The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-25

Witness from TINS point OF view, and
surely dealt fairly with both sides
Several times occasions arose when
! either Smith or Wendcnburg would
nave given much for n few significant
words. But the witness. aware of the
rules of evidence. pever once skirted
the danger line. He needed no In
structions from the court. Hearsay
evidence, however badly desired was
still unsaid when he left the stand
incidentally Judge Watson again gave
convincing proof OF his ability 10 steer
clear OF Shoals. The court was ever
equal to the emergency. He grasped
situations with refreshing insight and
expressed them with equally refresh
ing candor. All was Impartial here
| and able to an impressive degree
Hair-splitters find no harvest in Chcs-
terrified.
The cross-examinatlon wat skilfully
handled. and indicated plainly the de-
termination of the defense to stick
| close to Henry Beattie's story Ind from
this vantage ground fight to finish
particular emphasis was laid on GER
tain points: that Beattie experienced
MS delay in arriving at the owen
household early in the night OF the
murder by referrngso busted" tiro:
that he carried a prescription to
druggist. bottle of medicine later
| coming back to show he had filed this
mission; that his automobile was
| pointed toward the Midlothian pike
| when he stopped, and that he merel,,
continued In that direction without
! having to turn around that the pike
i is popular automobile thoroughfarc:
! that when Henry returned after his
awful ride he announced with some
show of certainty that the gun woul,
| be found in the car; that the witness
on that night thought II reasonable to
suppose that the absence OF the rear
| doors OF the machine might have ac-
| counted for the failure to find The gun;
! that at the time the witness thought
+, 1t possible the gun might have been
| jolted out, and even suggested TO bv-
! ISLANDERS the desirability of institutinC
search at certain rough places. one
| OF them being the Belt Line tracks,
| where the weapon was subsequently
! discovered: that the witness saw moth
| ing unusual in Henry's request 70, a
glass OF whiskey. but would in all
probability have suggested one him
| self.
In the course of what followed
much attention was given to the cues
! ton of whether or not Henry Beattie
| did in fact take precautions to have
no ono with him in the automobile that
| night hut his unfortunate wife. It
was brought out that the only people
| In the Owen home at the time were
| with him; the wife of the witness. who
was sick; the baby child OF The younger
Beattics; the mother of the murdered
girl. who was upstairs caring for tho
baby; and the witness. who did not
care to ride in automobiles, particularly
| when speeding.
Too valuable n life to risk in an
automooiie?" suggested Mr. Smith.
Rather valuable TO me-" said Mr.
Owen fdrilv.
IN view OF these statements Mr..
TSmith declared that after all there was
| nobody to join the couple even had
they extended an invitation.
| There was no reason why the baby
should not have been taken" he re-
! Piled. They had done so before"
| AS to Mrs. Owen. mother Of the
| girl. the witness stated that she. too,
| might have gone. 1t was not neces-
| sary for her to remain at home with
| the baby. for the wife of the witness
| was not too sick 10 take care of the
! little one. There was evidently some
other reason why neither Mrs. Owen
nor the witness was Invited on that
| last ride, and Mr.. Owen knows of it.
| but only by hearsay. as previously
stated. The Commonwealth believes it
! was an intimation from the young
husband showing that he desired to
be alone with his wife that night
Counsel cleverly tried to bring this
out, but 1t could not be done.
Attack OH Indictment
When the session was resumed. fol-
| lowing n recess for dinner three ply
| slcians took the stand in succession
| and went Into medical technicalitics
concerning the nature of the wound.
| The court ruled out a question re-
| lating to the probable position OF the
p,n a
| not permit. until proper basis had been
| laid for It. certain testimony concern
| ing previous attentions by physicians
| to the prisoner. Three women had
| fed in prospect of this evidence. but
now came back, only TO fly again a
| little later on. One of the doctors
| stated that he observed no powder
| marks on the face and no indication
! that the gunshot load had scattered
! This was designed to show that the
! gun was closer to the head than the
! prisoner stated. During his inspection
| of the body this same physician did
not look for grit in the hair and did
not fnd~any there. but later discovered
! some in the blood strcaks covering his
| hands. Here the Commonwealth in
! dicates one line of testimony by which
It hopes TO prove that the girl was in
| the road and not in the motor car
| when shot.
| In connection with the succeeding
! testimony of the physicians developed
| the attack on the Indictment Tho
| county coroner had described his ex-
animation of tho wound. identifying
| two No shot he had removed from
/ the cavity and also stating that he
! had discovered a gun wad in the same
| place. The condition of the skull was
! describe In grhesome detail The
! wound opened upon the surface some
! what under the left eve and extended
| back nearly 10 the occiput Portions
| OF brain matter had eXtrudcd Death
| undoubtedly was due to this wound.
all three physicians said.
Then Mr.. Smith made his move de-
| Iibcrately. Calling for the indictment.