The Birmingham age-herald., 1911-08-26
Witnesses Describe Cries of Woman and Report
 of Gun
DEFENSE SEEMS TO
 BE LOSING GROUND
K. L. Sydnor, Dairyman, Tells of Automobile Stopping Near Scene of Crime and State Says
 Beattie Hid Gun Then

Chesterfield Courthouse, Va. Angus 25.-R. I. Sydnor, dairyman; San | Tally, day laborer, and A. K. Briggs the 15-year-old son of a Richmond contractor, took the witness stand ir old Chesterfield courthouse today and gave what the prosecution regards as the most important testimony so far introduced in the trial of Henry Clay Beattie, Jr., for the murder of his wife
 In all an even dozen witnesses were heard, but Paul Beattie. the star wit ness for the commonwealth, was not among them. He may be called to- morrow afternoon.
 A great deal of the testimony that came out at the coroner's inquest was |retold today.
 Sydnor swore that between sunset and dark on the night of the murder he saw an automobile similar to Beattie g halt at the roadside not far from the scene of the crime. man stepped out he said and this man, the prose- cut1on will attempt to show, was Beat tie, concealing the gun with which it is alleged he shot his wife.
 Tally swore that about n o'clock that night, sitting on the back porch of his home, he heard the scream of wom- an, then a shot, and finally the noise of an automobile starting. The Biggs boy testified that some time between 10:30 and II on the same night he and a number of companions in an auto mobile passed a car at the roadside, a stones throw from the spot where the murder is thought to have occurred. A man, he said, apparently was fixing a tire of the machine; the woman was standing on the running board.
 The boy was not asked If the man he saw was not the prisoner, but under cross examination by the defense he maintained that they assed no other car on the remaining portion of the Journey to Richmond some of his } .,, s.fs.a ra-.ns pfl, he eauss'-slt i~sflfp along this line somerf1U
 -Just between sunset and dark tes- tifed Sydnor in direct examination, T saw big automobile going west along the turnpike very slowly
 Who was in that car"
 one man"
 What did he do as he passed? 7?
 He ran around and stopped ahead of me-
 How near was the place he stopped to the blood spot which marked the scene of the crime?'
 Not more than 90 feet, either way" said the witness.
 What did the man dor
 Reattie Interested
 Beattie leaned forward in his seat and gazed intently at the witness as the question was asked.
 When I left him. said Sydnor he was working in a ditch at the. roadside on the machines right rear tire
 was he an old or young man%'
 He was a young man and wore a brownish suit"
 There was a hush in the courtroom as the sheriff unrolled the bloody brown coat worn by Beattie on the night of the murder. The witness said the color of the garment resembled that of the coat worn by the man at the roadside.
 He was instructed to look at the de- fendant and state If the man was the same size.
 Yes" said the dairyman slowly. about the same size.
 Have you seen the Beattie automo- bile since the murder?" he was asked. Sydnor said he had and that generally 1t agreed in appearance with the car he had seen on the roadway
 Tt was a big. four passenger car, " he said, and the top was yellow"
 The Beattie car has yellow top.
 Cross-examined by. H. 41. Smith for the defense the witness admitted that he was not an expert on automobiles and might mistake four-passenger car for a five-passenger car. He stuck generally to his story however
 Sam Tally. who said he worked in a quarry, followed Sydnor on the stand.
 T was sitting on the back porch of my house about 300 yards from the road Tally testified in direct examination, when all of sudden, about Il o'clock, l heard the scream of woman, then a shot In about 10 minutes more I heard an automobile start.
 Did you hear anything else, the cries of man for help or the footing of an automobile horn?'' asked the defense in support of Beauties story that he had tried to summon aid after a bearded high wayman had fired into the car.
 ''I did not, said the witness. But on further examination he admitted that he might have said on the morning after the crime that he had heard an automo- bile horn sounded He recalled having talked with Henry Beattie and party of officers when they visited the scene.
 What did you say then?" he was asked.
 q said that if a man had shot into a car of mine I would have crawled out over my wifes body. grabbed his gun and beaten him with 1t until only a frazze was left"
 Other Witnesses
 Among the other witnesses at the aft ernoon session were T. F. Pettigrew to whom negro delivered the gun: N Fl. Jacobs, justice of the peace of Ches- terfeld Eddie Shepardson and James Thomas. both negroes, who live near the scene of the crime.
 Jacobs who was called to the Owen home soon after the tragedy. testified that Beatte gave him a statement of the al legged encounter substantially as told tc others Beattie had said, however, ac. cording to Jacobs, that he did not believe he could identify the man who fired tho shot. The witness said he had examined the victims body and had found dirt-hs was not sure it was grit--in tho bloody hair. He said he had seen blood on tho gun. but under cross-examInation ad mitted that several persons who had beer around the bloody car had handled tho weapon.
 The negro Thomas, whose house stands about 15O yards from where the bloot spot was found In the road. testified tt