The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-23

Al
the previous possession of the slayer
without any provoca ton, or even with
sHSht provocation, is prlna facie will
iui. deliberate and prcmeditated kill
ing. and throws upon the prisoner the
necessity of showing eXtenuating cir.
cumstances. 1t is not necessary tina,
the intention to kill should exist any
particular length of time prior to tn.
actual killing. 1t is only necessary
that such intention should como into
existence for the first time at the mo
ment OF the killing or any time pre-
viously.
Mus; Convince Twelve.
finaliN. 1t must be remembered that
the defense will have to convince not
one mind but twelve, and the law viii
go so far us to charge each jurymap
that he must steadfastiy adhere to his
own convictions. regardless of how any
OF all OF the others may think.
ON this point che court in the McCue
case quoted often above said
upon the trial of Il criminal case
by jury the law contemplates the con-
ourFehce of twelve minds in the CON
ciusion OF guilt before Il conviction
can be had. Each individual Juror
must be satisfied beyond a reasonable
doubt OF the Defendants guilt before
ne can, under lis oath, consent to n
verdict OF guilty. Each juror should
feel the responsibility resting upon him
as member of the jury. and should
reaiiIe mat his own mind must be con-
NiHesu beyond = reasonable doubt Of
ths defendants guilt before he can con-
sent to q verdict of guilty Therefore
II any individual member of the iur,.
after having duly considered all of the
eNiuehce, and after consultation win
ms fellow-jurors, should entertain
reasonable doubt of the defendants
quit 1t is his duty not to surrender
ms own convictions simply because tho
balance of the jury entertains different
convictions. Not only is this true
Win respect to the guilt of the ac.
cuSed, but it is likewise true with re-
spect TO the degree of the crime"
Opinions Already Formed.
II mas been suggested that because
several OF the prospective jurymen in
.he seattle case have evidently formed
tentative opinions. which, however. vii,
ne subject TO modification by the law
anu the evidence. as later defined and
y, esehteo' a gloomy prospect offers for
@ NsieHse' rms is not necessarily
true. y cons -ientious man; with an
opinion which he knows must nor ~.
aliowed IN any way TO influence his
maj judgment Will. as often as NOT.
mako inc best of jurors from the nris
ouei viewpoint. The very fact of tho
''ehce OF such an opinion VIII cause
MN OFTEN 10 exert a degree of c.ro
even greater than would have besp tho
iiu no such consideration entered
tse' ii 1t be assumed that an
ohth means nothing and that nase,ons
Will dominate intellect and copsot.'
ankle, the issue is determined In -
vance. But something must h. ~
eeueo 10 inc good that In humanity lies
anu 10 the inherent desire in ali -,
sive every dog his due.
Judge said one Chesterfield farm
pri imp ,npuisixely and earnestly. this
Should have n . fsi for his life. and no
papers, and have. OF course Tar me
1 .S sort OF opinion. But l can law III
box" e"'er the jury
ihat man is on the jury II ,s on,,.
s u 10 say however, that he is the
o'eet oil an exception by the defensa
Stnte Satisfied
30 much the law will do TO- p...
oeiore he even enters the cour,roon,.
he Is the affair of himself ana
ne counsel and as TO this the coming
vs., a'ohe can speak with authority.
III the meantime the prosecutors -
showing no fear. The announoad ,,a,
Witnesses Tor the defense sent M
CONSERVATION into the opposite camn
ehdenburS and Scherer. indefau~a
uie as ever. are working hand 80
hand tightening every loose coo ~
SHOWS itself. They see In the nres-
ent situation nothing to alter their
nenel that the Commemorative case
Is secure. Tho important Witness Syd-
nor denies vehemently that he 10.
turned turtle and declares that sun,o
inoned by whatever side he viii to1,
the truth. What this truth is conno,
DC dehnitely said The State looks
TO him to connect Beattie with tho
crime more closely than any other
witness. with tho possible execution
OF the prisoners accusing cousin. Paul
why ne should have been included in
the list for the defense Is not known
Around Paul the battle win rare
and how he will fare at the hands of
the trained lawyers who are DELHI
erately laying his path with pitfalls
is the subject of many speculative
moment just now. In contest of
nimble wits he may not pass unscath-
ed. Upon him much will depend. The
bihtord woman is ar enigma as yet
thoush she has filled many columns of
newspaper space. Nobody knows on
which side she will finally be found.
The Motive.
Serious attention is being given nv
many to the much discussed motive
and here II anywhere is a weak link
IN the rather staggering mass of evil
dence assembled by the Common
wealth. 1t would seem that no ordi-
nary impulse could move the hand OF
husband against the mother of his
newborn child and yet the considera-
lions that were claimed at first to
have led Henry Beattie to do his
young wife to death are essentially
ordinary and commonplace-nothi
more than the enjoyment of an Illicit
association that had already existed
several years, and that apparently
could have continued to exist indef-
nitely had he SO chosen and exercised
even the most ordinary care in COW
ering his tracks. Nobody-or at least
few--ever suspected him of being a
model Of virtue: he admits this much
himself. He had no lmma culate stand
ard to support. A few devIations from
the STRAIGHT and NARROW neth which