The Topeka state journal., 1911-09-08
Beattie Case Not Likely to
Reach the Jury
Before Tonight or Possibly
Some Time Tomorrow.
S NO TIME LIMIT
Defense Centers It's Fire on Paul
Beattie's Testimony.
Defendant Sits by His Attorney
and Gives Assistance.

night tonight, Henry Clay Beattle, IT.
indicted for the murder OF ms Wlte'
win know his fate. Before sunset Harry
smith. Jr. counsel tet..,ee-s1efense, ana
l. o. Wendenburg. for the prosecution
will have concluded a battle OF words
before the y jurysnen who are expected
to reach a verdict tonight. The hnal
argument began earlier than usual ana
although trey were expected 10 end at
s,undown this was by no means an as
= expect the case to go to the jury
tonight said Judge Watson before
cCuvening court today but TINS can
NOT ne foretold as the argument mas
not been limited as to time. L expected
rIr Carter for instance not 10 occupy
all afternoon yesterday but ne dtd 50
aud il is possible if Mr.. Smith uses the
srreate4. mart of today Mr.. Wendenburg'
concluding remarks may have to go
over until tomorrow l know t9e jury
.nen are anxious to get to their homes
and l win urge the lawyers - eiiue'-NoA
If was 4 bitter fght enveloping all
the. finer details OF criminal law thaL
vas staged at the historic court mousse
tcday between Attorneys smith ana
Wendenburg Continuing the line or
attack begun by his colleague, Hill Car
ter. Yesterday against the veraclty OF
Paul Beattie, who gave the hcst zen
National and damaging testimony
"a
away at the story of the purchase OF
the gun, the alleged confession and the
chain of circums tartial evidence torg-
fd nv the prosecution. Commonwealth
Counsel Wendenburg took notes CURING
Mr. Smiths argument preparatory 10
the delivery of the address which VIII
bring the trial to the point OF consld-
Grafton by the jury, while the prisoner
in a light suit and white craVat sat
beside his counsel, assisting him con-
stantly in finding pages in the Volum-
inous typewriter record of the testi-
nony and followed the argument close
Mr.. smith began speaking at 9;2o
Smiths Argument.
.sThe nasterful argument OF Mr.. Car
ter Yesterday he said. has made it
unnecessary for me to detain you with a
protracted address. We do not antici-
pate and do not fear at your hands
conviction. What we are troubled
about is those of you who are satisfied
that you cannot bring in verdict of
guilty and yet cannot assent to a YER
dict Of not guilty
we will endeavor to show you if
that is your frame of mind we are en-
titled to an acquittal, That proposition is
made plain to you by the instructions"
Mr.. Smith cited the Kestleberg Incl
dent as an instance of the danger of
circumstantiaI evidence.
You heard the boys testify he con-
tinued, ''of their trip from Bon Air,
how they saw a man in front of an
automobile and a woman on the run
ming board. How must you have felt
when Mr.. KeStleberg himself came for
ward and thrust aside all suspicion
that Henry Beattie or his wife were in
that machine. This, gentlemen, illus
trates the danger of making up your
minds until a case is closed, a pit into
which many jurymen and even judges
have often fallen.
With all due respect to the gentle
man who opened the case for the com
nonwealth we do not yet know the
theory of the prosecution. He who
closes for the commonwealth therefore
has distinct advantage in weaving to-
gether 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. It must be that they think
the accused went to the stump they
have talked about and placed the gun
there a few hours before the crime
But here is a man of intelligence who
on the witness stand must have i'm
pressed you, a man of kind disposition
and yet they want you OF believe that
he prepared in this blundering fashion
for the crime-a more hellish ano
british has seldom been heard Of"
Mr.. Smith dwelt at length on the
question OF reasonable doubt, re-read-
ing the instructions to the jury on this
point.
1T is conceivable" he added. that
this young man could for three days
live in the same house with his dear
father and loving family. could kiss
them each night with this terrible
crime on lis mind It's inconceivable.
gentlemen
In taking away a human life you
are face to face with Gcd Almighty
a:Id unless you are convinced to a
Iloral certainty that this young man
committed this dastardly crime you
must of necessity bring in a verdict of
not guilty
You have been shown the dangers
Of circumstancial evidence but I win
show you that the accused must have
leen only a laundering idiot to have
committed the murder For ne then
picked out much Travelled road where
everybody could see him. In full view
he hides a gun. / may as well say
tEat if he thought out or planned this
crime Why, can you tell me, should he
have used a shotgun when a pistol
easily procured and easily concealed
without taking anybody into his conf
dence could have been used ?"
Reviews the Evidence.
Gentlemen, there is more than on
human life at stake, not only the Iife
or this young man but that srrav haired /
<ather, the future of the brother and
the good name of a sister. They al
appeal to you clarion tongued to give
'hem the benefit of the doubt. and
want to say here what I am glad to saI1
OF an old friend that I would be sylad
70 70 rest this case on the testimony of
Ion owen, uncle of the dead woman
he IA 1fr,E T