Evening journal., 1911-08-25

Judge Watson's ruling on the point
raised by the defense regarding the
indictment Smith holds that all
evidence as to the wound that killed
Mrs. Beattie extending back into the
head, is inadmissable because the in
dictment declares that wound "in
the face" caused her death A ruling
in favor of the defense would utterly
demolish the case so far presented by
the state. But the commonwealth
lawyers are confident that Judge Wat
son will not give the defense the
technical advantage of a ruling in
their favor.
Defense Loses Points.
When court convened. Counsel
Smith for the defense, made another
legal objection. He moved TO ex-
clude all testimony relating TO the let
ter written by Beattie to Beulah Bin
ford, because Beattie's admission at
the coroner's inquest that he had
written the letter was privileged by
law, and could not be used against
him. He argued that Beattie was
legally under examination at that time
although he volunteered the admis-
sion. Judge Watson declined to
strike out the testimony.
Wendenburg declared that the state
would show that Beattie volunteered
the testimony to prevent Beulah BiH-
ford evading the question to shield
him.
Arguments in the exception 10 the
Indictment we're then made.
Carter discussed the question at
length setting forth that a wound in
the face could not cause death
When he had finished Judge Watson
promptly Oyerruled the motion "a
strike out all. testimony as to the
wound.
"The court is of the opinion" he de-
clared. that an indictment need not
describe the wound with great par
ticularity That the wound 'pene-
trated the face was specific enough
description even though the wound
went further and penetrated the
brain"
Thus, two finely drawn legal points
were lost to the defense in the first
half-hour Of today's session. Ex-
ceptions were noted I'm both cases.
Despite these set backs. Beatti'
lsmiied and chatted earnestly will
fSmith, keeping his pencil busy iottinl
down notes.
The Jury was brought In and Cieorg
FARRELL a Chesterfield county deput
Z land policeman. who assisted Corone
Loving in the investigation Of th
case, was called as the first witness
the day.
FARRELL related the story Of Oh
: ! IfIf. l. u
tie at the Owen home on the night {
the murder. He said the prisoner toi
! him that he thought the man intende
20 shoot over his head TO frighten hir
and the assailant ran into the wood
: after he had taken the gun from hin
! Several other witnesses have dc
: clarod that Beattie said the man ra
down the road.
FARRELL described his night visi
to view the bloodspois on Midlothia
turnpike and told of the detective wor
that preceded the calling in of tn
. blood hounds. He related Beattie
driving the blood soaked auto back {
the scene of the crime and placing
on the spot where he said his wife wa
kill ed
Object to Map Of Murder Scene.
here WenueuDuIB euutdNoItu 10 III
troduce a map Of the scene Of tn
e crime but the defense objected and
J. was withheld. Wendenburg did, how
e ever, draw a rough chart of the seen
] and examine farrell with its assist
{. ance. He showed that An the positio
. in which Beattis placed the automc
S bile, the blood spot was to the left q
e the car, twelve to eighteen inches fror
= the left running board. From this tn
Q state will argue that Mrs. Bsattie wa
killed in the road as the blood coul
not have dripped twelve inches ava
from the car FARRELL described the IL
cation of two stumps on the sout
! side of the road and declared that
gun could have been hidden there.
But the stumps have been cut dow
f by souvenir hunters now," he said.
/ While FARRELL described Beatie's cor
= duct on the night OF the murder d
d showing no excitement, the prison6
talked earnestly with Smith and h
/ brother, Douglass Beattie. When ia
t rell was turned over to the defeni
Il Beattie suggested questions.