The Topeka state journal., 1911-09-09
VERDICT OF GUILT.
Continued from Page one)

CONTINUED from Page one9
and they opened their condolences to
one another for nearly an hour 50 that
they might go back to the court room
firmly convinced of their duty and OF
one mind.
And in the court room meantime sat
Henry Clay Beattie, jr.4 the sporting g
page of newspaper spread out before 2re
him. But he did not read it long. tie
folded the paper and concealed MS
face in IL. Those who sat near the boy
of iron nerve observed a twitching OF
his lips as though moving in prayer as
he sat with closed eyes awaiting the
return of the jury. He raised his head
for moment, dropped the paper again
and began reading. Then he whisper,
brother 1t was for them he felt and
to them he counselled cheerfulness.
1t was nearly dark in the court
room when the jury returned. Three
oil lamps really added gloom to the
scene. The sunsets red rays still
streaked through the windows. On
every sill rested a telegraph fnstru-
ment and operators tensely waited for
the announcement OF the verdict.
thick mass of faces rising in an incline
to the shabby ceiling stared at the
jurymen. Famous jurists looked down
from soiled paintings. In the minds OF
the gaping crowd remained the ring OF
the powerful speech of the prosecutor,
who denounced the man who ex-
changed the glow of virtue for pas
sion's feeble tapers.'
They Shouted the Verdict.
The court asked the prisoner to rise.
He calmly stood up and waited.
Have you gentlemen agreed on
verdict?' asked Judge Watson.
1--WE have.'' said Foreman Burgess,
and almost at the same instant that
Judge Watson asked, What is your
verdict?" all twelve men yelled
Guilty"
Tnversed in law and the form of
murder trial, the jurymen had not
specified what degree of murder Ask
ed what degree, Mr.. Burgess answered,
Guilty as indicted"
Under Virginia practice. murder is
presumed to be second degree unless
bent on the jury to fix the degree, so
Judge Watson advised the jurymen to
confer again on the point. Seven
minutes later they returned with the
verdict Of murder in the first de-
gree"
The prisoner stood erect and mo-
tionless. His face in color yellowish
green throughout the day. was immo-
bile. The light of a lamp cast
dreary shadow on his upturned chin
as he faced the jury. His eyelids sag
ged but did not blink In steady
gaze he held his eyes on the faces of
the II men who had pronounced his
punishment as If TO penetrate their
InIQQS
It was not a resentful expression, how
ever and when the court asked if the
prisoner had anything to say, he ans
wered. Il have nothing to say and
sat down.
The perfunctory motions for a new
trial were made by counsel for the
defense. The usual granting of per-
mission to argue the point was denied,
as Judge Watson declared all trial rul-
ings of the court had been on COM
n ofo n
no way would have Influenced the
verdict. A stay of execution was
granted however, in order to give
counsel an opportunity to apply for
a. writ of error when the court of ap-
peals meet in November.
Court Lectures the Prisoner.
Judge Watson delivered an impress
sive speech to the prisoner. He told
how the young man had stained his
own life and that of the community
first started, said Judge Watson. he
had hoped that Virginia might be
cleared of the crime for which not
only the state felt shame but which
had hoped that the counsel would
prove the defendant innocent but the
evidence, he regretted to note, was all
convincing and overwhelming.
THE court in this trial" said Judge
Watson, "has endeavored in all its de-
cisions to lean toward the side of the
prisoner and in its charge to the jury
also attempted to give him the benefit
of every doubt and every opportunity
to establish his innocence. The rul-
ings mostly have not been on matters
of law, but on small questions of fact
You have had a fair and impartial
trial. Mr. Beattie and the jury has
done what 1t considers its duty. There
fore you have been convicted of muir
der in the first degree, and Novem-
Der "a between the hours of sunrise
and sunset you must forfeit your life
to the community. May God nave
mercy on your soul"
A moment later, by the side of his
father and brother, Douglass, their
heads bowed i'll grief, walked young
Beattie in the darkness towards his
cell.
Beattie Wept in His Cell.
The crowd fingered at the jail and
peered into the cell, Illuminated by a
single lamp. On the bed with his head
in his hands sat Beattie. his father and
brother beside him. Jailer Cogwin sent
the curious away. Only few saw the
prisoner break down and weep in the
Of the cell
An hour later the hamlet was de-
serted. A few hundred yards from
the Jail in a small hotel twelve men
gathered their belongings in silence
the darkness to the simple homes from
which for a fortnight they had been
absent
LITTLE HOPE FOR BEATTIE.