The Detroit times., 1911-09-08
LIFE OR DEATH IS
BEATTIE's GREAT PROBLEM
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Smith, but the commonwealth would
have you believe that this young man
calmly planned and pondered over
this crime. for days and slept over II
at night. They would have you be
lieve 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 CON
ceived that crime was an idiot He
chose a spot on the most Travelled
road about Richmond"
Under the indictment charging
Beattie with the killing OF his wife.
but two verdicts are possible. The
jury can either find him Guilty OF
murder I'm the first degree as charged
In the indictment" or mot guilty.
Following verdict OF guilty, the
Virginia law prescribes the death
penalty. although the jury can recon-
mend mercy.
A third possibility is that Of dis
agreement.
Smith, one OF the most eloquent
members of the Virginia bar, exerted
all his power Of words 10 persuade the
jury.
This is not merely question OF
this young mans life," he declared.
ut 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 ac-
cused man."
Step by step the lawyer pointed out
and emphasized the flaws In the cir
cumstantial case OF the state. l.. o.
Wendenburg. special prosecutor, who
will close the case for the state today
appeared In great good humor. In
the Democratic primaries yesterday,
Wendenburg was nominated for the
Virginia state senate, and that nom
nation is equivalent to an election.
Judge Gregory, commonwealth attor-
ney for Chesterfield county. was badly
beaten for denomination. He did not
appear In court today.
Pounding continually on the ques'
tion OF reasonable doubt and the un'
reliability OF circumstantial evidence,
Smith reviewed the case as made out
by the state. AS he pointed out each
alleged flaw In the prosecutions chain
OF evidence he repeated the law as to
reasonable doubt.
"Can you gentlemen believe that
Henry Beattie left the sweet, lovable
woman he had married, mother OF his
child, and planned to murder her that
he might join this unspeakable WON
an, Beulah Binford" he shouted, wav-
ing his arms about his head. Can
you believe that this man Is capable
OF that?"
One point weakened Smiths argu.
ment. He passed over Henry's denial
that he had seen Paul the Thursday
night before the killing and the subse.
quent strong confederation OF Paurs
story as immaterial.
"Even II you believe their wit
nesses." said Smith, there IL no ale
CATION that any crime was committed
Thursday night"
After Smiths emotional tones had
sobbed through the courtroom for over
three hours the jury began to grow
tired. In the course OF one OF his ora
torical flights one OF the jurors In the
back row nodded and slumbered peace
fully. Judge Watson noticed him and
whispered to Sheriff Gill. 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 con-
seriousness by the elbow OF his neigh
Dor.
n the fury recommends mercy. after
returning a verdict OF guilty, Judge
Watson may sentence Beattie to life
Imprisonment In HIS discretion. The
law allows no further latitude