Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-09-09

C1QenL as all luSLduCc VI tAc udA6SI
circumstantial evidence.
"You heard the boys testify" he col
!. tinued, "how they saw man In fror
Of an automobile and woman on tn
running board. How must you hav
felt when Mr.. Kestleberg came TO
ward and thrust aside all suspicio
that Henry Beattie or his wife were l
+ that machine.
with all due respect to the gentle
n man who opened the case for the con
g monwealth, we do not yet know tn
e theory of the prosecution. He WIN
a closes for the commonwealth, there
e fore, has an advantage In weaving to
4 gether theories from facts we have no
e known. a&
= What can have been the purpose Q
r Mr.. Sydnor's testimony that ne saw
J. young man alone on the Midlothian
: turnpike early on the evening OF tn
. tragedy. 1t must be that they thlni
: the accused went to the stump the!
;, have talked about and placed the gu1
there few minutes before the crime
, But here is man Of intelligence, VINO
, on the witness stand must have I'm
pressed you, man of kind d1sposltlor
: ana yet they want you to believe tha'
. he prepared in his laundering fashion
for crime-a more hellish and brut
ish has seldom been heard OF.
Mr.. Smith dwelt at length on the
question of reasonable doubt, re-read
ing the instructions to 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 his mind. It's inconceivaDle,
gentlemen.
I'm taking away human life, you
are face to face with God almighty,
and unless you are convinced to
moral certainty that this young man
committed this dastardly crime, you
must Of necessity bring In verdict
of not guilty,
y You have been shown the dangers
of circumstantial evidence, but I will
show you that the accused must have
been only a laundering idiot to have
committed the murder. For he then
picked out a much Travelled road,
where everybody could see him. In full
view he hides a gun. I may as well
say that If he thought out or planned
this crime why, can you tell me, should
he have used shot gun when pistol,
easily procured and easily concealed
without taking anybody into his con-
fidence could have been used?"
Gentlemen there Is more than one
human 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
al! appeal to you. to give them the
benefit of the doubt. And want to
say what am glad to say of an old
friend, that would be glad to rest this
case on the testimony of Tom Owens,
uncle of the dead woman, who was the
fairest man ever saw on the witness
stand. And Tom Owen was the first
person to whom this boy opened his
lips when he brought in his dead wife.
Gentlemen If there were any discrep-
ancies in his story they would have ap-
peared then and offer to rest your
judgment with that testimony alone.
Our mail has been flooded" said
Mr.. Smith, with newspaper clippings
and letters from all over the United
States, telling Of the dangers of cir
cumstantial evidence.
Il don't think you should have men,
toned that" interjected Prosecutor
Wendenburg.
well, If l was wrong, 1 hope his
honor will rule 1t 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 |
given testimony Of Krestle-
burg as indicating the danger of cir
cumstances.
Calls Paul Beattte Moral Wreck.
Characterizing Paul Beattie as a
moral wreck" the lawyer held up the
testimony of the cousin as influenced
by strong-minded detectives.
1--WE do not believe that Paul Beat
tie was guilty of this crime. The ques-
ton has probably occurred to you as
10 what our theory is. But the instruc-
lions distinctly point out that 1t is not
necessary for us to locate the criminal
agent. It is not our duty to do it. Sup
pose Paul Beattie did buy that gun to
Use on Mayo's bridge? Suppose Neblitt
s telling the truth and Paul Beattie
lid have a gun in the cement house
If Sunday morning. Suppose that gun
vas stolen by some tramp and the
ramp killed Mrs. Beattie and suppose
hat Paul Beattie was afraid to tell
hat story for fear that the crime
would fasten on him. ask you, does
hat not seem good reason for the
hitting of the burden by this weak
Ing, Paul Beattie?" Is
Case Moves Woman to Try Suicide.
Pensacola, Fla, Sept. s. A news 8
aper. story telling of chance that
,eu1ah Binford might be prosecuted :
s an accessory in the Beattie murder
ase is declared to have driven Mrs. 4
aura Sullivan into suicidal despond-
ncy late last night. First she drank 7
audanum. This was pumped from her :
tomach. Then she slashed herself in
he side and head. The knife was :
AIKEN away from her before she in
Iicted fatal wounds. During the night Z
he obtained a pistol. and tried to
boot herself.
After her last wound had been
ressed Mrs. Sullivan said she would