New-York tribune., 1911-09-07
MAN SAYS HE SAW
MRS. BEATT|E KILLED
Writes to Prosecutor Wenden-
burg He Was an Eye Wit
ness to the Tragedy.
WOMAN STRUCK WITH GUN
Then. Writer of Letter Declares,
He Heard the Report of a
Gun-Lived Near Scene
of the Shooting.


Of the Shooting.
Richmond. Va. Sept 6.--All plans ~
the prosecution in the case ~ Henry
Clay Beattle. on trial for the murder ~
his wife. NAY be changed as the result
OF letter received tonight oy Com
monwealth's Attorney wendenburg from
a man who claims TO have been an eve
witness 70 the killing Of Louise owen
Beattie Mr.. wendenburg states that he
may ask the court tomorrow 10 reopen
the case for the introduction OF the new
evidence before the final addresses IN
the jury.
Mr. wendenburg refused 70 divulge
the name Of the alleged eye witness. but
said investigation to-day had proved
that the man had been employed as
farm hand near the scene Of the crime.
In his letter the man says he saw an
automobile stop and heard a man and
woman quarrellng. Then the man at
tackled the woman with the stock of
shotgun. he declared, and this was fol
lowed by the report of gun.
Numerous letters have been received
by the commonwealth from persons
claiming TO have witnessed the murder,
but none ~ them has been given such
serious consideration by the prosecutor
as this.
Counsel Confer with Judge.
While counsel for both sidess con-
ferred with Judge William A. Watson
here to-day concerning the legal
basis fo- the arguments tomorrow at
Chesterfield Courthouse, detectives Cor
the, commonwealth investigated charge
that Beulsh Binford. the so-called giri
IN the case, was an accessory before the
| fact.
The prosecution applied to Judge Wat
son 10 delay the release OF the girl from
custody at least until tomorrow. Judge
Watson was informed that if the in
Vestigation was successful Beulah Bin
ford might be arrested and indicted as
an accessory.
Judge Watson to-day received a tele-
]
that Paul Beattie, a cousin Of Henry, be
indicted as an accessory. the Chicagoan
declaring he would come to Chesterfield
Courthouse TO testify if it were go de-
sired
Detective L. L. Scherer who has been
prominent in working up the case OF the
prosecution, tonight repudated any
such purpose as to Beattie. but said that
the investigation as to Beulah Binford
had not been finished.
II do not attach much Importance TO
it," said Scherer tonight. "and il is
quite probable that Miss Binford will be
released tomorrow Yet we are work
ing on the information received. and will
continue 70 do so regardless OF her re-
lease tomorrow or the verdict in the
case"
lrrtated Because Not Called in Case.
| Detective Scherer made this statement
Immediately after leaving the cou.. =
Jail tonight. where he talked with Beu-
lah Binford. The latter fretted at her
long detention. and accused the prosecu-
tion Of connivance in preventing her
from testifying. because they knew she
could get bigger contract on the stage"
| II she had been allowed 70 take the stand.
When she learned Of the investigation
made to-day she was greatly irritated.
as she had hoped TO gain her freedom to-
morrow. The report on which the in
vestigation was based came first in a
telegram from the West, which alleged
that Beulah had knowledge OF plans tcr
the tragedy.
In jail to-day Miss Bnford on learn
ing that Henry c. Beattie, jr. had de-
cared he hoped 10 eat dinner with his
family on Sunday next, exclaimed:
I'D give million dollars 10 see him
do it,"
The argument over.the instructions -
be given 10 the jury occupied three hours
to-day. The instructions are brief and
will not be made public until delivered
| 10 the jury tomorrow. They are sim
| liar, however, 10 those given in the ia
NOUS murder case against Mayor Nc
| Cue. OF Charlottesville, Va. six years
ago, when the Virginia Supreme court
set precedent in determining not to
thrust aside what ii regarded as sn evi-
IDENTIFY fair verdict merely on legal tech
nicalties.
The conference to-day took place in a
/ law library here, and ponderous volumes
were heaped on thei able where counsel
argued. The final draft made by Judge
Watson included the usual perfunctory
request of the defence that the indct-
ment be quashed because Of the res-
sonable doubt and a similar instruction
of the commonwealth that the jury fiud
the accused guilty Of murder upon the
evidence given by Paul Beattie as To
Heury's alleged confession.
May Go to Jury Tomorrow.
Judge Watson declared tonight that
after delivering the instructions 20 the
Jury in court tomorrow he intended To
ask how long time was desired Dy
counsel for the argument, and II IL was
not an unreasonable period he would
grant il. He added, however that he
would suggest 10 counsel the completion
OF the argument by tomorrow night,
and that II the jury did not appear 20
be very fatigued ne would ask them TO
retire at once and find verdict. II IL
not considered likely that the lawyers
will be able TO finish their summing up
speeches tomorrow, and 1t is expected
that they will be continued over until