The Washington times., 1911-09-07
LAWYERS
PLEAD WITH JURY
Prosecutor Declares Richmond Youth Committed Wife
Murder, and That Beulah Binford Was Mo-
tive in Case
CONTINUED from First Page.)

out the accused as the perpetrator OF
that rtme, then You should find him
guilty.
But the burden is upon the Common
wealth to prove beyond a reasonable
doubt that the deceased was killed by
the accused In the manner and by the
means charged In the indictment.
And the law presumes every person
Is charged with crime to be innocent
until his guilt is established by the
Commonwealth beyond a reasonable
doubt, and this presumption of tnno-
cence goes with the accused through
the entire case.
"A reasonable doubt in the meaning
OF the law Is such a doubt as would
cause a. reasonable and prudent man,
| in the graver anr more important af-
fairs of life, to pause and hesitate be-
fore acting upon the truth OF the mat
ter charged or alleged.
Basis for Acquittal.
Upon the trial of. this case, II a
reasonable doubt of a fact necessary
to establish the guilt of the accused as
| charged in the indictment be raised by
the evidence, or lack of evidence, such
doubt is decisive, and the Jury must
acquit the accused (since a verdict Of
| Not guilty means no more than that
| the guilt Of the accused has not been
established in the precise, specific, and
narrow form prescribed by law)
| case, there is any reasonable hypoth-
| esis consistent with the innocence of
the accused the jury must find him not
guilty.
"Circumstantial evidence, II 1t be of
such weight and character as to eN-
clude every hypothesis other than that
| the accused is guilty, is entitled to the
same credit as direct and positive tes-
| Hmony."
Former Judge James M. Gregory,
Commonwealth attorney of Chesterfield
! county, then began his addI ess to the
jury, starting as soon as the court
had finished. Judge Gregory had not
seated himself after entering the court
gin as soon as Judge Watson finished.
Judge Gregory began with tribute
to the Richmond police and Detectives
FARRELL and Flynn, of Chesterfield
May it please the judge and gentle
men of the jury before / proceed in
this, l wish to speak of the duty I
owe to the people of my native county
do above board and with every feel
ing of regard.
THE facts and circumstances in this
case could not have been brought to
sistance rendered by the police of Rich
mond and the county detectives Of Ches-
terrified county"
Turning to the jury, the lawyer now
SAID IN most impressive tones.
When you took your Seats" began
Judge Gregory, you swore To well and
truly try the issue Joined between the
law and the prisoner at the bar, and a
true verdict rendered according to the
law and the evidence, so help you God.
Circumstances of Murder.
Solemnly Judge Gregory then repeated
the oath to which the jury had sworn.
Then he quoted from Epistle of st.
Jehn.
I'm the beginning was the word, and
the word was God"
"They have never been and will never
The record of this case shows that
on the night of July Is, thoroughfere
of this county was stained with the
blood of defenseless woman, slain by
on the roadside poured the blood of
this unhappy woman, staining the
highway a shameful crimson. That
was enough to shock the mind of every
citizen of this country.
Il wish to show you gentlemen Of
the jury that no other man did, no
other man could have done this bloody
deed.
the time this deed was done no man
had been seen near this spot. And,
therefore, since no other man has been
seen near this spot, we will show that
this was the man who did the deed,
and that was the gun with which this
awful deed was done"
"Beattie could have seen the mythical
man before he says he did, and he did
see the road, and there was no man
there to fire that gun besides HIM
SELL" added Judge Gregory.
Remember what bright, big lights
were on the front Of Beattie's auto
mobile. He said he did not see the man
coming out of the road from one side,
n sefo 81 he anil
man who has been seen In front Of that
machine was the prisoner at the bar.
No man came out of the forest on either
side.
Only Man on Road.
"Beattie was the only man on the |
road that night. Beattie, the prisoner
at the bar-here he is" cried Judge |
Gregory. who was shaking an accusing |
finger in Beattie's direction. Judge |
Gregory was but four or. five feet from |
the prisoner. at the time
Judge Gregory made today the effort |
of his life in his address, Nand his ter |
rifle earnestness was impressive. >,
he continued. |
Mr.. Patton is a man whose virtue |
cannot be excelled by any person. He |
goes to the Vscene and condoled with |
him. They handle the gun together |
L
the gun that did the deed, and up to |
now there has been no effort to remove |
this description of the gun.
Now, in connection with that, see |
how conclusive it is that the prisoner |
was the only one who could have done |
the deed, because he told Major Patton |
that the man had run through the |
woods But that mythical man left no |
trail in the woods Why not? Because |
myths and fables leave no foot prints"
Denounced Kastelberg.
Now / speak of Kastelburg," Judge |
Gregory shouted. Believe IL you can
the testimony of a man who goes on |
a drunken spree and takes out a woman |
"a woman in white, but with character |
as black as the deed of that dark night. |
IF this woman had been similarly |
clad; IL the machine had been the same /
machine; If the car had been standing |
in the same place, It might have been |
some palliating evidence. But this ma
chine was not within half a mile of |
the scene. This is not conclusive hi
dence, gentlemen. It's not evidence at
ALL"
None Of the descriptions of the dark
bearded stranger who ii is said did the
deed, are conclusive evidence. They /
he saw this man. They bring a sick |
woman to tell that she saw him. They
bring others who say they saw him; but |
all tell a different tale. The time don't
man don't fit"
Judge Gregory now hit Mr.. Kastel-
berg again.