The Birmingham age-herald., 1911-09-02
Defense Claims to Have Discovered Very Impor-
 tant Witness
BEATTIE'S BROTHER
 TELLS OF TRAGEDY
Douglas Beattie Says He Would Have Withheld Evidence If He Had Known It Was Incriminat-
 ing His Brother

Chesterfield Courthouse. Va. septem- Der 1.--Henry Clay Beattie, Jr., indicted for the murder of his wife, did not take the stand today in his own behalf as was expected. but the assertion was made just before court adjourned that the defense would conclude its case late tomorrow with the prisoners testimony.
 | An argument ensued between counsel for both sides as to whether the cross examination of the accused also could be finished tomorrow. and 1t was obvious the defense wished to have the prisoner rest oyer Sunday before the attack upon him by the prosecution could be begun. Thom- as Hancock, one of the jurors. however, spoke up with a piaintive voice to the court. saying:
 Please consider us judge" and the court immediately asked H. M. Smith. Jr, counsel for the defense, how many more witnesses he would introduce. | Just a few moren said MT. Smith. But we will surely close our case temor- row by placing the prisoner on the stand" Judge watson announced he would hold court later than usual tomorrow even- l ing if necessary to finish the case, but the agreement was reached to suspend judgment as to holding the night session until the testimony of the accused had been presented Court will be delayed in the morning by the taking of deposition from Mrs. M C. Steger, who is i'll at l her home near the scene of the crime. and who. it is claimed saw the alleged bearded highwayman proving around the day of the murder.
 Testimony today was perfunctory in it's character. Several women friends of the accused and his dead wife testified of the couple living happily together.
 Except for the impromptu admission of Douglas Beattie. a brother of the ac- cused, that he would have destroyed evil dences of the murder had he known his brother was to be charged with the crime, the most interesting development of the losS ~se+ fre afxroye-7 ser q witness by the defense. Joseph Casselberg of Rich fnond
 A New Witness
 Casselberg it has been rumored for some time. has had mysterious knowledge of the case He is reported to have been on the Midlothian turnpike with another person in an automobile about the same time the murder occurred and is sup posed to be She man who stopped to crank his machine and was seen by the group l of boys their way from the dance at | Bonair. If he is called as witness and | admits that he stopped to fix his machine | at the point where the boys say they | saw the with woman on the rum ming board and a man in front of it, the 1 defense considers this would controvert much of the testimony tending to show that Mrs. Beattie was shot while on the | running hoard and not in the seat. | as her husband alleges.
 | It was rumored, however, that the de- fense may not call Casselberg. because of conflicting reports concerning his probable | testimony.
 | The question of whether Mrs. Beattie l was shot while standing on the running l board or in the road or, as her husband insists, while she sat in the front seat to the left of him. again was raised today | when several automobile experts testified that large pool of blood, such as was | found at the scene of the crime. could | have trickled through the machinery Of the car and flowed from the drip pan | underneath to the ground. The testimony | of the automobile experts was in line | with the contention also that blood | dripped from the machine in many places l from the scene of the crime to the Owen home in Richmond, where the young hus- | band took his dead wife.
 l The defense introduced score of Witnesses to attack various other de- | tails in the evidence of the prosecu- | ton and tomorrow it is expected the | prisoner will make emphatic contradic- | ton of his cousin Paufs entire testi- mony, clnging to his story at the coro- | ner's inquest that bearded highway man murdered his wife and that he took no part in a transaction concern ing the purchase of the shotgun. | The prisoner was more cheerful at the end of todays session than he has fftran five women friends who testified en- tered the court room he smiled and greeted them warmly. His gray haired father, who sat beside him, escorted each to the witness chair and when T Hazel Beattie his daughter. took the stand to testify to Henry's pleasant home life, the aged parent bent over and kissed the young girl as she stepped to the witness chair.
 | Prisoners Brother Testifies Douglas Beattie, brother of Henry Beat tie admitted on the witness stand today that he would not have rendered the as- | sistance he did to the detectives in rum ming the ill fated automobile back and forth and placing 1t for them to the left and right of the big blood spot on the Midlothian turnpike as they directed had he known they would lay the crime of wife murder against his brother. | sensation was created by news that
 
 1.-the prosecutions witnesses immediately following a similar examination by wit- nesses for the defense. an expert dscov- cred a few strands of hair thought to be from the head of Mrs. Louise Owen Beattie The hair was ciotted in the blood in the lower front part of the car. De- tectives for the prosecution immediately went to confirm the find.
 The defense first introduced some char acter witnesses. continuing the testimony begun yesterday to show the good repu- stion of the prisoner as we'll as that of E. H. Neblitt whose testimony presented
 an important contradiction as to the time of the delivery of the gun to Henry. The commonwealth waved cross exhmina- tions on these witnesses.
 Douglas Beattie. an elder brother ot
 the prisoner, then took the stand.
 'Will you explain the relations of
 Henry and his wife?' aueried Mir. smith
 for the defense.
 Perfectly happy.
 What was your first intimation of the , murder7'
 II "A telephone message from Dr Mercer