The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-25

Or. Loving was excused and Dr.
Wilbur Mercer called, when the Com
monwealth suddenly changed its course
and summoned May stuart.
Smith Intcrposes Neat Point.
We move to strike out" said Mr.
Smith, when the witness had been eX-
cused, the evidence of DR.. Mann and
DR.. Loving. so far as II relates to
wounds extending into the head and
back to the skull. The indictment
charges the prisoner with having shot
gun which did strike. penetrate and
wound his wife. in and upon her face
There is nothing there about any in
ternal injuries or skull fractures"
Il don't know that IL is necessary"
said Mr.. Wendenburg. for tho indict-
ment to say at all where the wound
is
NO" answered Mr.. Smith. but II it
does say 1t should say accurately"
The court reserved decision on the
motion
Mr.. wendenburg having proved by
May Stuart that Beuiah Binford for
Aome time went by the name of Mrs
II. L. Fisher, and claimed TO have mar
ricd Fisher. offered in evidence the
Beattic letter. the envelope being ad-
dressed to Mrs r. r. Fisher. sos West
Main Street. MIR. Carter objected to
the envelope. saying there was no evil
dence that the letter came in 1t. Only
the letter had been identified b. Beat
tie The court held the letter 10 be
competent testimony.
Letter In Evidence.
Mr.. Wendcnburg withdrew the en-
velope and offered in evidence letter
without date on the stationery of H
C. Beattie. 112l Hull Street, as follows:
Dear kid-Pay this SO on the fur
niture and make him give you an item
lied bill and what amount you will
pay each week Please don't get Irna
to call me any more. Some one Will
get wise. VIII be good. with oceans
of love trimming with kisses.
Yours. HEN"
DR.. Wilbur Mercer. physician. who
lives near the owen home. and who
was attending Mrs Thomas E. Owen
was called and told of having called
professionally to prescribe for Mrs
Owen about 10 o'clock on the night
OF tho murder. Henry Beatt!e. Jr, was
there at the time with his motor car
and after some delay started with his
wife. taking the prescription. prom!s-
ing 10 have 1t filled. 1t was filled and
later turned up at the houEe. appar-
emily having been carried during the
wild ride out the Midlothian road Mr.
and Mrs, Beattie left about 1915
o'clock. He sat in the yard talking
with ar. owen. and about three-Guar-
tiers of an hour later. Henry came
back in the car holding his wifc's
body. shouting. My God. we've been
held up"
Mercer Received Body.
IT took her out of the car" went
on MI Mercer, land Dir. Owen and
took her into the house I found the
body lying down in front OF the front
seat. facing toward the steering
wheel. When they came in. one Of
his hands was resting on her back.
and the other steering the car man
aged 10 get the body out without get
ting any blood on myself save q drop
or two"
He WIS OF the opinion that she had
died from a gunshot wound. corrobor-
ating the other physicians as TO
the examination made.
Did you ask Henry Beattie what
had happened? What version did he
give you?"
He said that man had staggered
out IN front OF him-he explained that
he didn't mean the man was drunk by
saying he staggered, Henry put on
the brakes. The man said, What the
hell are you trying to do-run over
me-? That got his dander up. and
Henry said ne replied. L ought TO have
done 1t: you were taking ali the road.
and as he started the car the man
raised his gun and fred. Henry then
told OF jumping out and running back,
graphing with the gun to ward off q
blow. breaking its force and securing
the gun which he threw into the back
OF the car"
DO you know anything about his
proceeding TO drink whiskey on the
night he arrived at the Owen home
with the body?"
Drank French Brandy.
"H!s first request was for whiskey
and I sent for some from my house I
handed him a bottle OF what 7 thought
was whisley. but which was really
French brandy I don't know how much
OF 1t he drank. H C. Beettle, Sr, his
father. came with whiskey soon after,
and he drank some OF that About !
o'clock that night noticed that he
was staggering, and thought It best TO
take him upstairs. About a half hour
later saw him out on the lawn.
went out 10 meet an incoming car and
cav Henry Beattie and another man
/ think It was his brother. but could
not say certainly-with a bottle OF
whiskey. They asked me ito have A
drink, and I declined.
did you see him shed any tears?"
ST did not"
Mr.. Smith began the rross-examina-
ton:
DO you know Henry owen?" he
asked.
7 have met him since the murder"
replied the doctor.
You are not prepared to deny that
1t was Henry Owen, the brother of
the murdered woman. with whom
Henry was taking drink behind the
hedge?"
NO. AS 7 said, don't know who it
was with him"
III shot had struck the victim in
the face only. would death have en-
sued"
"No, sir"
Detective-ser Thomas ]. Wren.
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