The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-14

| breeding from hts nose both wuvs OF
across ms check, and II left the inn
preston on me when iirst observed
IL as being Il much larger wound than
II was | was thinking that III. laceru
| tion was clean across here (indicat-
4 iiS all across the cacck): hut after.
| he washed his face IT developed that
! II was very small wound across the
! Top oil ms nose. and that the blood
had gotten strcaked on each side
! Alter he had washed his face | OBJ
served then that 1T WAS Il small wound
| ana that the appearance OF the blood
had misled ne as TO it's size before he
! washed. | failed to tell y-ou
about some things l asked him about
! now j; occurred about his ;;rappl!ng
! the gun from ;he man. He said: Thee
| II is In the automobile 49, in the
car; have got IL You can imagine
how gratifying 1t WAS 20 me to hea.
that. | immediately went to the au-
toinobilc ANA found il was not there.
The doors or his automobile were not
on, ana | accounted for its not being
| there by Its Dumping; out OF Il BUMP
In the road. or at a turn. perhaps i
! turn at my gate, which is about Il
right angle, or very probably at the
Belt Line, or at the turn at the corner
OF the Midlothian Road and North
| street. and | suggested 10 some of the
neishbors TO go AMI look"
Finding of Gun.
single barrclcd gun with a small
| piece broken out Of the stock l.;,s
found the next morning OH the Lieit
Line Railroad, some SIX or nine feet
from the nearest edge OF the MiIlo-
THAN Turnpike where they cross each
other, and somewhere near halfway be-
tween the scene OF the murder ana the
owen residence
The prisoner had previously de-
scribed the gun lie took from the muir
dcrcr as single barrclcd one, and
when the gun SO found was shown him
and he was told where and when 1t
was picked up he accepted ii as the
gun with which the murder WAS COM
United.
Paul Douglas Beattie. u cousin OF
| the prisoner, torty-eight hours after
the murder Thursday night, July 20).
according 10 his own statement. told
his wife-the first time and the first
| person-that OH Saturday night, July
10 preceding the murder, he had
bought at Wclastcins pawnshop and
| delivered TO the prisoner Il second hand
single barrelcd gun.
1t was established that Paul Beattic
did buy at Weinsteins such gun.
and that this was the gun found at
the Belt Line crossing.
Baaed ON PauTs Testimony.
Henry c. Beattie's connection with
the gun in any way whatsoever is os-
tablished solely by the testimony o:
| Paul Beattic.
An examination OF his evidence will
| certainly disclose the fact that his
story Is an exceedingly improbable
| one.
The uncontradictcd evidence OF nu-
merous witnesses proves conclusivcly
that the prisoner Is Il very Intelligent
and experienced young man, one who
| had absolutely made good III business
| affairs
II the evidence OF Paul Beattie is
to be believed, on the other hand. the
| prisoner must Zoe stamped as drivel-
ing idiot
| Paul BeattieS statement is not only
| inconsistent in Itself. but is contra
! dicted on various important and es-
sential details by reputable and in
tclligent witnesses. His reputation for
reracity was proven to 'oe very bad.
| and the effort TO rehabilitatc was
! emincnty unsuccessful.
A further examination OF the record
| Will fail to show a reason or motive
| for the crime.
The prisoner and his wife were on
| pleasant and affectionate terms. He
testified that they had never had q
! cross word, and he lis corroborutcd in
| tHiS pS nel must intimate friends.
The alleged woman In the case"
| BeWiah B!aford, though detained In
jail as a witness more than six weeks,
| was never put on the stand by the
Commonwealth, and the s,ratagem
| adopted By the prosecution to dispense
with her evidence presents one or tho
conspicuous errors In the case.
II.
The defendants fourth bill Of exces-
lions raises the question of the action
of the Circuit Court of Chesterfield in
putting w. l. Burgess on the Jury
! which, tried the defendant
Whilst more iuti,GdE IS WV ,l..io".d
in the selection OF Jurors than former
ly, we submit that the rule laid down
/ by this court In the case OF Common
| wealth VS.. McCuc !s "hish-watcr
mark" and that the court will hardly
SO in favor of the Commonwealth be-
| yond what was there laid down. III
that case, the last statement OF the
| Juror In reference 10 his mental atti-
tude Cthough he had previously stated
that he had formed and expressed an
| opinion) was that III he went upon
the jury he could dismiss his previous
opinions and hear. evidence and decide
! solely according TO that evidence"
Go3 Va. page $500 This juror also
said, page SS4, ~ would have to leave
everything else out that have read
and commence over anew II Is also
clear from his whole examination that
this juror was anxious, II he could
properly do so, 10 escape jury service
IN this case.
As TO Juror Burgess.
NO such reluctance OH the part Of
Mr.. burgess appears III the case at
bar He states that he would go
into the jury box with an opinion and
hc would have that opinion until IL
was changed b. the evidence" (pagc
20, and he states again that his mind
is SO made up that IL would take evil
dence TO change the opinion nc has,
and that until he heard evidence he
had that opinion.
He also replied in answer 10 the
question, Then you are positive that
II YOU hear evidence here as you read
st in the newspapers your mind lie
made up?" ~ II !s the same evil