Smyrna times., 1911-09-06
JOY Rider TAKEN
FOR BEATTIE
Defence in Murder Trial Gets
New Witness.
SCORES A STRONG POINT

Richmond Butcher Testifies That Boys
Mistook Him and a Woman For Ae-
cused and His Wife.
One of the strange episodes of the
trial for murder of Henry Clay Beat
tie, Jr., at Chesterfield Court Mouse,
Va, is the predicament of Charles H.
Kestelberg, who testified
Kestelberg asked Attorney Smith,
of the defense, to smooth over his diff |
ficulties by talking with his wife as to |
the necessity for giving the testimony |
he did.
''My wife weighs nearly 300 pounds"
said Kestelberg, "and l don't know
what effect the expose will have on
her. simply had to tell what l knew,
however, after those boys had testi-
fed and l did so without regard to the
consequences for me-"
Kestelberg, a butcher, and the
mysterious" witness developed Fri
day in the case, by his reluctant testi-
mony, shattered the theory of the
prosecution that Mrs. Beattie had been
slain while standing on the running
board of the Beattie automobile. A
party of joyriding boys had seen an
other autoing couple on the road the
night of the murder, the man cranking
the machine, the woman standing on
the running board. Kestelberg said
he was that man.
"Who was the lady?" he was asked.
81 don't know, but have been try
ing to find out"
"Why?"
81 thought you would want her to
testify"
''Then you wanted to mix her up in
the case and not yourself?"
mo. l wanted her to substantiate
testify"
How was the woman dressed?"
"In white. She had one of those
mushroom hats on"
What size wOman?"
About 195 pounds"
where did you unload this little
encumbrance when you reached Rich
mond?"
cat Broad street"
did any one see you?"
81 hope not"
"How did you come to meet the
lady?"
well, I..lAA an automobile and 1
asked her TO take a ride"
A group Of boys testified for the
state that they saw such an incident
and described the man and woman as
resembling Beattie and his wife and
the car as one like Beattie's.
Based on this incident, the prosecu'
ton has built up its case with the
theory that Mrs. Beattie was shot, not
while sitting in the machine beside
her husband, as the latter alleges, but
as she was standing either on the
running board or on the road, the bis
blood spot resulting from her fall OF
the turnpike.
But it also became known in ;
roundabout way that should this wit
ness be forced through subpoena t.
take the stand for the defense SOM
high explosives for Beattie's cas-
might be touched off by the common
wealth's cross-examination.
In the first place the witness ha
reasons for not wanting to be brough
into the case; only the most assiduou
efforts by Beattie's lawyers have III
covered his name and knowledge c
the facts he is said to possess.
A far more serious reason why thi
unknown should have to be handle
with gloves by the defense is said
be that should he be asked by tn
prosecution, he would testify tina
aside from being mistaken for Bea
tie on the night of the murder, he ha
passed Beattie in his machine, ha
recognized Beattie and that he hs
seen a woman and another man in Il
car beside Beattie himself
Would Destroy Evidence.
All of the session, with the exec
ton of a short time during whi'
character witnesses were examine
was given over to the testimony
Douglas Beattie. He made a good W
ness on direct examination, but W
trapped in to a dangerous admissi
on cross-examination. Then he fiat
declared that if he had known the ;
tomobile was to be used as eviden
against his brother he would ha
washed away every VeSJlge OF DlOo
Judge Watson interrupted to ha
the witness repeat this admissi
which he did with some heat. La
he admitted that he had taken m
sage from his brother to Beulah E
ford in the Henrico county jail, C
tioning her against talking.
There is apparently no doubt
what Beattie will tell on the with
stand. He will relate, with a wea
of detail, his original account OF
bearded stranger suddenly stopp
Beattie's automobile on the road, a
ing a shotgun at Beattie himself,
pouring the entire charge Of the v
pom into the head of Mrs. Beattie
she sat on the front seat Of the
chine.
Then will come the supreme
the crucial moment Of the entire Il