Pine Bluff daily graphic., 1911-09-05


 The defendant, trifle nervously accepted a brown sack coat which va: handed to him, exchanged it with { blue serge one he was wearing and turned at the Prosecutors command so that the jury might observe him There was not single stain upor the old garment.
 How do you explain if the circum- stances were as you state that neither your coat or shirt were marked?s
 T don't know--I don't remember clearly was the best reply he could make. It was the first time he had been entirely at loss for an answer It was the big break in his story of the highWayman' shot and the sub- sequent events.
 And at this point the session-drawn out until nightfall at the Judges con- mand,-Was concluded, leaving that break and the boys confusion, to rt,- main in the minds of the jurors over night. The end came because there was no more daylight and only an- cient coal oil lamps constitute this courts Illuminating plant. Just once during the day had Beattie made another misstep Gin the minds of those who heard his story) although this one may perhaps he blamed up- on his lawyer, Harry Smith.
 He denied that he had even met his cousin, Paul Beattie, on Thursday night before his wife was slain. It was on this Thursday night, as may be remembered, that Paul testified he was engaged by Henry to buy a shot gun-subsequently identified as the one with which the killing was done. Paul, when he was on the stand, swore that he met Henry by appoint ment at Short and Main streets; that Henry gave him S4 to buy the wea- pon; that they had a couple of mint juleps together in McEvoys saloon and that then Henry asked Paul to call up Beulah Binford for him.
 Henry, did you see Paul Beattie at all that night?" his own lawyer, Smith asked his in direct eXamina- tion.
 "No sir, I certainly did not"
 He made the same answer to Pro- secutor Wendenberg when asked the same question.
 "Very we'll, MT Beattie," announced Wendenberg, i've will place upon the stand McEvoy the saloon keeper, and several other witnesses, who will swear that you did meet Paul that night and that you drank together The prosecutor, a short red faced, plump checked man, whose blue eyes blazed through gold trimmed specta- cles, apparently determined to give the boy defendant fighting chance:
 "If these eight witnesses swear that you and Paul did meet at the point named and did drink together that Thursday will you admit then that perhaps your present memory is at fault?" No, will not,' declared Beattie emphatically.
 "f did not see Paul that night. l don't know where McEvoy's place is. I was with some fellows in South Richmond that night and the only drinks I had were soft ones."
 MT. Wendenberg then announced that he will put his witnesses on in re- buttal. The rich youths plan of de- fense was outlined early in his di- rect examination and he stuck to it tenaciousy throughout the cross fire. He proposes to deny absolutely his cousin Paul's story that he (Henry) ordered the purchase of the gun and to assert to the very end that he never saw the gun until the bearded high wayman pointed it at him the night of the murder. Incidentally he attacked the reputation of his cousin, Paul, at every possible opportunity, endeavor- ing to make the whole question just this-which boy is to be believed Paul or Henry? Also the defendant skillfully denounced Beulah Binford at every possible opportunity; swore that he never loved her; went out of his way whenever he had chance to say "She was common woman; she lived in common house." This was to forestall anything she may say if she is put upon the stand. But the alert Prosecutor was quick to realize this and his first counter play was to dfnd Just single break, single lie, that he might point out to. the jury, so that he might call into play the legal axiom "falsus in unum, falsus in omnibus and declare that man who lied at one point would lie in every thing.
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