The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-07
BEATT|E PETITION
IN HANDS OF COURT
Decision as to Writ of Error
May Be Expected at Any
Future Day.
OBJECTIONS TO ARGUMENT
Exceptions Relate to Wendcn-
burg's Remarks and Qualif-
cations OF Jurors,

Judge James Keith. president of the
Supreme Court OF Appeals. ycstcEday
filed the petition for a writ of error
J in the Beattie case in the Office OF
! Clerk III. Stewart Jones. This is taken
/ To indicate that he will not act on the
{ petition. but will, as was generally
/ expected. await the arrival of the 9th
! err Judges for the court term. so that
| the entire tribunal may consider the
| matter
! Judges Buchanan Harrison and
! white are expected to arrive in the
[ city tomorrow morning. 1t so hap
! pens that all three of these live in
I districts where there is opposition to
/ the Democratic candidates for the Leg
! islaturc. and they will cast their votes
to-day before leaving their homes
/ Judge Cardwell comes here daily from
I Hanover
Argument Kent Secrs..
/ No part OF the argument in the nett.
/ ton has been made public or will he
| until after the court takes some ac-
| tion. However. the contents OF the bills
OF exception. made by Clerk Cosbin
! In Chesterfield and agreed to by
Judge Watson. are known. They. of
course. treat of the objections made
during the trial to certain of the pro
ceedings as admitted or as refused by
/ Judge Watson.
/ n decision on the petition may be OK
I pected at any day The Judges may
/ get together as early as tomorrow
/ and reach a conclusion on the granting
| or refusal of writ OF error, or they
may consume week or two in other
! business before taking II up. The court
| may or may not prepare written
| opinion. as has been done IN a very
! few cases Of extraordinary import
ance or public interest. If no written
! opinion is rendered, there Will be no
notation on the petition. but the court
| VIII merely direct Clerk Jones to en-
| ter the necessary order. Some people
guess that If written opinion is
handed down. IT will be delivered from
the bench on November l6, the first
! opinion day.
| Al all events, unless something is
done by Thursday of this week, Henry
| c. Beattie. Jr.. will be removed from
| the City Jail to the State PenitentIary,
I there to await tho disposition of his
case Under the terms OF the law, the
! condemned man must be taken to the
State prison not less than fifteen days
before the time set for the execution.
Object to Argument.
/ One of the bills of exception objects
! to remark made during the flnai ar
| gument by l. o. Wendenburg, of coun-
4 sci for the prosecution. He said in Of.
| feet to the jury: IF you say this
man is innocent, the State should dig
| up the bodies OF Jeter Phillips. Thomas
j. Cluver!us and j. Samuel McCue. and
| apologize to them" Hill Carter. one
| of the attorneys for the defense. made
| Immediate and strenuous objection TO
| allowing these words to go before the
| jury, on the ground that they were
| improper and likely TO unduly infu-
! ence It, Judge Watson declined to take
| action. good deal of latitude is al
! lowed lawyers in argument, the Jury
| being supposed to realize that such
remarks are not evidence.
Four OF the seventeen bills of ex-
/ ceptions relate to the qualincat lions Of
| jurors. The talcsmen had read ac-
| counts of the murder and had formed
| more or less strong opinions as to the
| guilt or innocence OF the accused
| Judge Watson exercised great care in
| questioning these men, admitting them
| TO the venire upon their statement
that such opinions as they had reach
cd were based on what they had read
| or heard. and would be removable I'M
| on the presentation of evidence II
! was the supposition that every intel
| liEent man had at least heard OF the
| murder OF Mrs. Louise owen Beattie
and had been impressed to some ex-
| tent with the weight or lightness Of
the proof against her husband.
| Some of the bills OF exception refer
to technical matters. Two OF them
concern the evidence of Mrs. r. V.
Owen. the mother OF the murdered girl.
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