The Washington times., 1911-08-21
CONTINUED from First Page.)

oped sense Of humor, If one may judge
by the number of times his face breaks
Into smiles.
The father is on one side of the pris-
oner. Harry W. Smith on the other;
at the other end of the bench are Attor-
Heys Wendenburg, Gregory, and Luther
l.. Scherer.
1t was 1920 when Clerk Cogbill
formally called the case, and after
Judge Watson had asked If there
at this time, Hill Carter arose and
pleaded that his side was not ready
and asked that the case be continued
for one week.
fense to state what date Beattie had EN-
ployed counsel
Mr.. Smith said he had been tentatively
engaged two days after the homicide,
In what respect are you not ready
for trial today?" demanded the court. Mr..
Smith complained defense had not had
access to the automobile in which Mrs
Beattie rode the night she met death
He said he wanted to have II examined
by experts. Mr.. Smith asked for court
order. Mr.. Smith then saiG only On day
before yesterday he had learned names
of two important witnesses. The court
asked names of witnesses.
Judge Refuses Delay.
1t developed Immediately that these
witnesses, employees Of the Virginia Pas
senger and Power Company, had been
seen by the Commonwealth lawyers
and that the defense had been unable to
get at them. Judge Watson then re-
fused to grant the delay asked for by
the defense.
Judge Watson, in refusing to continue
the case until next week, said he had
tried TO effect a delay in the Nottoway
county term of court which begins early
In September, and which a continuance
here would inevitably cause a conflict
selves, gentlemen, does not seem SO
great l feel myself not justified in let
ting the Nottoway term go over until
late fall. A most important civil case
is on there"
Judge Watson said he would give an
order for defense to get a chance to talk
to witnesses in question as desired.
The defense noted an exception to rulr
ing on delay. l. o. Wendenburg, spe-
cial prosecutor. arose to say that the
statements to his side, but that the
prosecution had not kept the defense
from licking the men and talking to
them. He had refused, he said, to let
the defense see copies OF the state
ments given the prosecution.
Counsels' First Clash.
Smith and Wendenburg engaged in
the first clash between counsel. The
row was over the date of Mr.. Smith $
employment in the case. he saying Wen
denburg had by implication questioned
his word
1T is the first time my word has ever
been questioned in a court" said Smith
heatedly.
Wendenburg denied the charge and
the teapot tempest subsiied. The de-
fense now moved to quash the indict-
q
and was promptly overruled.
The court room was now startled by
q charge of intimidation of the States
witnesses by Detective Kidd for the de-
went to a witness named Hughes and
told him If he swore to a certain state
ment, We'll put you in Jail"
For this outrageous action Kidd
court" shouted Mr.. Wendenburg.
I'VE will take up this matter when
II don't believe any such thing oc-
Cured said Harry NJ. Smith.
When this colloquy was finished there
followed the usual motion to quash the
indictment. which was purely formal.
and which was quickly overruled.
Henry Clay Beattie, IT., stand up,"
shouted the clerk of the court, and
with pale smile the accused man rose,
leaning heavily on the desk before him.
PLEADS mot Guilty"
While the clerk, in a droning voice,
read the blunt accusations in the in
dictment, the court room was hushed,
Beattie standing motionless, the center
Of interest.
How do you plead?" demanded the
clerk.
Not guilty" said Beattie in a low
voice, and his fight for life was on
The venire was then called and the
task Of getting a jury began.
n. w. Farley was the first venireman
sworn. Judge Watson asked him where
he lived. and Farley said near Peters,
burg. After a number of perfunctory
questions, the judge asked him II he
knew anything of the case.
Il have read the newspapers" said
Farley. "I read them every day"
Have you followed the case pretty
closely?" queried the court.
Closely" said the venireman. In a
minute more he declared he had formed
an opinion, but that 1t was based en-
tirely on the assumption that what he
had read in the newspapers was true.
Gould you go into this trial presum-
ing that the defendant is innocent as
the law requires and retain this pre-
sumption Of innocence until satisfied by
the evidence that he is guilty?''
'I could
Have you any conscientious scruples
against the imposition of the death PEN
alty?"
NO" said the venireman, whom the
court now turned over to counsel.