New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-09

An hour later the hamlet was deserted.
A few hundred yards away from the
Jail. in a small hotel, twelve men gain
cred their belongings in silence. and one
by one they drove away into the dark
ness to the simple homes from which
for fortnight they had been absent.
Beulah Binford the so-called woman
in the case whose relations with young
Beattie furnished a dominating feature
of the prosecutions case, did not figure
as witness during the trial. Nelther
side was willing to call her.
Immediately upon her release from the
iail where she had been held for posi-
BILE testimony she disappeared from
Chesterfield. hurried to New York anu
almost at the hour when the jury was
registering its verdict that carried the
penaltv Of death for her quondam com
panion she was posing for motion pct
ures at Staten Island and nursing theat-
rical ambitions.
Continuing the line Of attack begun by ms
colleague. Hill Carter. yesterday against
the veracity OF Paul Beattie, who gave the
most sensational and damaging testimony
against his cousin, Harry q. Smith, IT,
counsel for the prisoner, battered away al
the story of the purchase of the gun, the
alleged confession and the chain OF CIR
cumstantlal evidence forged by the prose
cution when court convened TINS lnoihiis'
lie said. on opening his address:
The masterful argument of Mr.. Carter
yesterday has made 1t unnecessdIS loi nie
TO detain you with protracted address,
We do not anticipate and DO not rear az
Your hands conviction. hut We a.
troubled about is those OF you VINO .ro,.S a.
satisfied that YOU cannot bring III NeluIC'
of guilty and yet cannot assent 10 YER
dict Of not guilty. ~. 20
We will endeavor to show You thdt a
that is vour frame of mind we are. ehtltItu
tn an acoujttal. That proposition Is made
plain to you by the Instructions
Mr.. Smith cited the Kestleberg incident
a. an instance of the danger Of circumstan-
tial evidence saying:
You heard the boys testify Of their mp
from Bon Air how they saw d llI"n go
front of an automobile and woman on
the running board How must you nav
felt when Mr.. Kestleberg himself came
forward and thrust aside all suspicion lhnt
Henry G. Beatue, j., or ms Wiz ter
that machine This, gentlemen, illustrates
the danger of making up your minus uhtli
q case is closed. pit into when man!
iurymen and even judges often nave ialIei
With all due respect 10 the gentleman
who opened the case for the common
wealth. we do not yet know the theory Vi
the prosecution. lie who closes for the CON-
monwealth therefore. has a distinct du-
vantage in weaving together theories from rom
facts we have not known. WHAT can l"Ne
hcan the purpose of Nj. Sydnors testhhohI
that he saw a young man alone on me
Midlothian Turnpike early on the evening
of the tragedy? 1t must be that tney mink
the accused went to the stump they nave
talked about and placed the gun there
few hours before the crime. But mere Is d
man of intelligence, who on the witness
stand must have impressed you, man vi
kind disposition, and yet they want you
10 believe that he prepared in TINS DUH
dering fashion for the crme-a more neli-
ism and british has seldom been heard o.
Mr. Smith dwelt at length on the ques-
+ion of reasonable doubt. rereading the
instructions to the jury on this point adj
ding:
II IS inconceivabe that this young man
could for three days live i'm the same house
with his dear father and LOVING family
could kiss them each night, with this ter
rible crime on his mind. It's inconceivaDie'
gentlemen