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

- inc compete text OIL
the petition for a writ OF error in the
Beattie case;
Commonwealth of Virginia
Henry c. Beat,ie. Jr.
Petition for appeal from Circuit
Court Of Chesterfield
TO the Supreme Court oi Appeals Of
Virginia:
Your petitioner. Henry c. Beattic.
jr.. respectfully shows. Will appeal
NY the accompanying record, that ha
was convicted in the Circuit Court OF
Chesterfield on the Sth OF September.
1911, OF murder In the first degree and
condemned 10 death Csec page Is o:
the record) He respectfully submits
that various errors appear In said
record, which render the Judgment Of
the court below Invalid.
lie vii! not. however, in this petit
ton discuss all the bills OF exceptions
taken rs him on the trial Of the case.
III which his life was declared for
tejt TO the law, disclosed by tho
record, but lac hopes and believes that
enough error will he pointed out in
the petition, ANA will appear i'll the
record, to secure the reversal OF the
court below and give him y new trial;
and he most respectfully submits that
III q case like this. where human life
is involved. the court would, if i: dis
covered error In the record emitting
him 10 Il new trial, give him the benefit
OF IL though not specifically pointed
out In his petition
What the Hcrord shows.
The accompanying record shows
that:
J.
Louise Bca,t:c. wife o: Henry Z.
Beatt!e, Jr.. the appellant. was muir
dcred on the Midlothian Turnpike. in
Chesterfield county, Tuesday night,
July IS. 1911, at about II o'clock. In
company with her husband, and in his
automobile, she left the residence OF
her uncle. Thomas e. owen, few
minutes after 10. They went first TO
the drug store In Manchester to have
prescription nlled for Mrs owen; re-
turning they passed the owen resi-
dencc and went UP the pike for Il spin.
Mr.. Thomas +. Owen. who was seat
ed in his trent yard when the machine
returned, gives the following account
tomtting unnecessary details):
Page 4. i heard some voice, think
ing al the time IL was voices OF per-
son or persons in a passing automo-
bile. ! realized that II drew nearer
/ did not know what 1t was, and did
not ascertain what 1t was until II
turned in my gate then ! recognized
the voice OF the accused. He
came into the gate at u little more
rapid rate than most people would
turn such short anglo, and he was
aollering, oh, my God or My God
on oh, Cod or some such uXclama-
tion. tpage 81. His first re-
mark was: They have killed Louise
l rushed 70 the car and found
her in the front part. in the bottom OF
the front part of the car; in other
words, where her foot would be had
she sat upon the front left-hand scat.
She was in heap, you might say.
l asked him how it happened
page 20). l don't Know at just what
Time that was; l asked him several
times, and he told mo several times,
when / was trying to get better de-
scrtption each time. lie said
nc was going along the road, and q
man staggered out in front OF him
not using the word staESer. as l took
IL to indicate n drunken man, but as
one man would stagGer into another
one for the purpose OF making trou-
BILE, picking q fuss. something OF that
sort; that he bulgcd out In front of
him TO make him stop. to quarrel; that
the man was so close to him that nc
had to put ON mis- brakes and stop his
car; that the man remnr ked To him:
You had better tako up ali the road,
or something of that sort, think
1T was; probably l think he said
the man said: Damn you, you
His reply was: Well, there is plenty
of room on your side or plenty of
room in the road
Encounier in .a,ond.
y den. resall his detailing what
transpired just between the moment
the man staggered in front OF the car
and the time the man came to the side
posed TO have occurred. Now there
was. OF course, an interim of time be-
tween those two (pago 2D, but, how
ever, the next l recall his narrating
was this man at the side of the car,
that ne leaned forward to-I am not
familiar enough with the mechanism
OF an autoHIobiie ~ kSoW. y,bpt you
apply TO start Il, but ne leaned for
ward 10 apply such mechanism as Is
necessary 10 start the car, and the
man said: If you start the car. ! Will
shoot you He said that he did not
suppose the man was going TO shoot
or that If ne did he would shoot over
his head 10 scare him; but that Just
as he leaned over TO perform this me-
chanicel operation. the man pulled the
gun. Whether the car had started ]
don't know; whether 1t was just pre-
pairing TO start. don't know lie said
bile after the man fired ana ran TO the
man, who had gotten 10 the back OF
the car ] took II. or about the back
of the car; that he g-appled with him,
and tho man struck at him with the
gun that he threw UP his hand to
ward off the blow, and received cut
upon his nose: ana he finally got the
gun from the man, threw II into the
automobile, and jumped in, coming Oh
home. took IL, and the man went on
UP the road ! asked him. naturally
wanting TO get some clue as TO who
the perpetrator was. what manner Of
man he was, HIS description OF him
was that he was a tall man, either al
that time or some subsequent time
comparing him with his own height.
making him u man somewhat taller
than he vas 4 tall man. very stout, &.
man, al ne expressed 1t. with ioug II
kind Of face. think he rubbed his
no mas lvtC =, III IL