New-York tribune., 1911-09-06
'BEAH|E EVIDENCE IS
ALL BEFORE THE Jury
Prosecution Makes Strenuous
Efforts to Have Prisoners
Testimony Refuted.
MISS BINFORD NOT CALLED
State Was Afraid to Put
Her on the Stand, and Says
Motive for Murder Has Been
Proved Without Her.
MISS BINFORD NOT CALLED

Proved Without Her.
Chesterfield Courthouse. Va. Sept. .
With unexpected brevity both the COM
monwealth and the defence in the trial
of Henry Clay Beattie, jr.. indicted for
the murder Of his wife, closed the evil
dence in the case shortly after u o'clock
tonight Judge Watson stretched his
arms wearily. yawned audibly. and, with
would adjourn until Thursday morning,
tomorrow to he devoted to argument Of
counsel with the court as to the instruc-
tions to be given the jury before the ar
gument proper is begun on Thursday.
When court adjourned tonight. Beu-
lah Binford. the so-called girl in the
case" alleged by the prosecution TO have
been the motive for the murder by Beat
tie OF his young wife. still was in ,ail
without having uttered single word OF
testimony. Scarcely an hour had passed
in the eleven days of testimony when
her name was not on the lips OF Wit
nesses or counsel for either side. Ad-
mittedly fearing that she would scru-
pulously avoid injuring the case of her
former companion at any cost. though
numerous statements and interviews had
fortified the prosecution with what it re-
garded as all necessary information. the
commonwealth did not put her on the
stand.
1--WE have proved that she was the
motive for the crime" said Prosecutor
Wendenberg tonight, without hearing
her testimony, as our witnesses and the
admissions of the prisoner himself have
told the jury enough"
Miss Bnford May Be Released To- day.
Paul Beattie. cousin of the prisoner.
whose confession concerning the -
chase of a shotgun for Henry four days
before the homicide led to the building
Of the case for the prosecution. likewise
was kept i'm Jail but both he and Beulah
Binford are likely to be released to-
morrow.
The closing Of the case was sudden.
Harry NJ. Smith, jr.. and Hill Carter, for
the defence. first announced that they
had few witnesses for the sur-rebuttal.
but If the commonwealth would agree to
rest its case they would do likewise.
The agreement was accepted, and Judge
Watson arranged TO meet counsel for
both sides in Richmond tomorrow In a
conference concerning instructions to be
given to the jury. The prisoner will be
kept in confinement in the Jail AT Ches-
terfeld. and the jury also will remain in
that town.
The single question Of importance that
the prosecution put to the accused in its
brief cross examination early to-day
was the one on which the commonwealth
has been basing practically it's whole
case against him. The prosecution
wanted to know how il happened that a
gun. admittedly purchased by cousin
Of Henry c. Beattie. jr., and corrobo-
rated by witness for the defence as hav-
ing been purchased on the Saturday be-
fore the murder came to be in the hands
o. the very highwayman who killed
Mrs. Reattie on the Midlothian turnpike
four days later
The prisoner answered simply that he
knew nothing of the purchase of any
gun by Paul and did not see the weapon
until It was raised by the lone highway
man. The prosecution here rested the
cross examination, and thereupon began
the introduction of witnesses to dis
credit testimony Of the prisoner.
The attack. it was evident. was CON
Quoted Wy the prosecution on the theory
that If one or two important points in
the story Of the prisoner could be dis
credited, the case would be esta abished.
Proved Prisoner Was with Paul.
The commonwealth introduced several
witnesses, including members Of Paul
Eeatties family. to prove that the two
cousins. Henry and Paul. were together
on Thursday night. as we'll as on Satur-
day night preceding the murder, which
contention was denied by the prisoner on
the stand. 1t was on Thursday night
that Paul declared his cousin first asked
him to buv a shotglin Not only were
witnesses brought to the stand who tes-
tilted that Paul was called on the tele-
phone by his cousin Henry that night
and requested To meet him at a certain
street corner, but witnesses, who said
they saw ,he pair on the corner, as well
as i'm a barroom later, corroborated the
story of Paul Beattie as to his move
ments on the Thursday night in ques-
tion.
Witnesses also were introduced with
the purpose of discrediting the testimony
of f. II. Nesbitt. who declared he saw
Paul with shotgun on the bridge where
Nesbitt worked day after Paul
Beattie's story alleges that Paul trans
ferred the gun to Henry.
Two men said they were on the bridge
while Nebltt was there. and they de-
clarcd that Paul had no shotgun.
The commonwealth attempted TO cast
some doubt. too, on the evidence OF
Charles H. kcs stlebcrg. who said il was
he who was motoring on Midlothian
Turnpike Oh the night of the murder,
and who stopped his machine while a
woman stood on the running board.
Roland Lassiter. one Of the group Of BOYS
who saw the car with the woman on the
running board and the man crouched be-