The Birmingham age-herald., 1911-09-03
New Light on Incident of Woman Standing on
 Running Board
BEATTIE'S CHUM TELLS OF SOWING WILD OATS
Prosecution Intimates Beulah Binford Will Be Called in-Rebuttal to Refute Beauties Own Testi-
 mony-Beattie to Testify

Chesterfield Courthouse, Va, septem- Der 2.-Henry Clay Beattie, Jr., who to- day was to have told to the 12 men In whose hands his life hangs in the bal ance the story of the murder of his young wife on the Midlothian turnpike last July, will not go son the witness stand to testify in his VII behalf until Monday, when the clii AK of the trial is expected and the ,ase of the de- fense brought to a close. It was with reluctance that Judge Watson, who Is hearing the case, granted petition or Beattie's counsel for an adjournment today earlier than usual without having placed Henry Beattie on the stand. as had been promised. The postponement wa ordered to permit the accused man A . his counsel to have a conference over Sunday. In granting the delay Judge Watson asked the indulgence Of the jury for the apparent prolongation of the case, but assured them that he would hold sessions both day and night next w~~'-, if necessary, in order to bring the trial to an early close. It seemed probable tonight that the case might be in the hands of the jury not later than the middle of next week.
 Only two important witnesses faced the jury today, Charles H. Kestieberg end William H. Sampson, and with the exception of their testimony today's proceedings were quite featureless. A sharp exchange between the opposing counsel toward the end of the day ravaalad that T,a,,Iob ainford tho ao- called girl in the case,v might go on the witness stand before the trial ended. It came after a sarcastic re- mark by one of the counsel for the defense, when Sampson had testified concerning the prisoners relations with the Binford girl.
 You were summoned by the prose- cution, too, were you not?' asked Henry M. Smith. Jr., of the defense, address, ing Simpson
 Yes" was the reply. But never raaled to the stand by, them"
 what makes no difference" interject- ed Prosecutor weRdenberg.
 "Oh, yes it does. snapped MT. Smith "You have kept Beulah Binford in jail now for a month and did not put her on the stand"
 Well, we'll see about that" said MT. Wendenberg with a smile, inti- mating that the Binford girl might be put on the stand in rebuttal next week.
 You did not dare to put her on in the examination in chief, however" said Mr. Smith quickly. before Judge Watson in- terposed and put an end to the discus sion.
 Binford Girl to Testify
 It has become evident that the pur- pose of the commonwealth in withhold ing the Binford girl from the stand has been to await the testimony of the pris- oner himself regarding the girl whom the prosecution points to as the motive for the murder of Mrs. Beattie
 The intention of the commonwealth. it was admitted today. is to confront the accused some time next week with the Binford girl to contradict certain state ments which it Is expected, Beattie will make when he is on the stand if he clirgs to the story he told at the coro- ner's inquest.
 Tho most drastic moment of the trial, however, is expected to be reached when the commonwealth confronts the two cousins, Paul and Henry, with one an- ether and the prosecution puts forth its questions concerning the alleged pur- chase of the gun by Paul and it's sup posed transfer to Henry.
 Another tale of a mysterious man with a shotgun was introduced today by F. K. Clements. He declared the man had a "whitish" beard, thereby adding a third variety of color to the sandy and strag- fvJx, an VI al 1x taJ to by other witnesses to have covere the face of the mysterious man. On cross-examination Prosecutor Wendenl erg Arew forth the admission that 1t was not an unusual sight to see man with d gun on his shoulders during the hunting season or after it's close when rabbits were plentiful in the Surrounding woods. Interesting testimony was presented by William H. Sampson, chum of the ac- cused, and his companion in many pre- nuptial hours of dissipation. He declared Beattie never really loved the Binford girl, but when their relations were ''ac- cidently renewed'' shortly before the nlur- der it was merely passing escapade.
 Charles H. Kestleberg, wholesale meat merchant of Richmond. gave an ac- count of a motor ride he had taken oil the Midlothian turnpike on the night of the murder, and presented information,
 
 that Mrs. Beattie was standing either ( n the running board of the machine or in the road when she was killed. He testi- fled that the woman with him occupied such position on the running board when he stopped his machine to fix it. and when a machine load of boys who already have testified for the commonwealth, passed him.
 Just before court closed today Judge r.,f ,fr<xr& fl, .ff fensc to take the prisoner to Richmond to- night MT. Smith said he wanted to con fer with the accused all day tomorrow to show him list of questions to be asked on direct examination Monday. Mr. Smith said it would be more convenient for him to talk with Beattie at the city jail there than in Chesterfield jail
 Judge Watson. in a courteous reply. regretted that he could not oblige Mir, Smith because people in Richmond lad complained to him of the spectacle which had been made by the prisoner being taken in an automobile in the streets where crowds invariably gathered Mir. Smith did not press the point.
 kcstleberg Appears Charles Kestleberg of Richmond, the mysterious witness whose discovery caused counsel for the defense in the Beattie trial to interrupt It's exami- nation of witnesses for nearly an hour.
 CONTINUED ON PAGn D VI ,t ' T M. s.t 4tf f & l j.. 2. t- ls 1s s|tf