excluded an Important Una of testi? mony the Stute ha<l hoped to bring in in fbii'tol. This co.i; : lied p?i ticuiarly a rehearsal or alleged ?nn tllctlng statements in tHe -torlos told lrom time to time by the prisoner him? self. Many character witnesses for Paul appeared, but could not say much. Evidently their own opinions favored) tlie boy, but they could not, spea't tor I the neighborhood at l.-.rge except to | say that th;y had never heurd evil j report of him. Mr. Smltn went aftor | every ono of these witnesses, and forced the testimony of ueve'-Hl fr.iiri' til.' 10. ?.od. The State Introduced epcrts in the hope of showing that blooo could not have gotten through t'lo a,it ?mobile in the manner described by Health's defenders, but on this pilot the pijs oner's witnesses seemed fxr clearer and surer. The alleged discovery <*f hair in the autoinoo l?- Feat w.is ex-i eluded. Mow and tien i witness came in with corroborutlon of ?omc point in Paul's ion-: itir?*?the time lie oult '.vork on the Saturdly af tern ion when I the gun was purchased, th.i amount of money In his pay envelope. .1.3 pre*- ! enee In the BeutHo s'.or-i shortly before 10 o'clock that n'vhi, his meeting with Henry 011 ihe night he says the con? fession was made, and the time of the delivery of the gun A l rother of tin .lead -ui Intimated that Henry Beattld ?.iei\ in re of the so-called rod gauntlet than ne Una slated, but this was nit brought clear? ly ou;. The s.ainc wi'.nusa stated po.il ;lvely that on the lllzht of th?; horn! clde Henry had started from the gar? age at 7:4.1 o'clock, still furthor In Teasing l>e length of the interval i he says he spent llxltig a tlr.. and thi State charges he spent nrringlr.g foil th'i sttosoi|lient muriler. He i!;o dt- I clare.J that on one occasion, about two weeks before she was killed, Mr.-. Beattie was so angry wrh h< r bus band thai she would not kiss h'li.i What this something w is the witness Wan not allowed to state. On the night the alleged confess' vi war. .made ho sow Paul and Henry In close cauver-' Ration on the porch, and later on in the dining room He did not know what they talk" I about. A railroad conductor declared that it was no unusual tMng to see men wlih shotguns along the route fol- I lowed by one of the supposed I'tpK- j waynien introduced by the defense ! More scraps came forth from time to j turte. ami then suddenly H ended. At tlrst both sides hesitate! i<, ihiii th? testimony off compietel/. Finally, by, agreement. It was decided definitely to close the cat>e. It is not Impossto'i, | but extremely 'mprobnb!-?, that mere I will he any more witnesses. To all' itlten's and purposes, the eyidbm'e in tiie Beattle trial Is now .1 seale 1 too BOTH UNABLE 10 RUSTLE FOR VOTES Wendenburg snd Gregory Feel a Greater Responsibility on Them Now. While there was every Indication in I the beginning that th Beattie trial! would end before the primary election j to-morrow, the unexpected run of evi? dence means that a verdict will nol I be reached before Friday afternoon at the earliest possible time, if then This means that Commonwealth's At? torney Grogery. who Is a candidate fot 1 re-election In Chesterfield county, will : be unable to get out Into the campaign, though hp will, at least, he able to I vote. Friends of Judge Clregory said 1 yesterday, however, that he was al- j most certain to he re-elected by an 1 overwhelming vote, so they sent him word that he might as wc'.l go on with 1 the case without bothering about the 1 election. Louis O 'Vendenhurg. who was ask-: ed to assist in the prosecution, and who consented to serve as a public duty without any fee whatsoever, lias been I kept out of the campaign after he had made a fine beginning in his race for the otate Senate from the Sixteenth Senatorial District against Judge T Ashhy Wlckham. Since going Into thr case on July 22, Mr. Wendenburg hat been steadily at work on It. and con? sequently he had to cancel all of h).? speaking engagements. But his friend.' have been active In his behalf. Mr Wendenburg Is confident of victory, though he fluid yesterday that he would not take one minute's time from the trial, even If it Is necessary to Insure his election. Like Judge Oreg? on-, he has simply been anxious for his fr'ends to renTember that more Im? portant duties made it Impossible for him to get Into the campaign Just now. PAUL AND BEULAH STILUNJRISON But Formal Order for Their Re? lease Will Be Signed by Judge Watson To-Day. Formal order for tho release from custody of Paul Beattle, cousin of the alleged wlfe-murclercr, and Bculub Blnford, was not entered yesterday by Judge Watson, and the two young peo? ple, who were detained as most Im? portant witnesses l?y the Common? wealth were still In durance vile last night. ? Paul seemed not to mind. He has seemed not to mind anything slnco his violent attack of hysteria, when he divulged the information leudlng to Henry's arrest. Tie smiled content? edly last' night, nnd said he supposed he would get out In a day or two?said It In a way es if he didn't much caro whether he got out at all or not. Beulah slept peacefully. She had not been feeling Well for the. past few days, and decided to go to bed early. There was no opportunity ot seeing her lust night, nnd her state of feel? ing us affected by tho result of yes? terday's proceedings In the famous trial could not be learned. She was calmed to sleep by that old song. "My Old Kentucky Home," suim' by the care-free negro prisoners in the Henrlco County Jail. She had a short visit from her mother in tho' afternoon, and Cousin Paul was v'sit ed by an uncle last night. It wns c.loHlng-up time at 9 o'clock, and the uncle, after a word of advice nnd consolation, withdrew. Then Deputy Jailer Lyne closed the heavy oilier door, nnd turned the key. Sev? eral noisy children were driven away, and all -the prisoners in the now noted Jail slept peacefully and well. Tt Is probable that Judge Watson will enter an order to-day for the re leaso of Paul and Beulah, HENRY OWEN SWEARS COUPLE HAD WORDS (Continued From Seventh Page) Mr. Smith. "Are they to go over the whole ground ugaln?" "Tlie Jury is entitled to the Informa? tion," ruled the court. "I know once thut she was mad with him," answered Mr. Owen. "It was about something she bad told mo." "You cannot testily to what sht told you unless the accused was pres? ent," rulod tho court. To tile Jury he Instructed: "You can consider as evidence thai part of his answer that he hud seen Mrs. Heattle on one occasion When she would not kiss her husband. You must eliminate all oilier Insinuation as to'her having said she was angry 01 displeased." "When was this occasion?" tho wit? ness was usked. "About two wooTcs before her death." "Was there any special occurrence," asked Ju'lct Watson, "by which you can llx the tlmo when Beattlo tame out of his garage with his automo? bile the night of ITic rfbmlclde?" "Yes, after I saw him go out I walked over and not on the quarter ! to s cur and went over to Richmond, ! und the clock struck H nfter I got M Seventh and Broad Streets." James Rafter, night watchman on i Mayo'a Bridge, was recalled. ?;What time did you relieve Paul on j the Saturday preceding the homicide?" "It was about half-past 4 o'clock i In the afternoon. It might have been | a few minutes sooner" "Did Paul Beattie "ind Mr. Neblett know each other and talk togethei , of ton?" usked Mr. Smlilj, "1 don't know. Mr. .?.??< Irtt work.-.) | ul nicht," answered Mr. Rafter. Knw Thcin Together, Too. .lames Lloyd, a near neighbor ot 1 the Bcattlcs, was culled. .io you know llonry C Beattie, Jr.. the prisoner at ihe bar?" ?Yes, sir." "On the night of the murder did you see him when ho left his gur.isc?" "No, sir." "Did yon see Paul Seattle at his residence after the murder?" "Y'es. sir, the night after." "Where 7" "On the side porch with Henry. They were alnnc." "About what time was this?" "About 7:45 P. M.. Just nfter dusk." "Did you see Pmil there again on on Thursday night." "I was not nt the Beattie home Thursday night?" Detective Servant Wiltshire was re? called to rehot the testimony of David Weinstein, son of the pawnbroker, who sold the gun to Pnu! Beattie. "When did David Weinstein tell you Paul got the gun? ? >t n ejiiartef past in o'clock." "Who was th?re When he told you?" "Tl^- three Weinsteins" "Any other officersT" "No. sir." Commonwealth Heats, "We rest for the Commonwealth," announced Mr. Wendenburg. suddenly "We reserve the rlgnt to put on any? thing that seems material in the morn? ing," he qunllned a moment >:iter. "Then we reserve tho same right." said Mr. Carter promptly. "I think tnis Is a good place to ?top,*' Said Junge Watson. 'The next : thing to be consldet ed Is the Instruo- , tlons. Have you gentlemen prepared j any?" ''We have not.-' answered Mr. Smith. "We have been working like galley 1 slaves for the p?st two weeks ns |t le." I There was a conferor.ee between at torneys, and Mr. Smith announced that neither side would insist on a view of the scene of the crime, unless the Jury asked It. Judge Watson turned to tne Jury ; and asked whether the members thought they would understand the ' argument bctt?r after looking over the ground The Jurymen Indicate.! , that they had no desire to visit the ; scene. Argument In fhnnibrm. Mr. Carter asked whether the at? torneys could not meet the Judge in Richmond to argue the inst ructions in chambers, suggesting Mr. Smith's j otilce or that of Mr. Wendenburg. Judge Watson agreed that time would | [bo saved In having the argument Ohl instructions In Richmond, und after I i_1 a conferenco It was agreed to have tho argument to-day In tho room of tho Court of Appeals, at the State Library, for convenient access to the Law Li? brary adjoining, as It Is expected that both sides will cite many authorities. The argument will open at noon. The Judge expressed bis rcgrots to the Jury that completion of the hear? ing before election day would be Im? possible. 'I will not be able to vote, as l vote In Nolloway." he explained, "and, of course, the Jurors will not he allowed to vote." Argument of tho case proper will begin at Chesterfield Courthouse to? morrow morning at 10 o'clock. Tho Judge suggested 9 o'clock, but Mr. Car? ter protested that at least the attor? ney. might be allowed to vote. He said he had no doubt of the result of tho senatorial primary, but that thero was a close tight for the State Senato In his district, In which ho would llko to cast his ballot. "You have forgotten to m?ntlon tho fight 1 have on on my own account for the State Senate." remarked Mr. Wen? denburg. With the consent of both sld?s, it Was made a matter of record that It,Is two and one-fifth milea from the blood spot mat king the scene of the crime to the Fielt Line railway crossing, both ;???'?:?ts being on the Midlothian Turn? pike. Court was then formally adjourned until to-morrow morning at 10 o'clock, and Sheriff (1111 was directed to take charge of the Jury and prisoner. The proceedings to-day will bo of a purely legnl arid technical nature in cham? bers. Will Not be Limited The understanding among the at? torneys is that the argument will not be limited. Th" Common wealth will open on Thursday morning. The de? fense will* follow nnd the Common? wealth will close some time on Fri? day, and the case will be at once sub? mitted to the jury. It had not been determined last night #ln what order the attorneys would sponk, but all agree that from the wide range that the evidence had taken, the bringing In of some apparently unrelated facts, and the presence of some conflicting circumstances. Chat the argument will prove a most Important part of this trial. Th" prl: oner and his family left the courtroom last night with the feeling that u i^ng drjwn out ordeal was nearly at an end. Newspaper men began preparations for prompt flashes announcing the verdict fine enterprising correspondent has bad a special wire run Into a giant tree. frnm the branches of which tl.? operator can look down Into the courtroom The solemn word of this paper and Its representative l? pledged that but ono word In ever to be sent over that wire, which Is connected through to New York When the Jury finally returns to Its sent, and foreman Farley hands the verdict to rierk Cogblll, the operator may send but one of three words: Acquitted, guilty, mistrial Other equally In? genious nnd enterr>rl"lng correspond? ents have arranger! n code signal system, by which a wave of the ttand from the courtroom wlndo-.v will send the news of O-e verdict speeding ? igh trie trrent press associations to every paper of Importance In the ! world. ENLARGE CEMETERY Committee Recommends Securing I.aue \djoining Oakwood. The Committee on Cemeteries la'st night recommended to the Council the purchase of r str'r? of land 1,20.0 by I6C feet adjacent to Oakwood Cemeterv for the use of tne cemetery. The land is owned by Kml! I'ollg and Miss Mabel O'Brien, who want $10 per foot am. In addition l-t.T.SO and J3.750. respec? tively, for houses located on their j property The committee recommend; that the property be obtained by gift purchase or condemnation. It Is be? lieved to bo hardly probable that the city Will be. willing to pay the prlcn j asked The contract for curbing and gut? tering In Oakwood and Maury Ceme i teties was awarded to . B Chewnltlg.