Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-09-08

mat on the dcctnse did not rest the
burden Of finding the actual murder
or, ITS case was concerned with es-
tah!ishing the innocence o ftho ac-
cusod and the young mans lmpedch-
mont OF Paul upon whose story he
declared the prosecution had bulit
It's entire case. Mr. Carter spent lit
tie time ON details Of the crime.
Ills speech was steady and un-
broken attack on Paul Beattic ana to-
morrow 1t Is expected that Harry NJ.
Smith, Jr., chief counsel for the de-
Tense win continue the fire along the
line Of his colleague.
The Judges Instructions.
Chesterfield Court House, Va Sept
Judge Watson read his instruc-
lions to the jury. lie pointed out that
the burden Of proof in murder in the
first degree was on the commonwealth
and If the degree Is reduced to man
slaughter then the defense would have
the burden Of proving that there was
no malice and pre-intent.
"To bring a verdict Of not guilty"
he pointed out, such doubt should
exist in the minds Of the jury as roas-
enable men would consider not flmsy
but certain.
In clrcumstantial cases, the proof
of guilt must be so strong that there
must be no fact inconsistent with the
contention Of the commonwealth that
the accused is guilty. Every reason
/ AL. 4,
tablished before a verdict Of guilty
can be reached.
At this juncture, Judge Watson or
dered Sheriff Gill to request all wo-
men except those connected with the
press, to leave. There were more wo-
men present when court convened
than at any previous time during the
trial. Continuing his instructions,
Judge Watson declared that a con-
fesslon out of court was doubtful evi-
dence and the jury should not con-
Wet on this alone.
Evidence Of the defendants good
character might be the means of Gre
atng reasonable doubt that a man OF
| peace-loving nature could have done
such a brutal murder" he said.
Judge Watson's charge to the jury
was Of fairness to the prisoner. The
charge was short and to the point,
consuming less than half hours time.
The court placed the main burden on
the commonwealth, saying;
THE killing of human being
with malice aforethought, is murder
and deliberate, wilful and premedi-
tated killing is murder in the first de-
gree. But 1t is not necessary that the
premeditation should have lasted any
stated time If you believe that the
accused perpetrated this crime, you
should find him guilty, but the entire
burden Of the proof rests upon the
commonwealth.
IF any reasonable doubt exists as
to the guilt Of the prisoner. 1t is your
duty to find him innocent"
Beattie, natlly dressed. sblowed
the instructions closely and both he
and his lawyer regarded them as
strictly favorable to the defense.
'ln this case, where the evidence
Is largely circumstantial, based large
ly upon the testimony of Paul Beatte,
the benefit Of every doubt should be
given to the prisoner" continued the
Judge.
"In the case Of an alleged confess
sion, such as the prisoner is said to
have made to him. and which if made
at all was made out of court, but lit
tie consideration should be given
to It."
Character evidence was then dis
cussed by the judge, who said:
Before the jury can convict the
defendant in this case, II must be
shown conclusively that the defend
ant and not some one else commit
ted the crime. The jury has no right
to disregard the testimony of the de-
fendant because he Is the defendant.
Each jrror must be satisfied in his
own mind, OF the guilt of the defend
ant before he can give a verdict of
guilty"
Judge Watson gave his instructions
under numerous heads, the last of
which was the twenty-second.
That Mysterious Confession.
Chesterfield Court House, Va, Sep.
7-Prosecutor Wendenburg declared
today that he had decided not to re-
quest the reopenlng Of the Beattie
case on account OF the discovery of
an alleged eye witness.
I'VE have strong enough case
without It," he said. 1--WE could not
get the man here for a couple of DAYS
at least, as he lives out west. But
we have asked him to come here
Just the same to see what there is TO
his story. OF course we have re-
ceived, as Is usual in murder cases.
many letters from alleged eye wit
nesses. This one, however, dgned
his name and we find that he did
once work as a farm hand at a place
near the scene of the murder. We
are going to investigate IT further
but you can take the story now for
what it's worth"
Mr. Wendenburg received the in
! formation in yesterdays mail The
writer who until few days after
the murder of Mrs. Beattie was a
! farm hand employed at n place near
the scene of the crime. said that he
actually saw young Beattie kill his
wife-saw him knock her from the
automobile with the butt of a shot
gun and then shoot her as she lay
insensible on the ground. He wrote
that Beattie threatened him when he
| found that he had Witnessed tho