The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-09-07
(National News Association

(NatiOnal News AssociatiOn)
CHESTERFIELD, Va, Sept T.
With prospects of the jury getting the
case by Saturday, Judge Watson deliv-
cred brief but pointed instructions in
the Beattie trial this forenoon. Both
Beattie and his lawyers followed the
reading closely and regarded the in
structions strictly favorable to the de-
fense. The majority of the spectators
also construed them. All women were
excluded. Judge Watson pointed out
that the burden Of proof in first de-
gree murder rests on commonwealth,
but II reduced to manslaughter the de-
tense should have the burden of pro-
viding absence of malice or preintent
to acQuit q reasonable doubt was de-
fined as mot flimsy but certain" The
judge says every reasonable hypothe-,
sis OF guilt must be established before
the verdict Of guilty can be reached.
A confession out of court Is doubtful
evidence when considered alone. Good
character evidence might create rea-
sonable doubt. He said the evidence
In the case Is largely circumstancial.
based on the testimony of Paul Beat
tie, and the benefit of doubt should
be given the prisoner. Judge Gregory
Immediately followed for prosecution,
slayer of his wife.
Faced q Hard Task.
Judge Gregory found himself facing
hard task as it was the opinion of
almost everybody In the court room
that Beattie had partly won his fight
for life. as a result of the instructions
given by the court. The judge had
practically demolished the common
wealth's strongest point, the testimony
OF Paul Beattis. as the states strong
est witness. who swore that Henry
Beattie had confessed the murder to
him.
Mr.. Gregory first established the
time and place of the crime by the evil
dence Of the two auto parties of young
men who swore they saw man re-
sembling Beattie and woman resemb-
ling Mrs. Beattie on the Midlothian
turnpike the night of the murder.
There is the man who was seen
standing by the front of his machine
where the blood spots were found"
Mr.. Gregory said. and then, pointing
his finger at Beattie," there he is.
there is the man."
The defense he pointed out did not
endeavor to disprove the confession
made to Paul.
but there is yet stronger con-
fession," he told the Jury, Henry
Beattie identified the gun to Major
James Patton as the weapon with
which his wife was slain That gun
was the weapon bought by Paul for
Henry. Is that not confession enough?
Has the defense even tried to disprove
this Identification of the murierer's
weapon by Henry?"
Judge Watson suggested that Major
Patton's testimony be read to the jury,
and this was done by Mr.. Gregory.
Gives Lie to eeattie.
Then Mr. Gregory took Henry's own
Testimony and argued to the jury that
his story OF running upon the man on
the road was false. ''The light of his
machine showed $50 feet OF the road.
The car. as sho ~. by the blood spots,
was In the mi - of the road and
Henry could h easily swung by a
pedestrian"
Mr.. Gregory 10 tell about the
action of the inds. but Judge
watson woul' 'rmit this. ruling
that bloodho, nu,t get into the
records as ey
"Is 1t poss't c)nceiye a man OF
worse chara It, this man." Mr..
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