The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1911-09-10
BEETT|E,PIACEB..
UNDER Deaf H
WATCH IN JAIL
Closely Guarded, Though
There Is Little Fear of
Suicide Attempt.
CONTINUED from First Page.)

Continued from First Page.)
even as they view it themselves, 1t Is
the last opportunity to try to do any
thing for Beattie.
So far as the supreme court Is con-
cerned. the fate Of Beattie may be
known some time before that tribunal
begins its session here during the first
week in November 1t is unnecessary
that the court be in session to rule ad-
versely upon the petition OF an apph-
cant before it's bar for a reversal Of a
decision Of a lower court. 1t would
seem probable, in view of the WIDE
spread public interest in the case, that
the highest court will see fit to present
a written opinion when acting upon a
petition for a writ of error. Such a
course is extremely unusual, yet 1t has
been followed within the past decade in
At least two murder cases and in one
case involving an important construc-
ton of the election laws.
The procedure in matters of appeal
IN Virginia differs from that in vogue
in most of the States. When q trial
court has refused to grant a new
trial, the attorneys proceed to prepare
9 petition for a writ of error, With
this petition there must be presented
a complete transcript of the record,
Including all the papers served, all
minutes of the clerk and all testi-
mony
How Record Is Examined.
When the petition and record are
presented to the clerk Of the supreme
court in vacation, that official sends
Il to one or the other of the five
Judges. Two Of the five are in Rich
mond nearly every day, while the
other three are at their homes in diff
ferent parts of the State save when
the court is in session. The Judge
receiving the petition examines it
carefully, reading the record. Should
there appear to him reason to think
that an unjust verdict has been rem
dered on the facts, or that some prin-
ctple of law has been violated in a
ruling OF the trial judge, he notes on
the petition, writ of error awarded"
Sometimes he adds the words, And
supersedeas," which acts as stay of
execution when capital punishment is
the penalty. or stops the enforcement
Of the lower courts decree in civil
case.
Should the Judge decide that it is
not a proper case to warrant interfer-
ence, he marks it refused and for
wards the petition to another member
of the court, and this is kept up until,
in turn, every judge has refused to
grant the writ or until some one has
seen fit to act favorably. If all refuse,
the matter is at an end, and nothing
further can be done in this court.
It will be possible to have Beattie' S
fate decided adversely during the vaca-
ton of the supreme court. between the
adjournment of the Stanton term: now
in progress, and the beginning of the
Richmond term in early November.
Should any judge grant tn writ of
error, the papers are returned to the
clerk of the court, under whose direc-
ton both the petition and record are
printed.
Possible Date of Argument.
This naturally consumes some time,
especially when the record is voluni-
nous with evidence. as Is the case in
the Beattie trial II the defense's at
torneys find IT impossible to prepare
their appeal until, say, late In October,
even If a writ Is allowed, 1t might be
impossible to have the record printed
IN time for a hearing at the November
term, and the case would go on the
docket for argument in January.
After printing, the case is placed on
the docket. Commonwealth cases al
ways have precedence over all others,
and come first on the list at each term.
Argument is had by the attorneys on
both sides, in open court, the reason
for asking a new trial being covered
fully. Opinion day with the supreme
court is every Thursday during the
tsrm save the first. A case heard at