The Birmingham age-herald., 1911-09-04
Prisoner Spends Day Talk ing With Counsel Under
 Shading Tree
TALE WILL CONVINCE
 JURY THINKS LAWYER
Its a Question of Veracity Between Henry and Paul." Says H. M. Smith, Jr.-Big Crowd
 Is Expected


 Chesterfield Courthouse Va, Septem- Der 3.-Under wide spreading oak tree In the twilight tonight sat Henry Clay Beattie, Jr.. indicted for the murder of his wife in a secluded spot on Mid lothian turnpike last July Beside him on rlclSety bench was Harry NJ. Smith. Jr. his lawyer, talking rapidly and earnestly to the man who tomorrow will take the witness stand in an ef- fort to clear himself of the grim charge against him.
 While they talked, not less than fifty yards away on the grass under another tree reclined the twelve men in whose hands the life of the prisoner hangs. Comic sheets were scattered around them plenty, as wei las other innocu ous sections of the newspapers,
 The conference between the accused and his counsel was brief. MT. Smith shook the hand of the prisoner warmly and bespoke his best wishes for the events of the morrow.
 I'm very glad to get the chance to go on the stand" said the accused to an Associated Press representative. Tn fact, they couldn't keep me off if they tried"
 ''Did somebody try to kep you from the stand?' he was asked Yes, some people thought I would weaken my case if I testified, but I
 have told them. and say now, that I'd go on the stand and tell my story if [ thought I were going to be killed the 1 next minute. l want to tell the jury my story and when they hear it, I'm l confident their verdict vii establish my innocence"
 When he had finished talking, Beat tie bit nervously at toothpick For a few minutes he stood alone with the jailer watching his attorney enter all automobile in the road. He waved his hand in farefel land stood for an in terval under the tree. A big collie dog
 came dashing up ana the acused man
 fondled it for a minute and soon sent l it scampering across the green tafter a
 stone that he tossed away, But his ex- cursion Into the outside air was short 1 lived, for soon he sauntered with the l jailer to the stuffy stone jail where ths yelping of dozen negro prisoners and the midnight pranks of a family of rats furnished his only diversion Attorney Smith talked enthusiastical- ly and hopefully about the testimony he expects the prisoner to give tomor- row.
 ''I am sure Henry Beattie will clear himsef.' he said as he adjusted several thick folos of manuscript under his arm.
 Why, just consider that what has been said against him has been almost en- tirely circumstantial evidence, and just remember what MT. Kestleberg's testi- mony showed about the danger of accept ing circumstantial evidence. The discov- cry of MT. Kestleberg as a witness was an accident. and when we found out what he knew we literally had to drag him to court. He shows that it was he whom the boys fixing that automobile on the night of the murder and does not this cast big doubt as to other evidence which the prosecution has brought out?" The attorney said he was confident mat the prisoner would convince the jury of his innocence.
 Its a question of veracity between Henry and Paul." continued the lawyer, and I reckon the jury will soon decide the issue when they hear the prisoner tell his own story of the affair. Tn my experience as criminal law yer 1 have always found that an innocent man wants to take the stand to tell his own story to the jury. I always leave it to the prisoner himself to determine whether or not he shall do this. Beattie has been absolutely insstent from the first tht he tell the story in his own words"
 The accused did not look as bright to- day as he has on other occasions since the trial began. His face was palid md his eye lids sagged as if from sleeplcss- ress. The uncomfortable little cell that he occupied was cheeress. Tonight two dainty little girls, one in pink and the other in white proudly brought the prs- oner his supper.
 A thunderstorm and downpour of rain that soon followed, however. did not add to his comfort. He retired early to rest for the ordeal of tomorrow. Labor Days respite for the public Is ex- pected to bring an unusually large crowd to the courthouse tomorrow, but as It's capacity Is limited to barely hundred, there will be scramble for seats at an early hour
 The prisoner will take the stand im- mediatey after court convenes at 10:3O O clock.
 The prosecution is prepared to attack the prisoners story with mercess fire. Prosecutor Wendenberg is primed for the occasion with dozens of letters and state ments with which to surprise the accus- ed, and in the rebuttal which will follow on Tuesday the commonwealth Will bring to the stand many a witness which 1t has purposely withheld until the story of the accused Is before the jury | It would not be surprising to see Beu- lah Binford, the so-ealled girl in the case on the stand confronting the pris- oner Various surprises have been rampant as to what kind of testimony she would give.
 Whether Beulah is called to the stand or not" said MT Smith today, twill de- pend on the revelations made by Henry in his testimony. If she is called 1t probably will be by the commonwealth and we wish they would do so." A story of the alleged effort of the prisoner to communicate with the Bin ford girl while she occupied nearby cell In Richmond jail and of a packet of letters discovered on prisoner re- leased from the jail was characterized as trivial by Attorney smith.
 "The letters which the prosecution have explained Mir. Smith, were per
 sonal letters from members of the fam | fly of the prisoner to him and in no way concerned the Binford girl Henry told me that be hoped the prosecution would produce them. as it only would show the kind of tactics they have been using to
 try to convict him."