Evening journal., 1911-09-08
PLEADING TO
SAVE BEATTIE
sconsinued prom FIrst Page.l

tCondnued From First Page)
deavor to show you today that we are
entitled to a verdict of mot guilty
Judge Watson instructed you that un-
less you are satisfied beyond a reason
able doubt you must acgut.
Never have the dangers of circum-
stantial evidence been so plainly
shown as in this case. And Judge Wat
son has shown you how grave the
dangers may be-"
After a lengthy tribute to the good
character" and intelligence Of Henry
Beatie, Smith declared:
TThe theory of the commonwealth
would make this intelligent. kind
hearted, affectionate youth a Ounce; a
fool. a fend in human form"
Henry Clay Beattie, Jr., might have
committed this horrible crime in 1T
OF rage. Good men have gone mad with
anger before shouted Smith, but
the commonwealth would have you bo-
lieye that this young man calmly plan
ned and pondered over this crime for
days and slept over It at night They
would have you believe that with that
horrible plan in his brain he went
about his daily life for three days. It's
inconceivable, gentlemen. Why the
man who conceived that crime was an
idiot He chose a spot on the most
travelled road about Richmond"
El0Quence Of Smith.
Smith, one of the most eloquent
members Of the Virginia bar. exerted
all his power of words to persuade the
jury
This is not merely question 0 this
young mans life" he declared. 1T is
a question OF the ruin of the remaining
years Of this poor old gray-haired
father of the fair name OF the little
seventeen year old sister. and Of the
standing Of the brother of the accused
man"
Step by step the lawyer followed the
evidence carefully pointing out and
emphasizing the flaws In the circum-
stantial case OF the state.
L. O. Wendenburg, special prosecu-
tor who will close the case for the
state today appeared in great good
humor. In the Democratic primaries
yesterday Wendenburg was nominated
for the State Senate, and down here
that nomination is equivalent to an
election. While Wendenburg was nomi-
mated, Judge Gregory commonwealth
attorney for Chesterfield county was
badly beaten for denomination. Greg
ory, who made the opening argument
for the state yesterday, did not ap-
pear IN court today.
Pounding continually on the ques-
hon Of reasonable doubt and the un-
reliability of circumstantial evidence.
Smith reviewed the clrcumstantial
case as made out by the state. He
pointed out each flaw I'm the prosecu-
lions chain OF evidence and repeated
the law as to reasonable doubt.
Can you gentleman believe that
Henry Beattie left the sweet loyable
woman he had married, mother OF his
child and planned TO murder her that
he might join this unspeakable woman
Beulah Binford?" he shouted waving
his arms about his head Can you be-
lieve that this man is capable OF
that?"
One point weakened Smiths argu-
ment. He passed over Henry's denia'
that he had seen Paul the Thursday
night before the killing and the subse
quent strong corroboration Of Pauli
story as immaterial
"Tf even you believe these witnesses
he said, there Is no allegation that any
crime was committed Thursday night
After Smiths emotional tones
had sobbed through the couri
room for over three hours the jury
began to grow tired In the course
Of one of his oratorical flights one OF
The jurors in the back row nodded and
slumbered peacefully Judge Watson
noticed him and whispered to Sheriff
GIL The sheriff. seated at the end OF
the jury box, nudged the juror beside
him Down the line the nudge went
until the nodding juror was startled
Into consciousness by the elbow Of his
neighbor.
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