Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-09-09
Attorney Harry M. Smith
Closes for Defense With
Plea for Acquittal; I'M
peaches Cousins Evidence
JURY EXPECTED TO
RETIRE LATE TODAY
Prosecutor Wendenburg to
Take Up Entire After
noon With Closing Argu-
ment for the State.

~-ANoS>A AA0AN SoOl xlOu0O, vd.S 00VyS
s. Henry Clay Beattie, on trial for
the murder of his wife today. searched
with unbroken gaze for hours the ex-
pressionless faces Of the twelve
country folk who hold his fate for
some manifestations. however remote.
OF yielding to the deep-voiced appeal
OF his attorney, Harry Smith, Jr.
It was stare of manifest ANXIETY.
Some OF the eyes in the Jury box fol-
lowed carefully the full-gestured
speech of the tall man at the bar,
earnestly beseeching them to consider
the past good character of the ac-
cused and the inconceivability of. the
murder being committed "by man OF
Beattfe's alertness and intelligence"
Others Of the jury looked distantly
through the windows opposite them,
wearied of meeting the eyes Of gap
ing crowd
Mr. Smith reviewed the evidence IN
detail and continued the impeachment
of Paul Beattie's Testimony as the
keystone Of his argument. He spoke
for four hours, concluding Just before
the luncheon recess L. o. Wenden-
burg Of the prosecution began the clos
ing speech Of the trial this afternoon.
"Have you not thought" said Mr.. +.
Smith in conclusion, that q verdict Of
guilty means also the death Of the
father and the disgrace Of the little
sister? Moreover near here there 10 q
little boy who cannot even lisp his
prayers. Its mother is gone and now
you are asked to brand the father as
the coldest blooded assassin OF the
twentieth century. May God give you
wisdom to do your duty"
The ending OF the argument for the
defense at the recess hour indicated
that the case would go to the Jury
about or O'Clock tonight. Prose-
cutor Wendenburg said he would soc-
cupy the rest Of the afternoon with
his speech.
May Know Fate by Midnight.
It is within the range OF possible
ties that before midnight tonight Henry
Clay Beattie, Jr., indicted for the mur.
der OF his wife, will know his fate.
Harry M. Smith, Jr.. counsel for the de-
Tense and L. o. Wendenburg for the
prosecution probably will have COM
cluded their battle Of words before the
close of the day, when the case will
be given to the jury in which event It
is expected the latter may find yer.
dict tonight.
IT expected the case to go to the fury
tonight" said Judge Watson before
convening court today, "but this cam
not be foretold as the argument has
not been limited as to this.
II expected Mr. Carter, for instance,
not to occupy all afternoon yesterday
but he did 80 and 1t is possible that
II Mr.. Smith uses the greater part OF
today, Mr.. Wendenburg's concluding
remarks may have to go over until to-
morrow. know the jurymen are
anxious to get to their homes and
will urge the lawyers to endeavor to
finish tonight"
It was a bitter fight enveloping all
the finer details of criminal law that
was scheduled at the historic court
house today between Attorneys Smith
and Wendenburg
Continuing the line OF attack begun
by his colleague, Hill Carter yesterday
attacked the veracity OF Paul Beat
tie who gave the only sensational and
damaging testimony against his
cousin, Mr.. Smith battered away at the
story of the purchase of the gun. the
alleged confession and the chain OF
circumstantial evidence forged by the
prosecution.
Mr. Smith began speaking at 800
o'clock this morning. The prisoner IN
light suit and white cravat sat be-
sides his counsel assisting him con-
stantly in finding pages In the volumin-
GUS typewriter record Of the testi-
mony and followed the argument
closely.
Smith Pleads for AcquIttal.
''The masterful argument Of Mr.. Car.
ter yesterday" Mr.. Smith said, has
made 1t unnecessary for me to detain
you with protracted address. We do
not anticipate, and do not fear at your
hands a conviction. What We are
troubled about is those Of you who are
satisfied that you cannot bring in .
verdict Of guilty and yet cannot assent
to verdict of not guilty.
1--WE will endeavor to show you that
II that is your frame OF mind we are
entitled to an acquittal. That propo-
sition is made plain to you by the In
structions."
Mr.. Smith cited the Kestleberg In
| tPbpntinued on Page 81