The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-09

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sentiment Greatly he deplored and
severely condemned the failure of the
Commonwealth attorney to present
( the states case In fun, leaving TO the
defense much as u mere matter Of
surmise. In every trial, civil or Grim
inal, he declared. IL was customary for
the opening address to set forth in fun
the whole argument from the view
point of the prosecution. in order that
the other side might be in position TO
meet the charge. But here the State
had sidestepped and apparently was
deliberately holding for Its las: WORD
several important features having n
I direct bearing on the issue Such tao
tics left the defense at a great disad-
vantage and forced It TO tight in the
dark. Particular reference was made
10 the testimony OF the Chesterfield
dairyman and the supposed theory that
the prisoner went early TO the scene
OF the crime, the bette@ to prepare for
the murder of few hours later
Great emphasis was laid by Mr..
smith upon some of the instructions to
the jury Evidently counsel were de-
termined to make the most Of the safe
guards thrown around the prisoner,
pounding steadily into the jury the ele-
mentary principles pronounced by the
court. Much was said OF the right OF
=
nocence until proven guilty: of the bur-
den upon the Commonwealth. not borne
BY the defense; OF the value of evil
( dence OF good character in the deter
mination OF the question of malice: OF
! the intelligence OF the prisoner and
the absurdity and folly of the crime
] OF the absence OF motive; of the dam
gers of circumstantial evidence; of the
prisoners just claim TO the advantage
of every doubt; of the mercy that
should temper the law
InconceivnbIe, He snys.
Upon two points touching the mind
and manners of his client. Mr. Smith
spoke at length. Henry Beattie, what
ever else, was man OF good educa
tion and OF exceptional native inteili-
gence. he declared. Even the merci-
less and heartless cross mination
by the States attorney had failed ut
terly to shake him. and yet the the
Dry of the Commonwealth would make
of this man of intelligence a Ounce and
an idiot in the bungiing preparation or
this brutal scheme OF murder" But
that was not all. 1t had been shown
beyond all question that the prisoner
was not only an educated and intelli-
gent man, but an "amia BILE and kindly"
man. And yet here again the theory
of the Commonwealth would make OF
him the most morstrous brute In all
/ the annals OF crime"
Applying these two circumstances,
Mr.. Smith went on to point out tho
; absurdities of the States case. that
! made 1t impossible to connect 1t with
man of intelligence. OF the charac
ter of Henry Beattie he spoke with
great certainty. challenging contradic-
ton from any Side-"a gentle, affection
"a a
and loyal companion, kindly friend. in
telligent and successful man of affairs"
Not all the activity of those human
bloodhounds," the detectives. could
shake the defense here, he declared.
! With his hand resting OH the boys
shoulder. Mr. Smith asserted boldly
that Henry Beattie stood revealed be-
fore al as Q ,".-uthsul and kindly
man." and he defied any person 10
prove 1t otherwise. With this true, It
was Uncomfortable, he believed, that
Henry Beattie conceived crime that
for brutality outclassed all the Bor-
gias of ancient Rome. slept on 1t, car
/ ried 1t in his brain, Rugged It to his
breast through day and night, while
the innocent, unsuspecting ones moved
about him. Impossible, gentlemen.
If he did this thing. no fouler fend
exists in hell But look ct him. gen
tieHieH. linposslple, say lnconcelV-
a BILE"
Attacks States Case.
Proceeding, Mr.. Smith dissected the
whole body of tho evidence and the
law. taking up feature after feature
and ripping II to pieces as far as he
could. AS a general thing. witnesses
, for the prosecution, he declared had
tried to tell the truth. There had been
| among them no purpose to mfsrepresent
| and no evidence of bad motive. They
have simply been mistaken. and We
will prove beyond doubt that they
were mistaken
Particular reference was made by Mr..
Smith TO the testimony OF Tom Owen,
| uncle of the dead girl. proudly / say
OF my old friend that I have never
seen fairer man in the witness chair.
would willingly rest MY case here
and now on his TESTIMONY. I offer to
do It."
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