The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-09-03

1
| gun on his shoulders during the hunt
Ing season or when rabbits are plenl
/ tiful
| Sampson testified that Beattie never
really loved Beulah Binford. but when
their relations were accidentally re-
newed" shortly before the murder, it
was a passing escapade.
Kestleberg told OF a motor ride he
took on the Midlothian turnpike the
night Of the murder and contradicted
the theory OF the prosecution that Mrs.
Beattie was standing either on the
running board of the machine or in
the road when killed. y He testified the
woman with-him occupied such a po-
sition on the running board when he
stopped his machine to fix 1t and when
the machine load of boys, who already
had testified for the commonwealth,
passed him.
DEFENSE ATTACKS THEORY.
| The defense laid stress on two i'm
portant points before closing its case
with the testimony Of the prisoner
himself later today.
| In one it attacked the theory of the
prosecution that Beulah Binford was
the motive of the accused for murder
ing his wife, and in the other the de-
Tense assaiied testimony of witnesses
for the commonwealth who thought
they saw Beattie and his wife on the
Midlothian turnpike on the night of the
murder.
William H. Sampson, an intimate
friend and chum Of the accused, told
on the witness stand Of Beattie's re-
lations with Beulah Binford. pointing
out that when they were accidentally
renewed just before Mrs. Beattie was
murdered, there was no serious affec-
ton on the part of Beattie.
The testimony of Charles Kestelberg
was reluctantly given because the wit
ness admitted it might enba<rass him
with his wife. He testified, however,
that he was motoring with a woman
on the Midlothian turnpike on the
night Of the murder and that he was
. passed by several boys while the WON
an was on the running board.
The character of E. H. Neblett, who
said he saw Paul Beattie on Sunday.
July 26, with a shot gun, day after
he claims to have transferred the
weapon to his cousin Henry, was at
tackled today when the prose cution on
cross examination Of witnesses. drew
forth the admission that Neblett was
once convict and had vivid imagi-
nation. ~
. Court recessed for luncheon at 1920
THE MYSTERIOUS WITNESS.
ri Charles Kestleberg, Of Richn1 ond, the
( mysterious witness whose discovery
Yesterday. caused counsel for the de-
Tense to interrupt its examination OF
witnesses for nearly an hour, came
forward today with the declaration
that 1t was he who was motoring on
, the Midlothian turnpike on the night
> of the murder and stopped his machine
to get some water while the woman
with him stood on the running board.
The testimony Of Kestieberg II ac-
3 cepted as fact, neutralizes the evidence
i offered by the prosecution in many I'M
: portant respects because the common
wealth has held that 1t was Henry Clay
IBeattie, Jr.. who was crouching IN
, front of machine on the turnpike
! while his wife, who was standing on
the running board, was shot. her tall
causing the big blood blot on the road.
A crowd OF boys coming from dance
: at Bon Air had testified for the prose-
= cution that they saw a man and WON
an and offered them help but 1t was
refused.
. TT was l." said Kestleberg, who Is q
wholesale butcher, to an Associated
. Press reporter before court opened to-
. day, who was on the Midlothian pike
that night. saw the crowd OF boys
n pass and they offered me help and ]
= said II was unnecessary. have hesi-
= tated to give any Information about
the case, although I realized perhaps
that the testimony Of the boys indi-
: Gated that II was Henry Beattie and
6 his wife who stopped and that 1t was
a Mrs. Beattie standing on the running
: board.
II will tell you very frankly that
don't know who the woman was who
a was with me. I met her On the road
f and gave her a ride for part OF the
e way. Being married man, did not
a wish to volunteer testimony that would
put me in a bad light socially, but
told my wife and several intimate
e friends and guess it leaked out to the
: defense, who summoned me today"
did you see any other cars on the
road that niRht?" he was asked.
It saw the|Sboys go by and another
= car that was running very rapidly and
\ I could not see who was in It I recog-
ntzed one of the boys who stopped and
Q asked IL I wanted help, but don't
think he recognized me- The story the
IS BOYS have told about seeing a man and
Z woman in the machine Is correct, but
! in the interest Of justice. am frank
= to say the man was not Henry Beattte
: nor the woman his wife"
: Court convened at II o'clock and
: Elisa Moseley. a colored woman, TOOK
g the stand. Judge Watson announced
that the woman had told him she mao
E heard a gun shot on the Midlothian
Il turnpike the night of the murder and
{ that he had asked her. though Ill. &c
a come to court and TESTIFY.
d The Judge asked her, when sworn, II
Il she was at home the night OF the
: tragedy She said she was and tha.
she heard a report Of a gun arounc
n half past 10 o'clock. :,
', 81 heard nothing beside the noise o.
y the gun and the blowing of an auto
: mobile horn" said the woman.
When did the horn blown?
"Just after I heard q noise ike tne
starting OF machine"
How many minutes" asked Juror
Hancock, elapsed between the repor'
of the gun and the starting Of the ma
| chine?"
II About or minutes.
'Is that a guess? ?" asked counsel To-
the defense.
yes" said the woman. She was
! then excused