Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-08-31
BEATTIE DEFENSE
STICKS To BANDIT
THEORY Of CRIME
FIRST WITNESS SWEARS
TO SEEING PR0WLER
Farmer Says Strange Bearded
Man With Shotgun Such As
Prisoner Described, Was In
Vicinity Before Tragedy

TBy Morning Journal Special Leased Wire
/ Chesterfield Court House, Va. Aug.
/ S0.-feStmony rurrab0rative of the
story told by Henry clay Beattie, Jr.
/ that bearded highWayman killed his
| Wife with a shotgun. was introduced
{ by the defense in the Beattie trial to-
! day when ". r. Holland. who lives
/ in the vicinity OF the Midlothian turn
pike, where the murder occurred de-
elared hc had seen a bearded man
with a shotgun there about five hours
before the tragedy.
! II was the first move Of the defense
after the prosecution rested it's case
! al noon today to establish the vcrac-
! ity Of the prisoner and besides Hol-
lands statement concerning a man
with shotgun Eugene Henshaw, a
! farmer who travels the Midlothian
+ turnpike daily, testified that he saw a
strange looking man proving around
! on three different days before the
+ murder.
( II is reported tonight tnat the pros
ceution Is ready when it's time for re-
\ huttal arrives, to pat on the stand the
/ man who passed along the railroad
! tracks where Holland said he saw .
1 man with shotgun and that the new
/ witness will say he was squirrel hunt
! ing that oay,
/ The defense summoned today many
/ witnesses. Besides the testimony re
gardins the bearded man. expert tes-
/ timony was introduced as to the
/ bouncing qualities of an automobile
similar to that driven by Beattie.
+ thereby accounting for the iolting
/ from the car Of the shotgun placed in
a rear seat by Beattic after the en-
counter with the alleged highwayman,
/ The prosecution attacked this line
/ OF evidence on cross examination. IT
/ Gontended that the railroad crossing
1 where Beattie claims the gun must
| have been jolted out Of the ear was a
smooth one and that The jolt which
ni"ht have resulted trstm crossing tho
1 tracks whore the rails are exposed
neee ssarily would have tossed the
weapon forward of the crossing In
stead Of directly sideway parallel
with the track where the gun was
found The idea of the prosecution
has been to indicate that Beattic him
iSelt slowed down Ut the crossing ana
threw the gun to one side on his way
to the owen home with his dead wife.
The defense sought show that be-
ing held up By highwaymen while
motoring in this vicinity was not an
uncommon occurrence and put on the
stand chauffeur who related an ex-
perlence with 4 highWayman a wear
ago. The commonwealth attorneys
objected to the testimony as irreie.
want. Judge Watson ruled that unless
a great many instances could be point
ed to showing holdups of character
slmllar to the one described by the
prisoner evidence as to a single Incl.
dent of the kind would be ruled out
The defense announced THAI it intend
cd to give other instances later.
Beattie's counsel attacked the dec
lafation of sam Taley that ne heard
on the night OF the murder shot and
the scream of a woman on the Mid
iothlan turnpike. Several witnesses
testified that the morning after the
murder when Beattie talked with Tai.
ley and others, nothing was said about
a woman screaming.
An amusing incident occurred when
the defense put on the stand Winiam
fenpeftoh, man Of forty-five years.
70 attack the truthfulness and charac-
ter OF Talley. Pcmberton's own men
tality was questioned by Prosecutor
Wendenburg.
Are you right in your mind?s ask
ed the prosecutor.
what do you mean, am | crazy"
Pemberton asked.
Well, no"
Dld not YOU have nine cats chain
ed in one room in your house once >"
asked the prosecutor.
NO"
We'll. We're not there pictures taxi
en- Of these cats?"
Maybe"
The witness fidseted and began to
snow signs of embarrassment. He
turned on the prosecutor sayagely.
cXclaming.
Look here, man, are you trying to
examine me? You are talking
out of your head"
The witness continued talking rap
idly, but his remarks We're drowned
IN the laughter Of the court room and
after the Judge had restored order the
witness talked on until the court ord
cred him to stop. Even the prisoner
joined in the laughter and was the
last III the room to regain his COM