The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-08
Jury Instructed and Ar
gument in Case Now
Half Finished.
W~ENDENBURG AND
SMITH SPEAK D
Courts Charge Consists Chiefly
of Declaration of Elementary
Principles of Law Touching
Rights of PHsoner-Day
Brings Little if Any
u. Change in Situation.
By JOSEPH F. GErsINcEn.

BY JOSEPH f. GErsINGER.
Before another day passes Henry
Benttie, alleged murderer OF his wifi,
Will know whether he Is 20 live ar d,o
With the jury instructed and hal,
tho argumen finished. there is moth
ing to alter the gloomy prospect that
seemed yesterday to spread before IN.
prisoner at the bar. In the courts
charge to the twelve countrymen with
In tho box the defense appeared at
nrst to nnd stme need of comfort, ana
counsel certainly. with signal ability.
Fought nanfully against fearful odds
But when II was over and done and
sober second thought began to take
account OF the ffteenth days record.
not much appeared to tip the scales
OF justice either way. both sides
merely had a full and even inning. and
to both the dozen Judges listened cour-
teousiy ae II perforce. There can DO
little doubt of 81 row. The Beattie
jury is interested. but not sweyed. BY
lawyers SKILL play OF words. To
their own minds and hearts these
sturdy. honest farmers Will turn for
guidance. and waste no time deciding.
'ihy Get Verdict To-Day.
BY sunset the celebrated trial that
So ohAOb SnOEe 10
shore will be at an end. Early this
morning counsel will be IN the arena
again. struggling to tho last, and
never losing hope. For the State.
Gregory. and for the defense, Carter.
have already spoken. It will now be
smith against Wendcnburg in the or
der named. and no mercer legal battl,
will ever be seen in virginia courts
Respecting and fearing each other for
talents known throughout the South.
often heretofore shoulder TO shoulder
out Tor once at daggers drawn. these
two. keen and brilliant in superlattyel
degree, will measure their strength
upon q Held worthy In every way Of
the greatest EFFORT of their lives. In
their future hangs in the balance. too,
and both know It we'll. There will be
no halfway light.
About the middle OF the afternoon
or at all events by supper time. tbs |
jury Will take the case. Within an |
hour, as often said before, the result
IL is believed. Will be known. There
seems iittie hope Of acquittai and but
small d ger OF a mistriai.
Beattfe still thinks he Will eat div
ner with his family Sunday, but those
VINO stand BY looking on shake their
neaos n turn away from the sight !
OF the hopeful. smiling boy with the
sword hanging perilously above his
cheerful head. Surprise often comes
where things seem fixed, and Beattie
may yet walk forth a free man. Ru1
It would be a surpris indeed u thi.I
should happen now. and few expect to
live to see II.
Sensational Rumor Denied.
sensational rumors continued to ny
about during the day, and In spite OF
pointed denia!s attracted many be-
levers. The circumstantial account
of one eyewitness to the crime, who
deliberately described the whole MUIR
derous scene on the lonely pike caus-
ed a morSentary %flutter, but soon was
c~atalogued among the other emana-
tions from disordered brains that an
pear to have found in this trial a
signal for sudden activity. AS a ma1-I
ter of fact. however, this so-caled
eyewitness was marvelously correct
in some alleged features of the case
and In more than one instance relat-
ed circumstances suspected but never
definitely established by the Common
wealth's investigators. In view OF
this n thorough inquiry is being made
into the history OF the man, VINO is
now in Chicago, and his story Will he
carefully scrutinized before il. is
finally abandoned. MIR. WendenburS
declared yesterday that he placed no
reliance whatever in the new witness.
but that as q mere matter Of precau-I
ton he had directed the police OF both
Richmond and Chicago 10 sift IL Ia the
bottom. Should 1t be found at the last
momen that there is after all some
show OF truth In the mans story and
not a mere ruse to yet a free ticket
to Richmond. the "eye-witness" will
be brought before the court at once.
1t would not he too late even after the
argument had been concluded. How
ever. he trial judge would certainly
require that the evidence be of a very
impressive and convincing character
before he would consent to interrupt
the proceedings at this stage. The
States attorney in reality expects
to hear nothing more of the affair.
The Conrt's Instructions.
Chief among the other events OF the
day was the curious misinterpretation
OF the courts instructions to the Jug.
From n hasty and iil-digested read
Ing. supported by some newspaper re-
ports, a large part OF the public some !
how gathered an impression that
Judge Watson had suddenly settled
the case in favor of the defendant.
This is anything but correct. Here. as
Continued on Sixth Page.)