The Birmingham age-herald., 1911-09-01

mately the defense would offer a plea of insanity for the prisoner. MT. Smith made a definite statement that under no circumstances would such plea be en- tertained.
 It is the announced intention of the defense to ask the court to have the Jury visit the scene of the crime, but the mud dy roads may cause postponement ol this for several days. David Weinstein son of pawnbrok- CT from whom Paul Beattie purchased the shotgun, was the first witness Tor the defense today. 'The commonwealth knew you were the boy who sold the gun to Paul Beat tie?" asked Harry M. Smith. Jr., coun- sel for the defense. "Yes."
 You were not summoned by the prosecution?" "No.' Paul Beattie testified that you took the gun apart into three pieces and wrapped 1t up in paper and put his name on it. What do you say about it?' q did not take it apart. It was very old fashioned gun and l did not know how"
 Gun Produced
 The gun was produced at this point. What time of day." continued MT. Smith, did you sell the gun to Paul Beattie?'
 "saturday morning between 10 and 12 o'clock" -"When you sold the gun to Paul Beattie did he say he was watchman and wanted the gun to be used on Mayos bridge, where he worked?' He did," Did you know Paul Beattie before that Saturday," "Yes. a little more than a week" T him?"
 He worked for Mir. Stegler nearby and came in one day to buy pistol. told him we did not have any
 Paul Beattie had previously testified that the only time he had entered the pawnship before was to borrow dol lar and got it. The witness denied hay- ing loaned him dollar and added that Paul had been In the pawnshop four or five times.
 On cross-examination Mir Wenden- burg asked:
 Do you remember on the Saturday after the homicide coming to the hos pilal where Paul Beattie was and tell ing myself and others that you sold the gun at 10 o'clock the previous Satur- day morning."
 Yes"
 Do you remember my saying to you that Paul ,Beattie was at work Sat- urday morning, and that he did not come in until o'clock or , o'clock ?"
 II remember something like that
 And you said you were mistaken?'
 Yes I thought so at the time, but there were others at the store at the time l did sell 1t, and I asked them
 50 you couldn't keep this thing straight on your own memory, but had to depend on someone else?'
 Didn't you tell Detective Scherer that you waited on Paul and after showing him some guns you waited on other people and left your brother to complete the sale?' asked the prosecu- tor.
 "Yes,'' replied Wenstein.
 But you and Paul had agreed on the price of the gun?'
 rThen you know nothing more of the gun?'
 "No."
 "who wrapped it up?'
 q did"
 eDid you try to find some cartridges for the gun?"
 "Yes I told my brother to, out don't know whether he found any or not
 "Did Paul Beattie tell you that he want ed to buy a pistol to use down on the bridge?"
 Yes"
 tilt ensued between the witness and MT Wendenburg as to the exact hour Of delivery of the gun. the prosecution at tacking the boys memory on different answers as to the hour given during the examination itself.
 Jacob Weinstein, about 14 years cid, a brother of David, followed him on the stand.
 DO you remember Paul Beattie's buy ing the gun?"
 "Yess'
 '.When did he buy it?'
 CT can't say, after dinner I guess.'
 'When do you have dinner?''
 About ? o'clock
 When did he buy it?'
 After o'clock
 What did he do?"
 "He was talking with my brother. I heard him say he wanted it for watch man on the bridge" He wanted the gun aid aside.
 Did you write his name on the paper?'
 "Yes, wrote 1t somewhere"
 Was the gun taken apart?'
 q don't think so'
 Can you take 1t apart?''
 NO"
 If Paul Beattie said you took it apart and put 1t in three pieces, is he right?"
 'Ie is wrong" "He says you took it apart. Try it."
 The boy tried, but said he couldn't do it. On cross examination Jacob contra