The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-06
HENRY OWEN SWEARS
COUPLE HAD WORDS
Beattie Two Weeks Before Murder, Left Wife
Without B ing Kissed-Same Witness Saw
Him Talking Quietly With Paul at
Beattie Home After Funeral.

Efforts TO recall DR. "a G. Franklin
1T the afternoon sesRon OF the crial
OF Henry c. Beattie. Ir. proved un-
availing under the order OF Judge
Watson. DR.. Franklin was placed on
tie stand as a rebuttal witness, and
was asked as to the charge made by
him against Henry c. Beattie. Jr.. for
professional services TO Beulah Bin.
ford, but the court held that II waa
not subject FOR rebuttal evidence
c. S. oliver. brick contractor, was
called He said he had owned and run
an automobile for the past eighteen
months. making all his own repairs,
and was offered by the State as an
automobile expert.
SIr Smith protested that the Stata
had raised this matter In its evidence
in chief. when Detectives Scherer.
Wiltshire and farrell testified to their
examination Of the blood stained car.
In reply the defense had offered ex-
pert evidence as to the possibility OF
blood running through me motor car
TO the road, and the attorney claimed
that this was not now a proper sub.
Ject of rebuttaL
Argued without Jury.
The jury was taken out while the
question WAS argued at some length
by counsel. Mr. Carter held that tito
State was attempting to pull In in
rebuttal what 1t had failed to offer IL
Its examination in chief Judge Greg
DRY argued the case for the Common
wealth. The Commonwealth had prov.
ed by a number OF witnesses that the
blood spot IN inc road could not have
been occasioned from blood leaking
from the machine; the defense hao
offered expert automobile men to re-
ply to this contention TO show that
there was way by which In that
particular car the blood might have
dripped over the gasolene tank, aId
thence to the road. Judge Watson
said that 1t was asking too much that
perts-the contrary testimony would
go on ala ininitum.
DO you mean to tell u.s." asKeu
Judge Watson III reply to MIR. Smith $
contention. that Officers FARRELL and
Wiltshire were automobile experts?''
II do not" assented Mr.. Smith.
Though I understand Mr.. Wiltshire
had had practical experience in ma
chnery."
I'VE learned for the first time on
Saturday" asserted MIR. Wendcnbure.
"that human hair clotted in blood was
to be found beneath the drivers seat
of the motor car. There Is no rul.
in evidence which will exclude import,
ant after-discovered evidence"
Inat may DC true, replled MT
CarteH when the evidence is OF C
nature that no reasonable diligence
would have ascertained 1t before this
trial. This motor car has been In
the possession OF the Commonwealth
since the inquest. 1t has been eS,
amined again and again. and / sub,
bit that 1t is rather late for the State
to be finding such marks about It,
Giared At by Prisoner.
I'VE wish to show how that hair
got under the seat" said Mr.. Wen.
denburg "We wish to show that the
statement of the accused cannot be
true as to the manner In which he
brought the body home. The hair
clotted with blood is still to be seen
Just as IL was found in the frame.
work under the drivers seat"
During this statement Henry Beat
tie watched Mr.. Wendenburg with
wide, staring eyes. as though horri-
fed at the suggestion OF the prosccu-
Hon that he had as a matter of fact
laid the body OF his wife across two