The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-09-09

/ calmly at the bar, carefully taking
notes preparatory to his reply, which
closed the case and left it with the
jury.
Beattie Assists Counsel.
Henry Beattie, in a light suit and
a white cravat, sat close to Mr.. Smith
while he spoke and assisted him con-
stantly in finding pages in the thick
typewriter records of the testimony
He followed the argument closely and
with interest. Mr.. Smith began speak
ing at 9.20 o'clock.
Il congratulate and thank you" he
said, addressing the jury, for the
very manifest patience with which
YOU have conducted yourselves during
this trial and the fair attention you
have given the evidence. | am sure
that whatever the verdict may be,
it will be a conscientious one.
The masterful argument of Mr..
Carter yesterday has made it unnec-
essary for me to detain you with
protraeted argument. or his argu-
ment l am sure there found lodg-
ment in your heart that he was en-
deavoring to throw light on this case.
that he was not appealing to your
passions or prejudices, but to your in
tellect and conscience. We feel that
this is a case filled with a great deal
OF food for reflection. We know fun
well that upright, intelligent men may
well differ 10
the evidence We do not anticipate
and do not fear at your hands a CON
yiction. What We are troubled about
is those of you who are satisfied that
you cannot bring in a verdict of guilty
and yet cannot assent to a verdict of
not guilty. Yet we will endeavor to
show you that if that is your frame of
mind we are entitled to an acduittal.
The proposition is made plain to You
by these instructions"
Cites Kestleberg incident.
He cited the Kestleberg incident as
an incident Of the danger Of circum-
stantial evidence.
You heard the boys testify" he
continued, "of their trim from BON
Air, how they saw a man in front Of
an automobile and a woman on the
running board How you must have
telt when Mr.. Kestleberg himself
came forward and thrust aside an
suspicion that Henry Beattie or his
wife We're in that machine. This gen
tleman, illustrates the danger of max
ing up your minds until a case is
closed, pit into which many Jury
men and even judges often have
fallen.
1t is inconceivab1e, Mr.. Smith
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 in-
conceivable, gentlemen.
In taking away a human life, YOU
are face to face with God Almighty.
and unless you are convinced to a
moral certainty that this young man
committed this dastardly crime. YOU
must of necessity bring in a verdict
of guilty,
circumstantial Dangers.
You have been shown the dan
gers of circumstantial evidence. but
will show you that the accused must
have beep only a blundering idiot to,
have comAitted the murdc.. For he
then picked Nut a much Travelled road.
where everybody could see him. In
full view he hides a gun. may as
well say that 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 any
body into his confidence, 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 broth
er and the good name Of a sister.
They all appeal to you, clarion
tongued. to give them the benefit of
the doubt I want to say here, what
] am glad to say Of an old friend, that
I would be glad to rest this case on
the testimony Of Tom owen, uncle Of
the dead woman, who was the fairest
man I ever saw on the witness stand.
Tom Owen was the. first person to
whom this boy opened his lips when
he brought in his dead wife. Gentle
men, if there were any discrepancies
in his story they would have ap-
peared then, and offer to rest your
judgment with that testimony alone" ."
Letters Flood Mails.
Our mail has been flooded" said
Mr.. Smith, with newspaper clippings
and letters Of people from all over
the United States telling of the dan
gers of circumstantial evidence"
Il don't think you should have men
toned that" interiected Mr.. Wenden-
burg.
well, if it was wrong. hope his
honor will rule it out for I want TO