New-York tribune., 1911-09-02
OLDER BROTHER TESTIFIES
Says He Would Have Destroyed
Evidence Had He Known It
Was to Have Been Used
Falsely Against Henry.

examination of the prisoner also could
be finished to-rnorrow. and ii was oh,
vious that the defence wished 70 have
the prisoner rest over Sunday before the
attack upon him by the prosecution
could be begun. Thomas Hancock. one
Of the jurors, however. spoke up in a
Tlaintive voice TO the court saying
please consider us. Judge" and the
court Immediately asked Henry NJ
Smith. jr.. counsel for the defence, how
many more witnesses he would intro
duce.
Just a few more" said Mr. Smith
But We will surely close our case to-
morrow by placing the prisoner on the
stand"
Judge Watson announced that he
would hold court later than usual to-
morrow evening IL necessary TO finish
the case, but an agreement was reached
TO suspend judgment as to holding the
night session until the testimony of the
accused had been presented. Court will
be delayed in the morning by the taking
Of deposition from Mrs. VI. c. Steger
who IS i'll at her home near the scene OF
the crime, and who. it is claimed saw
the alleged bearded highwayman prowl-
Ing around the day of the murder.
Testimony to-day was perfunctory in
its character. Several women friends OF
the accused and his dead wife testified
that the couple lived happily together.
New Witness Discovered.
Except for the impromptu admission Of
Douglas Beattie. a brother of the ac-
cused that he would have destroyed evil
dences Of the murder had he known that
his brother was 10 be charged with the
crime the most interesting development
OF the day was the discovery OF a wit
ness by the defence Joseph Casselberg,
OF Richmond.
Casselberg, II has been rumored for
some time, has had a mysterious knowl-
edge of the case. He is reported 10 have
been on the Midlothian turnpike with
another person about the same time tnat
the murder occurred, and is supposed TO
be the man who stopped 10 crank mis-
machine and was seen by the group Of
boys on their way from the dance a.
Bon Air II he is called as a witness
and admits that he had stopped to fix
his machine at the point where the boys
say they saw the car with a woman on
the running board and a man in front
Of il, the defence considers this would
cCntrovert much Of the testimony tend
ing 10 show that Mrs. Beattie was shot
while on the running board and not in
the car seat. as her husband alleges.
1t was rumored tonight, however. that
the defence may not call Casselberg. be-
cause OF conflicting reports concerning
his probable testimony.
Auto Experts Testify for Defence.
The question OF whether Mrs. Beattie
was shot while standing on the running
board or In the road, or. as her husband
insists, while she sat in the front seat
20 the left OF him, again was raised TO-
day, when several automobile experts
testified that large pool Of blood, such
as was found al the scene of the crime
could have trickled through the machin-
cry Of the car and flowed from the drip
pan underneath TO the ground. The
testimony OF the automobile experts was
in line with the contention also that
blood dripped from the machine In many
places from the scene of the crime 10 the
owen home in Richmond. where the
young husband took his dead wife.
Will Contradict Paul's Evidence.
The defence introduced a score Of wit
nesses to attack various other details in
the evidence of the prosecution, and to-
morrow il is expected the prisoner will
make emphatic contradiction of his
cousin Paul's entire testimony, clinging
10 his story at the Coroner's inquest that
a bearded highwayman murdered his
wife and that he took no part in a trans
action concerning the purchase Of the
shotgun.
The prisoner was more cheerful at the
end Of to-day's discussion than he has
been for some time. AS each OF his five
women friends who testified entered the
courtroom he smiled and greeted them
warmly. His gray haired father, who
sat beside him. escorted each 20 the wit
ness chair, and when Hazel Beattie. his
daughter took the stand TO testify 10
Henrys pleasant home life the aged
parent bent over and kissed the young
girl as she stepped 10 the witness chair.
The defence first introduced some char
acter witnesses 10 continue the testimony
begun yesterday 10 show the good reputa-
tion OF the prisoner as we'll as that OF
z. II. Neblitt. whose testimony presented
an important contradiction TO Paul Beat
ties story OF the time OF delivery of the
gun 10 Henry The commonwealth waived
cross-examination Of the character wit.
nesses.
Prisoners Brother Testifies.
Douglas Beattie. an Older brother Of the
prisoner. then took the stand. His exami.
nation was as follows:
"wilI YOU explain the relations OF Henry
and his Wife" asked Henry VI. Smith, tr.
FOR the defence. from the time they were
married. since they lived in your home
Perfectly happy"
How did he greet her when he met hei
or departed from her
He always kissed her the few times
saw him greet hef. -.
u went away earlier and came hom.
t,ter usually thar Henry. but the time,
did sec them they kissed.
What was your hrst intimation Of III,
"a phone message from Or Mercer
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