The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-11-14

condemned ann 10 deAtn WAS u"' 50
der the rulings OF the court complain :
ed of herein. sacn "a fair, nnhissed anu
Impartial jury az the law provinces
and that he ia not get fair trial
10 which he was entitled. ana that ahe
process OF iaw. which includes a trlel
aefore IL fair and Impartial lury was
denied him.
The seventh bill of exeo"ptIon re-
iates tu the competency on juror
Thomas A. Hancock.
The eighth IN to so 10 the alleged
improper admission efihe "i'eaF Kid
letter.
Technical Point
The point raised in defendants
ninth exception relates TO the reieN-
ancy and admissioiisty of the evidence
uuder the indictment
The indictment charges that the
wounds which caused the death OF
the decedent were wounds Inflicted
on the face. The language is; in
and upon the faee Of aer, the said
Louise Wexford Beettte,' page forty
b9uF OF the record.
SIT is manifest that this language
charges death re have been caused 10y
wounds en- and injuries To the face OF
DEF edeIi That being the case. all
evidence in the case showing. or tend
ing 10 show. death from the shot nav
ing penetrated her skufl ana brain
should have been excluded. IL is pos
ssole that wound in or on the face
might have caused death. Trysipelaa
or blood poisoning might have reauit-
ed. but not only is there nothing IA
the record to show that aeara result
8ea In this case from an injury 10 de-
ceaeBts face. rut even mad there
been. this would not have authorlz-
ed the Com aaweaith 10 nave reiiea
eu evidence ot death from injuries IN
f ~ hay ali
court allowed ii to do, uniess the in
aietment had 80 charged
surely the difference between the
charge IN the indictment here, yiz: IN
ana upon the face CT her. the SAID
Louise Wexford .Beattie,' and the evil
denc4 OF the cause OF death In more
serious than II was in either of the
ABOVE cited cases. Not only should
lha e--iaeass- Objected TO In r;1tE-p pm
or exceptions have been excluded. bur
under the decisions of this court a boye
reIefFed 10 the verdict complained or
IN the seventeenth bill or executions
should have been set aside az contrary
! atats unsupported by The law ana
evidence.
The eleventh bill of exceptions
pages forty~five and rorty-six Of the
I record, shows that the Common
WeaHh was allowed against the obIec-
doh OF petite her to prove by Mrs
p"@h. the mother OF the decedent
taat whilst her daughter. the dece-
r@f4f, had en several occasions before
lAe night she was killed invited her
~ the presence OF the petitioner 10
y" riding with them. that she was not
thfIse" that hiGht by either petitioner
or her daughter 10 go. This. he sub
Nuts was errcf. The evidence WINS
utterly irrelevant and improper. I'M
/ less il was u suspicious circumstance
rms II could not, under the ctrcum~
stances, nave been, and the court by
allowing 1t to be introduced in eyi-
dence over the objection Of petitioner
must have produced. the impression
on the jury that In its tthe courts,
opinion Il was "a circumstance whic h
they had the right to view with sus
picion.
speech Improper.
The fifteenth bill Of exceptions.
page 81 of record, sets out certain
iaftsnage used by the special counsel
Tor the commonwealth in his closing
speech, which was duly excepted to
aud made d part Of the record. which
We submit was highly improper and
pre1adiciaI to the defendant.
the language in the present ease
rs: They tell you ~ let him 10
free Let him go free | tell you that
every unpublished murder takes ave-
something from the. security of every
| mans life. You let this man go free
/ ana You viii tax. away something
from the security of every one of our
hNes EVERY unpunishe.. murder OF
"a wife takes away something from the
security or every woman's life ana
. ADDS terror to our homes. You lei
. this man SO free and say to the
state Of Virginia. Go TO the grave
al N,-p
wife murderer, McCue! Go to me
grave of the wife murderer, Jeter
Phiihps' take UP their bodies and
apologize IL Them for the way YOU
nave treated them, and put a black
band around the escutcheon of Viz.
. ginia and wear it until eternity
Surely Il will not be denied tha,
the reference to the three nurdefers
, who had been hung, and the state
meDt made by the special counsel fu,
: the state IN the case AT bar, that tia
danger to all human life Gneludins
, of course, the lives of the jul ors
. themseiVesi would be increa sed ~
the aeauittai of the accused. was oh.
) lcctionahle, both on the ground thai
II was commenting on facts, which
T had not been proved, and which
could act have been proved. whiet
were outside OF the evidence" bu,
8itiIti 1tsp strongly ltiiutU to arouse
sympathy. prejudice anS re..ntmeni
| IN the minds OF the jury" II Indeed /,
did not tend 10 arouse fear
Doubtful Testimony.
. In reference to the motion to SCI
aside the verdict in the case at bar
which is contained in the seventeenth
| htll Of exceptions your petitioner feel,
that the record shows that no such
verdict should have been rendered OF
the doubtful and conflicting testimony
IN this case. The proof is uncontra-
dtcted that the relations between hin
and his Wife We're cordial and friend
~. This was shown by numerous wit
neSses. II was also shown by the un-
uncontradfcted testimony of 'unim-
Preached witnesses who had known hin
from childhood. that he had an amiabl.
ana kindly disposition utterly igcon-
sistent with the commission OF ths
atrocious and brutal crime with Whicl
=. he WAS charged. Tire claim that sucs
Il man under such condition rommitte.
/ such ii deliberate cold hlooded ant
brutal crime almost challenges hellet
| ard should not have been sustained
! on the evidence set out In this re-
I cord.
Your petitioner, however. is advised
. that under the strict rule applicable
! to "a motion To set aside n verdict he
i can hardly expect for Il reversal of the
! Judgment on the ground sect out in th
oil of exceptions, except on the ground
raised In the ninth bill of exceptions