The Birmingham age-herald., 1911-09-07
Farm Hand Discovered Who Says He Saw Man At tack Woman; Then
 Heard Shot
BEULAH BINFORD
 MAY BE ARRESTED
 AS AN ACCESSORY
Henry Beattie Chats With Reporters and Says He Expects to Eat Dinner Sunday With His Fam ily-Binford Woman and
 Paul Beattie Say They
 Will Go on Stage

VIII UO OH CtoSC
 Richmond, Va, September 6.-Ah plans of the prosecution in the case or Henry Clay Beattfe, Jr., on trial TOT the murder of his wife may be changed as the result of a letter received to- night by CommOnwealth's Attorney Wendenberg from a man who claims to hsys Deen an eye witness to the kiii- tag of Louise ,Owen Beattie. MT. Wen dengerg states that he may ask the q, court tomorrow to reopen the case for the introduction of the new evidence before the final address to the jury.
 MT Wendenberg refused to divulge the name of the alleged eye witness, but said the investigation today proved that the man had been employed as a farm hand near the scene of the crime.
 In his letter the man says he saw an automobile stop and heard man and woman quarrelling. Then the man at tackled the woman with the stock of shotgun, he declares, and this was fol- lowed by the report of gun.
 Numerous letters have been received by the commonwealth from persons claiming to have witnessed the murder, but none of them has been given such serious con- sideration by the prosecutors as this.
 Richmond, Va, September 6.-Whiie counsel for both sides in the trial of Henry Clay Beattie. Jr.. indicted for wife murder, conferred with Judge Will jam A Watson here today concerning the legal basis for the argument that is scheduled for tomorrow at Chesterfield Courthouse, detectives for the common- wealth investigated information alleging that Beuiah Binford, the so-called girl in the case,'' was an accessory before the fact.
 Application was made to Judge Watson by the prosecution today that the re- lease of the girl from custody be de- ,' layed at least until tomorrow. Judge Watson was informed that if the in vestigation was successful the Binford girl might be arrested and indicted as an accessory Judge Watson today re- ceived a telegram from man in Chi cago advising that Paul Beattie, cou- sin of Henry, be indicted as an accessory, the Chicagoan declaring he would come to Chesterfield Courthouse to testify if it was so desired.
 Detective l.. l.. Sherer, who has been in charge in working up the case of the prosecution. tonight repudiated any such purpose as to Beattie, but said that the investigation as to the Binford girl had not been completed.
 T do not attach much importance to is,'' said Scherer tonight and it is quite probable that Beulah Bnford will be re- leased tomorrow. Yet we are Worhlhg ln the information. received and VIII con- ,tinue to do so regardless Of her release tomorrow or the verdict in the case.
 Detective Sherer made this statement immediately after leaving the county jail tonight where he talked with the Binford girl. The latter pouted and fretted at her A long detention and even accused the prosecution of connivance in preventing her from testifying because they knew she could get bigger contract on the stage" if she had been allowed to take the stand. When she learned of the in vestigation made today she was greatly irrtated as she had hoped to gain her freedom tomorrow. The report on which the investigation was based came first in a telegram from the west which all legged that Beulah had known of plans for the tragedy.
 Beuian HOpeS TOT ACqulttdl
 In jail today the Binford girl, on learn ing that Henry Beattie had declared he hoped to eat dinner with his family on Sunday next. exclaimed:
 ..Id give million dollars to see him do it.
 The argument over the instructions to be given the jury opened three hours today. The instructions are brief and will not be made public un- All Aoli hA tr1rxy fr01 rrslxx They are similar, however. to those given in the famous murder case i iagainst Mayor McCue of Charlottesville, Iva, six years ago when the Virginia .supreme court set a precedent in de- termining not to thrust aside what 1t regarded as an evidently fair verdict merely on legal technicalities.
 The conference today took place in a law library here and ponderous vol umes were heaped on the table where counsel argued
 |. The final draft of instructions made by Judge Watson included the usua! perfunctory request of the defense that the indictment be quashed because of the reasonable doubt" similar in- struction of the commonwealth that the jury find the accused guilty of mur- der upon the evidence given by Paul Beattie as to Henry's alleged confess sion.
 Judge Watson declared tonight that 4. after delivering the instructions to the jury tomorrow he intended to ask how long a time was desired by counsel for the argument. and If 1t was not an unreasonable period he would grant it. He added, however. that he would sug- rest to counsel the completion of the argument by tomorrow night and if the turv did not appear to be very fatigued he would ask them to retire at once and to find verdict. It Is not com kl.~ ~~xoVy l. .hle to finish their speeches summing up tomorrow and 1t is expected they A win be continued over until Friday l morning. It is now quite certain that :. lthe case will go to the jury not later than Friday noon.
 l. M Gregory. the commonwealth at torney. will open the case for the prose- eution and will be followed by Attor- ney Harry M. Smith, Jr and Hill Car