The Montgomery advertiser., 1905-01-17

| fendant and the community, he pointed | out the law in murder in the hrst ana second degrees and the 1urisdlctloh ol | the court. Then he said that the charge against the defendant was either mur- der in the first degree or nothing, m
 tho former case he being not entltieo | to ball under the law.
 l The speaker then devoted his atten- tion to tho motive that he averred in- spired the defendant to commit murder. of the undue intimacy between him and the dead mans wife, which he said was Inot necessary for the prosecution to prove in order to show motive The motive was apparent on the surface, he said. Referring to Lawrence and
 the widow of Beiman. the attorney said with emphasis:
 When everything connected with | this case is brought out Lawrence will
 have company behind the cell bars.' | The speaker showed 1nger-prints | and blood marks inside the box that
 contained Beiman's pistol and laid
 bare a new phase in the testimony. l declaring that the finger-prints and
 blood marks got there in Lawrence's | clever scheme to cover up the crime | by making appearances show that it
 was an accident. He laid stress on | the significance of the deceased mans hat on which were powder burns. on 1 other articles introduced as evidence.
 on Lawrence's demonstration of the al- legged accident and on the two cart
 ridges that remained in the pistols l chambers when the defendant empticd | the revolver to clean 1t. | The very fact that the hammer
 cooked as he held it, fell upon the one | cartridge that was left" declared
 Judge Craig. disputes the theory of | accident"
 Colonel Quarles followed with his | plea in behalf of the defendant. He i read extracts of law and dwelled on 1 the law governing committing magis-
 trates. He also read from a standard
 medical authority passage on pow
 der burns.
 The State has absolutely failed to make out a case of murder" said Col
 onel Quarles, and later; Either the counsel for the State could not prove l by other witnesses that there was a
 quarrel between Beiman and Lawrence
 prior to the tragedy or they have fail | ed in their duty. = The City Attorney with the help he could get
 has raked this city from one end to
 the other with a fine-tooth comb and
 brought out nothing but scandal and | lies"
 The attorney for the defense contin- | ued fin an eloquent appeal for the lib- erty of the defendant whom he said | had shown by his conduct and de- l meanor in the face of villification that l he was not criminal, and asked for
 consideration for the widow, daughter and son of Beiman, whom he said had
 been scandalized by the prosecution. The State witness who did not testi- fy, but who has come in for share of
 notoriety in the case, S. Eagle, was denounced by the speaker as the man
 who had prejudiced the mind of Bei-
 man in his dying hours against his
 own wife and his trusted employe. In reply to the prosecutions intima- tion that other arrests would follow. Colonel Quarles said;
 Let them. touch the widow in mourning and her children, and bring
 them to jail and they will be shown that there is law in this land against the false Imprisonment of the inno- cent.'
 The speaker followed the trend of the evidence which he held vindicated Lawrence. His perioration was elo- quent and at the end he appealed to the court to discharge the defendant. The final argument was by Mir. Mo Leod who explained at the beginning to the court the presumption of malice which would be sufficient to bind the defendant over to the grand jury. He
  suspicion of murder rested as in the i defendants case. is before magis- | trate he must bear the burden. must provo innocence or the States evidence must be in rebuttal.
 He also dwelled on the blood marks in Beiman's pistol box and on the dep osition made by the dying man. The dying statement, a direct accusation
 against Lawrence, he said. was legaI' evidence and testimony which was sut- fcient in itself to convict the defend- ant. The attorney brought ou the tes-
 timony of pr. Gay who heard Bei- man say: You want to marry my
 wife; that's why you shoot me.
 When Beiman first said the shoot, dng was an accident as two witnesses testified he did not especially mean
 that it was unintentional, argued MT. Mcleod The word accident, he said
 meant something unexpected as much
 as unintentional.
 We ask that the defendant be com
 mitted to jail to await the action of
 the grand jury" concluded MT. Mc-
 Leod.
 Lawrence was calm throughout the
 arguments by the three attorneys, and
 did not appear nervous when the yer
 dict of the court was pronounced. His
 brother, C. D. Lawrence sat by hls
 side, and several times showed signs
 of emotion.
 Butler Comes Clear. George Butler. the young white man charged with the thieft of q gold watch and other articles from R. M. McAdory. was acquitted in Police Court this morning. He was formally charged
 with grand larcency.
 Butler was represented by one law yer and City Attorney Schafer conduc-
 ted the prosecution. McAdory testified
 that he had lost gold watch worth $50 and a knife worth 65 cents, and that on notifying the police the latter had arrested Butler The defense proved by witnesses that the day Mo Adory lost the watch he was intoxi- cated. and the prosecution was unable to prove that the defendant committed the theft. The knife was found in Buffers possession. but 1t was proved that he found 1t
 Butler is believed to be mentally un- balanced. He is a machinist by trade.