The Topeka state journal., 1911-09-05
That Examination OF Accused
Has Gone About Far Enough.
1T MUST NOT DEVELOP
into a Test of Physical Endur-
ance, He Says.
The Cross-ExaminatiOn Is Re
sumed by the Prosecution.

Chesterfield, Va, sept A1eliA ,
CLAY Beattie. jr., indicted for wife
murder. at $3.50 o'clock today again
took the witness stand and Prose
cutor L. o. Wendenberg resumed his
cross examination, court convening at
an earlier hour than usual so as to
complete the prisoners testimony to-
day.
Judge Watson announced that it
seemed to the court that the case
along it's main lines had been develop
ed carefully and a great length and
that it had reached the stage where
the court would be justified in placing
some limit on counsel He added that
owing to the two and a half hours of
direct examination and cross examin-
alton of three and a half hours yes
terdav the examination of the prison
or should not be a test of physical en-
durance and that the court would per-
init an hour more of cross examination
and only a half hour of redirect
Mr. Wendenburg said he only in
tended to ask one or two questions
s.AIr. Reattie'' he began, will you ex-
plain how the same gun which your
cousin bought or Saturday night was IN
the woods on the Midlothian turnpike
that night?"
I did not know anything about the
gun. I did not see 1t till the highway
man raised it."
fadn't suggested the ride you would
not have been there2"
NO. Ny mind was not made up as
to the ride when my wife suggested IT,
"Well, how did the man with the gun
know that You and your wife were go
ing up the road that night?'
I'VE protest" said counsel for the
defense and the judge sustained them.
Mr.. Wendenburg here concluded his
cross examination.
Mr.. Smith said no redirect examina-
ton vas intended and the prisoner was
excused at 9.37 o'clock, just seven min
utes after he took the stand.
Only q meager crowd was in the court
room owing to the early hour.
Evidence in RebuttaI.
Paul Beattie, cousin of the accused.
was brought to the vicinity of the
court house by the prosecution and Mr..
Wendenburg said he intended to put
him on the stand in rebuttal-
The prisoner walked back to the bar
surprised at the brevity of his exami-
nation. asking Judge Watson as he rose
from the witness chair, if there were
not additional questions.
That will be all," replied the judge,
who rena rlxed that perhaps he had been
over generous in his limitation on coCn-
sci
Harry Latham was the first witness
called by the prosecution in rebuttal.
Latham was alleged to have stated
that while with the prisoner preceding
the murder Beattie Immediately after
leaving a telephone said he was going
TO Short and Main streets in Richmond
Paul Beattie had testified that he met
Henry on Thursday night at this in
tersection. The prosecution attempted
to show that the telephone cOnversa-
ton concerned the alleged meeting
In his testimony, however, Latham
maintained that all he knew was that
Beattie had mentioned going to Short
and Main streets He knew nothing
to the previous telephone conversation
or whom the accused intended to meet
at the corner.
W. r Hart. who was with Latham,
was called. He said he had been a
friend of the accused for Is years. On
the Thursday night preceding the nur-
der Hart said he overheard Beattie say
on the telephone win be there in u
minutes" and that when he came from
the telephone the accused explained he
was going to take Paul Beattie and his
wife out riding
Heard Telephone Conversation.
Mrs. A. B. Houchens, mother-in-law
of Paul Beattie. next took the stand.
she was asked if she knew anything
about the receipt of telephone mes
sags from Henry c. Beattie, jr-, on
Thursday night.
1T was Thursday night, July 13.
about . o'clock said Mrs. Houchens.
when ] answered the telephone and
Henry c. Beattie. jr-. said he was on
the way to the West end and asked for
Paul I called Paul. I heard Paul
say. You want me to meet you at
Short and Main in fifteen. All right
I'll meet you in half hour Paul
then called Mrs. Fisher and said Henry
would be up later
did you hear anyone come by later
that night?''
7 heard Paul say. Good night Hen
ry,' when the machine brought Paul
home that night"
Did they seem to be doing anything
about the machine?"
yes, they were both fixing the light
or something
do you remember what time Henry |
brought Paul home Saturday night ?" !
about 1 o'clock It was the same |
car that was there Thursday night"
How could you tell it was the |
same machine asked Mr.. smith.
1T looked the same to me-"
How can you tell one machine
from another"
s'The machine of Thursday and of |
Saturday night had a yellow top
Didn't you all tell Paul he was in |
a bad fix and to tell all to the po1ice?''
Got until we knew he had bought |
the gun"
Then you all tried to edge Paul
''I just told him to tell the truth"
Wasn't he worried to death and /
pretty nearly crazy p
No. sir. He did not act crazy
Did you ever see him have any
:. Did Paul tell you anything about |
the alleged confession on that Thurs
He told US only about the purchase