The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-14
JURY'S VERDICT
IN BEATT|E CASE
MUST PREVAIL
Supreme Court Refuses to Grant
Writ of Error, Diminishing
Murderer's Petition.
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biase OF tho formal order WHICH al
| ways goes with the rendering OF a re-
| susal for writ of error on an appeal.
There was no explanation OF the
courts action. II was simply q state
ment that the defense had no. In It's
petition made out case with suai-
Client forco TO justify further consid-
4 Grafton.
no attorney in the case vas presen,
when the decision was rendered Clerk
Jones notified counsel for the petit
toner as soon as possible, and few
minutes thereafter the news had
spread throughout the city. Men told
each other on the street, IN the Office
buildings. in the stores. tina; Beatt,e
mad been refused n writ OF error, and.
that he could secure no new trial No
body was surprised, fe.; EXPRESSED dis
satisfaction. nobody wondered It was
| as If some body Of people. having, az
| they knew. voted overwhelmingly for
cause. heard tho official returns with
out especial interest
Not Yet BEFORE Governor.
Governor Mann wsg In Petersburg
yesterday. Attorneys for the prisoner
tried TO get In touch with him, but
he was not in HE office. He was asked
In Petersburg what he thought OF the
4
comment merely indicating that he
might have something TO say to-day.
! The matter is not before him, and, OF
course. he has no decision to announce
| as Jet
II is understood that nc will be seen
to-day for the purpose OF q prelmi-
nary conference. Upon what he indi-
Gates the next move OF the defense
will likely be based
Differing opinions prevail az to tho
probability of l. respite for thirty "a.
sixty days. Such II stay OF execution
Is often given, when 4 case is pending
I in the Supreme Court. or when the
facts TO be presented TO the Governor
/ are not familiar TO him. But In this
! instance. 1t is believed. Governor Mann
has followed the progress of the case
and that he is familiar with It. II IS
not improbable that he will Indicate
to the attorneys tho futility OF pcti-
ton TO him. unless accompanied by
new evidence or by arguments which
differ from those already advanced in
the courts.
In that event. one moro appeal might
be made for time log the prisoner to
prepare himself for that eternity
which now seems opening for him. On
/ this point the Governor might consid-
er an extension OF the number of
/ Beattie's days on earth.
The Denied Petition.
The petition OF beattIe. which is re-.
produced in full this morning, is an
interesting document, in view OF the
Importance when the case has as
sumed in the public mind Seventeen
bills of exceptions were presented, and
some of these were discussed at some
i, ii.e9n4E5ho~a .e"
all nf tnl ,pt..
Is asked to examine his evidence and
to determine il il is worthy OF belief
The attempt is made TO show that the
prisoner would not have gone about
ms preparations tor the niurder in tho
manner Indicated by the testimony or
his cousin, nor would he have so put
himself iii the power OF Pau. Beattie
The prisoner is said to ue Il man Of
intelligence To have done as Paul
ton. would have shown him 10 be a
driveling idiot.
opinion Of Jurors.
~ good deal OF space is taken I'D in
discussion OF the accepiability of
jurors. Those who had read news
paper accounts OF tho crime and had
formed an opinion as To the guilt or
Innocence of the accused based on
such circumStantial evidence as the
pubiicdtloUS diloTucu are SJlU 10 have
| been not qualihed jurors. The McCue
case is quoted in tins connection, the
point being made that rulings of the
same court in that instance reached
! the high water mark in latitude of
acceptance of talesmcn.
Objection $50 made to sundry state
ments made in evidence, and admit
ted by the court over TIE objection of
the defense. Certain parts OF the evil
dence OF Mrs. II. V. Owen, mother or
the murdered woi1an. arc said To have
been improEerly before the jury.
An interesting point Is the objection
| to remarks made in the closing address
of Louis o. Wendenburg. special coun-
sci for the prosecution. Asking the
| jury to convict Beattie. Mr. Wenden
burg said in effect that IL the prison.
! er We're freed the State should dig
up the remains of Phillips. Cluverius
| and McCue, and apologies 10 them 1t
was argued in the petition that the
{ admission of this sort of appeal to tho
! jury was highly improper. hume. ous
authorities We're cited to show prev
| ious decisions on this and other mat
I tiers mentioned.
| Upon these and other objections
the. petition asked that tho judgmen,
| of the Chesterfield Court In refusing
the prisoner n now trial be reversed
| and that he he again put ON trial for
1 his life or his liberty