Omaha daily bee., 1911-08-26


Detectives wiltshire and wrenn who testi-
fled yesterday afternoon. farrell vas put
on the stand 10 complete for the prosecu-
ton the description of the scene Of the
crime the prisoners description and story
Of the bearded highwayman.
! Court convened at 1890 o'clock. The
crowd was even larger than yesterday and
hundreds gathered about the yard TO catch
a glimpse OF Paul Beattie, the common
wealth's chief witness. The prisoner was
dressed in a neat blue suit, having dis.
carded the gray one he had worn hereto
|, fore,
Defense Loses Two Points.
Before any witnesses we're called H. NJ.
Smith jr., for the defense, objected to the
introduction yesterday Of Beattie's letter to
Bulah Binford, identified by the prisoner at
the coroner's inquest. As Beattie was not
then under arrest the defense cited ruling
barring the use at the trial of testimony not
in the defendants own behalf and given by
him while witness previously.
! Notwithstanding Mr.. Smiths argument
the court ruled that the letter should not
be excluded.
Hill Carter, for the defense. then took up
the point that the indictment against Beat
tie refers to a wound in Louise Beattie' 5
face" rather than TO the skull or brain
and that all testimony relating to q wound
other than in the face should be excluded.
But the court held that inasmuch as the
indictment specified penetration OF the face
there was no ground for sustaining defense's
contention.
Detective Describes Scene of Crime.
Detective farrell, called to the stand, re-
lated the prisoners story OF the roadway
encounter and testified that Beattie said
his wife's assailant ran into the woods
Thomas owen, Besttie's uncle-in-law, testi-
fled that the defendant had told him that
the man ran UP the road.
The prosecution Offered a map of the
scene of the crime on the Midlothian turn
pike the defense Immediately Directing to
! its Introduction. farrell was asked to de-
scribe where the blood spot was found.
About in the center of the road"
How far from the left hand running
| board OF the carr"
About twelve or eighteen inches"
WAS II possible for a human being in
the car -"
I'VE object" cried the defense and the
objection was sustained.
Counsel asked the witness If there was
any blood on the gun found near the scene
| of the crime.
I ISS' lHeTS was SdlO JaTfell.
In describing the bloody car the witness
took the view Of Detectives wiltshire and
Wrenn, who testified yesterday that blood
could not have run through the machine to
the ground.
Did you see the accused weep on the
night Of the murder?"
NO, sir. 1 did not"
The court cautioned the witness 70 ex-
press no opinion as to Beauties grief but
to relate simply what he saw
Hounds Fail to Find scent.
Major James D. Patton of Richmond, who
went to the scene on the day following the
murder with bloodhounds. testified that the
dogs failed to take any scent Of the alleged
bearded highwayman. He told Beattie's
version of the encounter. which differed
but slightly from the accounts previously
testified to. There was no blood on the
gun, he said. Beattie had told him that
he was not sure whether the man fled along
the road or through the woods N w
Sydnor of Richmond, who took a second
set of bloodhounds to the scene followed
Major Patton on the stand.
\ Did GU find any footprints in the
ditch along the road?"
Yes, sir, there were three. pretty close
and to the west side of a stump"
Did you talk with the accused2"
The witness said he did. He related
Beattie's account of how his wife was
killed. saying that Beattie had told him
that the assailant fired from the right
Other witnesses had testified that the man
stood on the left.
cross-examined by the defense, Sydnol
B said he had examined the stump and tracks
; but the tracks might have been made by
!
ings.
Did you examine 'Beattie's shoulder to
see il there was any bruise that nLght
have been made by the kick Of a gum
Yes, sir. l did and found no marks u
said sydnor
Negroes Finds Gun.
: Mandy Alexander, an old negress, was
then called TO testif as to the finding OF
the gun.
: She was dressed in blue calico and wore
big straw hat Bsattie eyed her closely
and smiled.
: did you find a gun on the railroad
tracks near where Mrs. Beattie was muir
I dered?"
yes. STR" said Mandy, with a drawl
about or o'clock in the morning aftel
the murder"
The gun was handed 10 her and she iden
t titled It.
! She related how she had met T. P. Petit
I grew. a white farmer. and mad told him o.
E her find.
+ Jerry Reynolds. a negro. told of pickinl
= up the gun after Mandy had gone, bu
o soon met Pettigrew and turned il over 4
+ him. The negro Identified the gun
n CToss-quesuoned by the defense, Jerr,
D., said he had seen no automobile tracks neal
the spot where he picked up the gun
Beattie's story is that he tore the weapon
4 from the highwaymans grasp and threw
Y IL into the back part of the automobile
L.. ..