The Washington times., 1911-09-05
Produces Important Evidence To Contradict Testimony Given By Bae

- "What What did he ask you to do so IA
He said. Point out Paul to me. VII
II showed him Paul under tree"
He said, Wrerer I pointed again
He said, is that Paulr"
the witness swore his relations witt
Neputt had always been friendly.
DR.. J. @. Loving was called to tn,
stand to testify as 10 the position Of
Mrs Henry Beattie's body when II wa
Drought home shortly after the homi
eide The question was asked hin
whether 1t would have been possible fol
the body Of Mrs Beattie to have re-
NAMED stationary In the automobile
seat, as was testified to by Henry Beat.
tie, Jr.. yesterday, with the car run.
nning at the rate OF speed IT is said t
The. question OF admissibIiity of eyi.
dence came up on this question, and the
jury was again excused.
The object of calling DR.. Loving was
70 get in contradiction Of Beattie on
statements yesterday and In previous
Photographer Arrested.
Right at this time Sheriff Gill caught
a Photographer appearing to be taking
q picture Of the court room through a
window while the trial was going on.
This was contrary TO specific order and
Judge Watson had the alleged offender
brought in. The man asserted he was
Just resting his camera on the window
ledge and the court let him of with a
mild edmonition and warning.
DR.. Loving was excused because the
court ruled adversely
Mrs. +. e. Nolan, who lives next
door to Paul Beattte, was the next
witness. She corroborated the state
AA 49, Al ktwrn
to seeing Paul driven up to his home.
by another man, who drove the ma
chine. This was between and 10
o'clock. nearer 10 than 8, on the
Thursday night preceding the murder
She was aot positive as to the color
OF the car or the top,
1T was too dark to see."
Mr.. Houchens swore she saw a vel
low top. Mrs. Paul Beattie was an
nounced as the first witness after the
luncheon adjournment, which came at
1:10.
A hung Jury is now being pre-
dicted as the outcome OF the trial.
The prediction may, perhaps, be pre-
mature, but Is based on the remark
able showing Beattie made In testify
examination being again the order when
court convened this morning.
viii Be Doubtful to End.
As a matter of fact, the issue of the
Beattie case Is doubtful now, and will
be doubtful until the jury has come In
with report. So many surprises, SO
much evidence unexpected by either side
has already been sprung that none may
yet safely predict what the upshot will
De. Beattie's iron nerve and quick re-
sourcefulness might fail him before the
DAY Is over. and in single instant he
might undo all his efforts for himself.
Highly damaging new evidence against
MIN may be put In on rebuttal, and a
hint Of this is at hand. The defense
may yet again hit the Commonwealth
such blow as II struck when Kastel-
berg confessed his JOY ride; all these
and many other things may happen.
II tne case went TO the jury right
would disagree, but to say this Is to
say something different from a predic-
ton OF ultimate disagreement II may
very well happen that the jury will not
agree when all Is over, but 1t is too
Beattie Is still "hair-hung"
over destruction. No man can yet
know, no man can guess, how the case
Will stand three days to come
Beattie Makes Good Showing.
But that Beattie. In spite of a fear
ful handicap. did brave things for him.
self In cross-examination no one dis
putes, yet Prosecutor Wendenburg,
though he could not break Beattie,
irove him into one ENHANCEMENT from
which no escape seems possible. Mr.
w Wendenburg made Beattie reaffirm and
-eaffirm that he did not see his COUSIN
Paul that Thursday night, when the
to buy the gun. according
o PauPs story. was given. Certainly
Beattie faced an ugly alternative here.
Il would have been disastrous to ad-
NIT he saw Paul that night; 1t will be
disastrous to have denied II as he did.
rhe prisoner chose his course and clung
% It He swore again and again he
lid not see Paul that evening. On this
ienial the Commonwealth has him be-
,ond peradventure Of doubt The two
cousins were seen together in three
places by different witnesses. and the
ienial by the defendant will be shown
/ falsehood, say the lawyers for the
State.
On other points, too, the Common
wealth yesterday laid the foundation
TO prove later. or to try to prove, that |
truth and veracity do not exist IN
Henry c. Beattie. tr.
Beattie's Pluck Wins Friends.
All the Commonwealth has up its |
sleeve on. rebuttal Is not known, but
IldIly VI tuC QuCShiOh5 VI hO4dJ dAO 4
were asked with this cross |
firing evidence In mind. Beattie was |
game yesterday and his gameness and |
MS acumen aroused much admiration. |
Even those who deem him a brutal |
forgot for a time their horror |
1t his deed, as they believe, and ad-
nired his fight for life.
When darkness finally drove the un-
willing court to end the day, the youth |
was still upon the stand, fighting as
as he had begun, showing no |
evidence Of fatigue, no sign, even
slight, Of weakening. With a fortitude |
born of desperation, he faced the su-
preme moment, casting his die with a |
skill that excited the wonder Of all who |
saw him.
Coolly then he stepped from the chair,
Ind while the crowds melted away In '
he dusk, leaving him alone once more, /
went back to his dismal cell again, |
happy in the thought that he had
struck with no puny force at the fet- |
.ers binding him fast. With the begin |
ling of the eleventh day. he came into |
t again, all the stronger Tor the nights
est, all the surer-footed Tor MIS- ex-
,erience at the opening.
Morbid Crowd Listens.
To the throng Jammed within the |
,ourt house and spreading across the |
,reen, 1t was a thing that fascinated the !
,ye-the picture of Henry Beattie bat
pnnrhid 1