The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-09-08
WONT REOPEN BEA77IE CASE
PROSE(i ron FEELS Sure OF
PRTSONERS CONVICTION.
VII, Hold newly Discovered witness for
tse In Another Trial In Case Jury
Fails TO Reach a Verdict Courts
Charge Leaves No Room for Reversal.

FAILS 10 VeaCn NcrOlCt-SOurt =
Charge Leaves No Room for Reversal.
CHESTERFIELD CouRT HOUSE. Va. Sept
= Louis q. Wendenburg. Common
wealths prosecutor in the trial OF Henry
Clay Beattie. now nearly completed.
received word to-day from Chicago con-
frming his belief in the crediblity of
the twelfth hour witness who wrote to
him saying that he had seen the murder
Of Mrs Beattie on Midlothian turnpike.
II is believed that Wendenburg has
sent request to the chief of police Of
Chicago to hold this witness until he re-
ceives further word In long conver-
sation over the telephone Luther Scherer,
chief of the prosecution detectives. re-
ceived from a lawyer in Chicago who
had examined the volunteer witness
mans story 10 cause Wendenburg to act
Immediately
wendenburg said to- nj ght that he would
make no move TO reopen the case Of the
prosecution and put this new witness on
the stand He believes that his case is
strong enough to secure conviction
without this dramatic introduction Of
an eyewitness story at the last minute
But he is preparing to have the man
in Chicago who so minutely described the
incidents of the killing on the Midlothian
turnpike brought on here to be used
against Beattie in case, the jury in the
present trial fails to reach an agreement.
The prosecutor does not feel that the
chance Of an acquittal is great enough
70 warrant him delaying tho trial for the
number Of days necessary to bring the
witness on from Chicago and put him on
the witness stand
1t was learned indirectly to-day that
the man Wendenburg wants held is al the
Great Northern Hotel in Chicago. but
whether in the capacity Of an employee
or as a guest was not discovered. His
name Wendenburg and his detectives
are keeping secret.
There is every indication that Beatties
case will go TO the jury 10 morrow night
Two of the lawyers finished their sum
ming up speeches to-day after the little
brick court house had bulged for seven
hours with oratory
Tomorrow Harry Smith will say the
last word for the accused and Wenden-
burg viii round off the case for the Com
nonvs9ith Since Judge Watson charged
the jury to-day the jury will be able to
retire as soon as Wendenburg finishes
his summing up. That will probably
be some time late tomorrow afternoon
Beattie's two lawyers could not conceal
their delight over the tenor Ct Judge
Watson's charge TO the Jury. I.aymen
and visiting lawyers who heard il were
both struck with the strong admontions
favorable to the defendant which wer,
included therein, Though there was no
hint of favor in the long charge Judge
Watson left no opportunity for a reversal
by the Court of Appeals because Of failure
to safeguard every possible right of the
accused
He dwelt AZ length upon the import of
circumstantial evidence which is the only
kind Of evidence that has been entered
against Beattie in this case Upon this
point he gave the following caution:
"Circun1sta antial evidence. if 1t he Of
such weight and character as to exclude
every hypothesis other than that the ac-
cused is guilty. is entitled to the same
credit as direct and positive testimony.
But it must always be sce1 ned with great
caution and can never Justify verdict Of
guilty especially IN a case where the PEN
atty may be death unless the circum-
stances proved are so numerous and SO
weighty as to force fair and unprejudiced
mind to moral conviction of the guilt Of
The accused beyond any reasonable doubt.
And unless the jury believe that each
and every circumstance essential to con-
vict has been made out and established
beyond reasonable doubt, such evidence
is not sufficient to support a verdict of
conviction"
Judge Watson also drove hard at the
strongest point in the Commonwealth s
case when he alluded to the value the jury
WAS to place upon the alleged confession
Henry Beattie made to his cousin Paul
two nights after the murder. wherein he
said according to Paul Beatties tes,i-
mony, that he would give 81 600 900 il
this thing could be undone" He eau
toned the jury that; The confessions OF
q prisoner out Of court are a doubtful
species OF evidence and should be acted
upon by the jury with great caution. and
II the witness testifying to the confession
has a motive for testifying thereto. or il
the facts brought out in the alleged con-
fessions are fav orable or advantageous &c
the witness detailing the confession, then
the jury ought not to convict upon such
confession alone unless, after careful
examination of the same and all the cir.
cumstances under which it was made. they
are satisfied beyond reasonable doubt
Of it's truth and that they may safely rely
uponit,"
Already all OF Richmond. which has beer
absorbed to the point OF obsession by the
details of the Beattie case, has begun tt
speculate upon what the verdict Will be
Prophecy seems TO be fairly divided
between hung jury and conviction
Very few expect an acquittal. lr
several of the downtown saloons hand
books on the verdict were started to-day
and there were many bettors. The odd
in the chief gathering places of the sport
were TO ) for conviction and one coulC
take the short end of 10 to | bet tha
Beattie will walk ont of the Chesterfield
court house free,
Beulah Binford, the girl whose nam,
has been so closely linked with that o
the prisoner during the trial, and Pau
Beattie, the cousin, were both released
from the Henrico county Jail in Richmonc
this morning. They had been held ther,
for over a month as Commonw wealth