Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-08-25
Attempt to Exclude Tes-
timony on Wound is
Blocked by Court.
PHYSICIANS HEARD
Detectives Story Indicates AC,
CuSed Was Confused After
Murder of His Wife,

Chesterfield Court House, Va,
Aug. 25.-The crowd was even larg-
er than yesterday when the Beattie
trial was resumed today. The at
tempt of the defense to exclude tes-
timony relating to the wound other
than in the face, because the indict-
ment against Beattie refers to a
wound in Louise Beattie's face"
rather than the skull or brain, was
blocked by the court.
HOUNDS FAILED TO GET TRAIL.
George farrell, a detective, relat-
ed the prisoners story of the road
way encounter; that Beattie said his
wife's assailant ran into the woods
Thomas Owen. Beatties uncle-in-
law, testified yesterday the defendant
told him the man ran up the road.
Major Patton OF Richmond testified
that his bloodhounds failed to take
any scent of the alleged bearded
highwayman.
TELL OF GUNSHOT WOUND.
Yesterday afternoon DR.. Herbert
Mann, DR.. Wilbur Mercer and Coro-
ner J. b. Loving had each gone on
first witnesses to establish the corpus
deficit, after the necessary custom of
homicide trials. Each had testified
as to the nature of the gunshot
wound in Mrs Beattie's left cheek.
which thsy had examined. They had
.said-thatt the--wosRa was as large as
a half dollar and that 1t extended
through the cheek and into the skull
and that the back of the skull. al
most on a direct line with the enter
ing wound. was smashed.
When they had finished. Harry j.
Smith, Beattie's chief counsel asked
the clerk TO let him see the indict-
ment which had been drawn against
Beattie by the grand jury of Chester
field county under the direction of
Commonwealth Attorney James NJ.
Gregory. with the document In his
hands. Smith and his brother coun-
sci put their heads together for five
minutes. Then Attorney Smith arose
to address the court on this remark
able, proposition:
MOVES TO STRIKE TESTIMONY.
The Indictment read that Harry
Clay Beattie. Jr., had fired off and
exploded a gun causing the charge
to strike the face of Louise Owen
Beattie, etc, but Il did not say any
thing about the charge having been
caused TO go farther than the face
of said Louise owen Beattie and
into her skull. On this ground Smith
moved the court that all the testi-
mony of the doctors appertaining tC
the hole In the murdered woman
skull be stricken out as irrelevant
and immaterial.
Smith then asked Coroner Loving,
who happened TO be on the stand and
who is Il physician. If he were will
ing TO swear that a charge Of shot
entering the cheek Of a person aud
no farther in the manner set forth
in the indictment would be capable
of causing death. DR.. Loving admit
ted that II probably would not.
TAKEN UNDER AMUSEMENT.
For a minute those I'm the court
room did not realize that Beattie's
lawyer had uncovered a dangerous
pitfall for the prosecution. Judge
Watson ran his hand through his
hair once or twice and then said that
he would take Attorney Smiths mo-
tion under adyisement.
The fact Of the matter r.. according
70 lawyers who were spectators at
the trial this afternoon that Smith
has raised a dangerous technicality.
Though the Indictment declares that
this gunshot wound in Mrs Bcattie's
Continued on Page seven.)