New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-08


with the crime for he chung steadfastly
TO the story of the defendant of the six
foot highwayman OF scrubby beard who
stepped from the darkness; certainly not
a description of Paul
But the instructions of the court de-
dared tina, vpop the defence did not rest
the burden 4 finding the actual MUIR
derer. Its case was concerned with es-
tablishing the innocence of the accused
and beyond an impeachment of Paul
upon whom ne declared the prosecution
had built its entire case.
This excoriation of Paul Beatue was
the feature of Mr. Carriers argument.
Did not Paul Beattie's testimony be-
fore the coroner stamp him with the
stain of guilt and brand him as a man
fever again to be believed or trusted
Mr.. Carter shouted. And was not that
baby collie. that catnip and taking III
sufficient TO show him up as false TO Inc
core, telling only enough 10 cear MS
own soled skirt?
Paul admitted he was In terrible
fix The gun was about to be traced
To him He was put in jail -Four DAYS
afterward he blossomed out with a state
ment which he said was the whole TRUTH
but when he subsequently amende"
with remarkable confession, sald 10
have been whispered to him by Henry
Dare YOU convict an innocent man on
the palsied word Of such person
Verify If you do such thing his spirit
will rise like Banquo's ghost and haunt
you to your dying day.
THE gun. I believe, was hidden IN the
cement house and never given to Henry
at all. Paul was the man, for IL mas
not been shown that Henry ever re-
oeiyed the gun. Paul. the faker had 'he
gun. gentlemen: there is the end OF the
case
THE commonwealth vainly attempted
10 bolster up Pauls story, but could 90
no better than call witnesses who either
knew Paul but slightly, or knew nm
several years ago in New Kent
Judges Charge Peases Defence
Counsel for the defence tonight eX-
pressed satisfaction with the courts IN
s,ructions to the jury while the prosecu-
tion merely commented that the instruc-
tions were similar TO those In the case
of ex-Mayor McCue OF Charlottesvilie'
Va. who was convicted and hanged for
murder some years ago.
The particular instruction which at
tracted attention obviously referred 10
Of
Beattie the night after the murder. The
instruction reads:
The confessions of a prisoner out Of
court should he acted upon by the jury
with great caution. and if the witness
testifying to the confession has a motive
FOR testfyng thereto or if the facts so
brought out are advantageous to such
witness the jury ought not to convict
uTon such confession alone, unless, after
careful examination. satisfied beyond a
reasonable doubt of its truth"
Mr.. Garter spent little time on other
details Of he evidence. His speech was
steady aud unbrOken attack on Paul
Beattie. and tomorrow IT is expected
that Harry NJ. Smith. jr., chief counsel
for the defence, will continue the fire
along the lines of his colleague.
Must Be No Doubt Existing.
When court convened. at 1880 o'clock,
Judge Watson declared that counsel in the
argument to-day might refer to portions Of
testimony mot fit for ladies to hear" and
requested all women in the courtroom to
leave
Judge Watson then read the instructions
10 the jury In part he said.
Upon the trial of criminal case by
jury the law contemplates the conCSr-
renee Of twelve minds i'm the conclusion Of
guilt before a conviction can be had Each
individual juror must be satisfied beyond a
Teasons HE doubt Of the defendants guilt
before he can. under his oath, consent to a
verdict Of guilty. Each juror should feel
the responsibility resting upon him as a
fnemper OF me Jury ana should reahze that
his own mind must be convinced beyond a
reasonable doubt Of the defendants guilt
before he can consent to a verdict Of guilty.
Therefore. if any individual member of the
jury, after having duly considered all the
evidence in the case and after consultation
With his fellow jurors. should entertain
such reasonable doubt Of defendants guilt
as is set forth in the other instructions in
this case, IL Is his duty not 20 surrender
his own convictions simply because the
balance Of the jury entertain different con-
victions.
The prisoner listened intently to the read
they had heen concluded.
J. NJ. Gregory began the argument for
the prosecution at 1855 O'Clock.
The record in this case shows" Mr..
Gregory said. that on a dark night July Is.
the soil OF this county was stained by some
high assassin with the blood of an innocent
woman. believe can show that no other
man committed the crime but the husband
Of that woman with the very gun YOU.
gentlemen Of the jury. have examined here.
He was the only man seen on the spot
that night and he was armed with the
same gun he has here identified"
Mr. Gregory. after referring TO the crime
as ''hellish," reviewed the evidence OF the
boys who came from a dance at Bon Air
the night Of the murder, arguing that it
was the prisoner they saw and none other
crouching in front OF the machine and
woman on the running board.
Mr. Gregorys speech tingled with re-
licious fervor Often he quoted Scripture.
and in a trembling voice referred TO Cams
killing Of Abel as the first homicide, and
continued
Henry Clay Eeattie j., should have
been the keeper of that devoted wife, but
he became traitor and fofSOOk her.
Why? We were not legally required TO
prove a motive, but the commonwealth
has gone beyond and unlocked the door of
Henry Clay Bcattie. Jrs. affections. lie
tons while tender babe was on his wife
breast
Bcattes Character Not Perfect.
Mr.. Gregory finished his argument at L 10
O'clock and Hul carter began for the de
fence. lie said. in part: