The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-09


the room upstairs. Across the back of !
was written these words;
"We. the jury. find the defendan
guilty "a charged in the Indictment"
"Mr. BURGESS" the Judge said. "dic
the Jury agree a. to the degree of mur
der or which they end this man guilty?
Burge-, SAID that tney had.
Rack TO MAKE 1T BINDING.
"Nlr. sheriff" Judge Watson directed
svou had be = taISn the jury back tC
the Jury room. and direct them to retire
and amend their finding 80 as to express
the degree of murder which they find
The indictment expresses several degrees
of murder. sir"
So tn" jury filed ont once more. Beat
tie wps still standing, his face sravci
with unchanginc lines. Tn" Judge hun.
self told Brattin's counsel To have him si'
down
When the son took NJ. seat he look ed
not at his father or at his counsel The
father sat with eyes ght smut. His hand
slipped over the naCk of the prisoner
chair and tho fingers wavered as If unde-
cided whether TO touch the back of his
son They did not.
Harry Smith, who had talkc four hours
that day 10 save his clients life had a
paper over his eyes. Hill Carter, the other
lawyer. simply pufed his lips in and out.
The jury was away many minutes. Al
the time the telegraph instruments out
in the dusk clicked and clicked That was
the only sound.
At 10 the iuryuen filed back into theii
places Once more tho clerk ordered the
prisoner TO stand and once more de-
mandcd of the jury IT they had reached a
verdict
IN THE FIRs1 pEGEtr
This time tho jury handed UP theii
finding of guilty of murder in The first de
gree as charged in the Indictment The
court instructed the clerk tu record the
verdict
Judge Watson lifted his eyes from his
desk and saw Bcatte still standing, one
arm akimbo and the white lace pnck"red
in the lamps shadow
"Sit down. MIR Bea,tie." he said Then
he turned to the jury and thanked them
for tine faithful service of three weeks
that they had rendered to the county of
Chesterfield He dismissed tho Jury with
wave of his hard hut still they kept
their seats
Again there was ence and the flicker
ing lamphght playing over the line after
line of faces ranged in pyramid back OF
the chair where Henry Beattic sat
and stood up to move for the setting aside
Of the verdict on the ground that il was
contrary to the law and the evidence in
the case and Of misdirection ot the jury
by the Judge, We don't care to argue
this motion unless the court wishes us
to-" Carter said.
Il may be pardoned for saying tha,
while this case has excited widespread
interest outside the county" Judge Wat
son said in his slow concise speech. TO a
L., ,, ,ln.i -
terestng. No now legal principles have
arisen to be adiudiCated those adjud-
Gated have been entirely elementary ones
and have been done with more or less
assurance by the court. TIE court has
been scrupulotis to give the prisoner every
legal safeguard. II finds itself. there
fore, forced - decline 10 entertain the
motion.
AsXs s7Av or EXECUTIONS
That wds almost the last prop gone
from unGer Bcatt.e's chair But Carter
still had recourse tn the old final shadow
He asked for y stay of execution Of the
sentence OF the cour, for ninety davs
pending the fling Of writ Of error before
the Court Cf Appeals The court does
not meet until the frs Monday in Novem-
ber
Mr. sheriff. sir. hand me tha, calendar
of the wall" Judge Watson ordered
Sheriff Gin jumped 70 GreG. insurance
company : calendar thar hung over under
n laTnp braCke' The Judge put i, on his
deck and Eegan TO reckon lhe days Of
Henry Beatties life on earth. Each timo
he turned page from September TO Octo-
ber and from October TO November. the
prisoner saw him turning down the sun
sets and the sunrises 70 intervene hetweon
to-day and that Monday in November
when there should be no sunset
Il grant the stay of execution for ap-
proximately ninety days, the Judge said
l.,, t.., Il ,.l
the Court of Appeals shall bo in session :"
Then he added. Gentlemen of the de =
fence, is il your pleasure that the court
should pass sentence on the prisoner at
this timo?'
Carter merely nodded his head Smith
had taken no part in the coloquy. The
prisoner still sat with mis- eyes fixed i'm
movably upon the Judge His fingers
were joined tip to tip and they did not
move.
MERCY FOR THE FATHER
For minute Judge Watson hesitatrd.
Then he turned TO his clerk and whispered;
Il ought to make him stand up for this.
but | will not His father is here. you
sec. This is a heavy trial for the father "
Then aloud to tho young man condemned:
The court would say To the prisoner
that he greatly desires that no word of
the court should add anything % the anx-
iety of his mind or further disturb his
peace. The court has tried COnscien-
tiously if the court may say II. 10 see that
the prisoner has had every legal right
accorded him by the laws Of the Common
wealth Of Virginia. Throughout this trial
the court has leaned to the side Of the
prisoner in every case where doubtful
questions have arisen.
when / approached this trial l knew
that mine was the same hope as that Of
every man on this jury. and it was that
this young man would be able TO produce
testimony to exculpate himself from the
charge lodged against him by the Grand
Jury and to satisfy this jury Of his nno-
cence. My sincere wish has been that
the testimony introduced here would have
assured his innocence Of the heinous
crime charged against him.
e. JrDGF's SYMPATHY.
"I would have believed that n black
page IN the history Of this Commonwealth
would TO boued out tha, tho shame
of a family and a family name would he
lifted ! may he pardoned for saying
that 1t /, a deep personal disappointment
to me tina, the evidence has turned out
as II has and that th" verdict of the Jury
based ON that evidence is guilty. Mr.
Reattie, sir, your situation greatly ap-
peals TO my sympathy.
AS a young man you had a respectable
family name. devoted friends. YOU we're
relieved IN large measure from the strug-
gle for "a decent existence. YOU knew no
poverty. Youth health. long rrc were
IoE> h.. ga