Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-09-08
Theory Not Disclosed.


who opened the case for the common
wealth We do not Yet know the theory
of the prosecution. He who closes for
the commonwealth. therefore, has dis
tinct advantage in weaving together
theories from facts we have not known.
What can have been the purpose of Mr..
Sydnor's testimony that he saw a young
man alone on the Midlothian turnpike
early ON the evening of the tragedy: Ii
must be that they think the accused
went to the stump they have talked
about and placed the gun there few
hours before the crime. But here Is a
man of intelligence, who on the witness
stand must have impressed you. "A man
of kind disposition, and yet they want
you To believe that he prepared in this
laundering fashion for the crime, a more
hellish and british has seldom been
heard Of
Mr.. Smith dwelt at length on the ques-
ton OF reasonable doubt. reieading the
Instructions to the jury on this point.
1t Is nconceiNable. lie added, that
this young man could tor three days
live in the same house with his dear
father and loving family. could kiss them
each night, with this terrible crime on
his mind Its uncomfortable, gentlemen.
Human Life at Stake.
In taking away a human life YOU are
face 10 face with God Almighty and UNI
less you are convinced TO a moral GER
tainty that this young man committed
this dastardy crime YOU must of ncces-
sity bring i'll a verdict of not guilty.
You have been shown the dangers of
Circumstantial evidence, but ] will show
YOU that the accused must have been
only d laundering idiot to have COM
United the murder. For he then picked
out much Travelled road where every
body could see him. In full view he hides
we'll "a if he
thought out and planned this crime
why, can YOU tell me, should he have
used shotgun when a pistol. easily
procured and easily concealed without
taking anybody into his confidence, could
have been used?'
Other Lives at Stake.
Gentlemen, there is more than one hui
man life at stake-not only the life of
this young man, but that gray-haired
father. the future of the brother and
the good name of sister. They all APP
peal TO you. acknowledged, to give them
the benefit OF the doubt And / want To
say here what l am glad to say of an
old friend. that | would be glad to rest
this case on the testimony of Tom Owen.
uncle of the dead woman, who was the
faireSt man j ever saw on the witness
stand. And Tom owen was the first per
son TO whom this boy opened his lips
when he brought in his dead wife Gen
tlemen. if there were any discrepancies
in his story they would have appeared
then, and ! offer to rest your Judgment
with that testimony alone.
Our mail has been flooded, said Mr..
Smith. with newspaper clippings and let
ters of people from all over the United
States telling of the dangers of circuin-
5tantial evidence.
4 don't think YOU should have men
TONED that" interjected Prosecutor Wen
1enburg
Well, if it was wrong. | hope his honor
will rule it out for | want to secure
your verdict only by fair and rightful
means.
Mr. Smith then closely reviewed the
evidence with particular stress on the
reluctantly given testimony of Kestleberg
a. indicating the danger of circumstan-
tial evidence
Need Not Believe All.
II don't ask YOU" said Mr.. Smith, TO
believe all the testimony Of kestelbers.
i don't ask you 10 believe that he didn't
know the woman he was with that night
lie said that To save trouble in two
homes: but what YOU must believe is that
il his car and not Henry Beattie's
which the boys saw
CharacteriZing Paul Beattie as moral
wreck" the lawyer held up the testi-
mony of the cousin as influenced by
stronger minded detectives.
We do not believe that Paul Beattie
was guilty of this crime. The question
Las proba bly, occurred IL YOU as to what
our theory is. Bur the instructions dis
tinctly point ont that IL is not necessary
for Us To locate the criminal agent II
isn't our duty to do IL. Suppose Paul
Bedttie did buy that gun to use on Mayo's
bridge, suppose Nebliit is telling the
truth and Paul Beattie did have a gun in
the Cei2ent house Sunday morning
suppose that gun was stolen by some
tramp and the tramp killed Mrs Beattie
and suppose that Paul Beattie was 14fra id
20 tell thai story for fear that the crime
would he fastened on him-I ask YOU
does that not seem good reason for
the Shifting of the burden by this weak
ling. Paul Beattie?'