The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-23
POSSIBLE PITFALLS
FOR PROSECUTION
Public Attitude Toward Prisoner
Unchanged, but Much Specula-
ton as to Final Outcome
of Case-Clear Motive
Not Yet Conclusively
Shown.
BY JOSEPH F. GprsrNGER.

with the defense silent as the tomb
and the Commonwealth almost daily
uncoverins some fresh and seemingly
promising trail. public attention in the
i5eattie case until now has been CEN
tired exclusively upon one side OF
the picture, with the result that ar
assumption of the prisoners guilt and
OF the prosecutions ability easily to
prove It's hidcous charge has grown
and spread to the uttermost bounds
of the State and country.
To-day there are signs of a change
the first trace of a beginning reaction
Here and there an element of doubs
IL stealing in. and many, though still
mistaken in their conviction that the
husband of the murdered girl actually
dubbed and shot her to death, are
finding themselves questioning the
power of the Commonwealth to fasten
the crime upon him to the satisfectio
OF hard-headed. literal minded country
jury. Confidence born of eX parte tes-
timony. shouted from one end of tho
land to the other, is giving place hers
and there to speculation as to how
successfully this apparently impreg-
nable and overpowering structure viii
withstand the broadsides of the Or
posing forces.
Day of Reckoning Here.
The eve of the trial has brought this
faith, AS long as the day OF reckon
ing remained in the future there was
little to disturb the serenity OF the busy
sleuths. The public looked on gasp
ing, and. while circumstance piled on
| circumstance pointing the accusing
finger ever more plainly at the indif.
fercnt young man In the Henrico cell
scarcely thought of an ultimate es-
cape entered any head. There seemed
but one possible issue to 1t all-that
Henry Beattie too must die. Not a
few wondered why he did not put an
end TO himself and his misery; for
time many waited in hourly eSpecta-
ton of the news
But none came, and now the day
of the defense is at hand. The Com.
monwealth has produced It's case and
hereafter can no longer sit In salts.
ned contemplation of its work; it must
80 actively and vigilantly forth to
defend that which 1t has so, carefully
and so laboriously built up The at
tack Is about to begin, and the on
lockers are for the FIRST time reaIizinn
iully that there is to be another side.
What will it be? In seeking the an
swer to this question it has been
necessary to include in the considera.
ton "A survey OF the states cas-, from
new and hostile point OF view. Weak /,
spots hitherto unnoticed or Cisregardeo
are being found. Forgotten points OF
law, overlooked in the excitement of
the moment. are being called TO mind.
The pendulum has traversed Its ara
and seems about to swing back. Where
IL VIII hnally rest no man can now nay.
But a week ago even this much would
not have been conceded
Keeps Its Peace-nnd Wisely.
Looking on, the defense still keeps
Its peace-and wisely. That 1T viii
speak with force and vigor when ii
does speak no man In his senses now
doubts. Counsel are silent and In
scrutablc, but not idle. smith. a law
yer of many brilliant successes, is nor
the man 10 let single opportunity
slip his watchful hand, With him lies
the general direction OF the prisoners
case. the marshaling OF the forces for
oTense and defense. At his side sits
Carter. as weli-known In his way.
seeking and selling error and suspect-
ed error. To him is left particularly
the task OF laying the battle-ground Of
the future-the appeal that NAV be-
necessary. Able and determined men
sEilful in the ways of the law, thew
nave much moi e to build upon than Is
generally supposed ana are not un-
mindful of the fact. With the publio
at large it is still not a question of
remarkable unanimity Of opinion con-
tihues largely mistaken. The doubt
Is not so much here as in tho real
strength of the States case and its
ability to prove the charge. And the
doubt Is growing. This much NAV as
Well be recognized now, though the
Commonwealth SIN stoutly declares
that |; is prepared 10 meet any cor
tinSency.
Principles of Law.
Some elementary principles of law
that have figured in other celebrates
cases. and that Will doubtless be pro.
nounced for the guidance of the i,,rv
IN the present trial, Will give an ides
OF the difficulties in the way. AS the
hearing; begins Henry Beattie stands
before his peers an innocent man in
the eyes of the law until the stats
has proven his guilt beyond a reason.
able doubt. Tho burden is not on hin,
but on his accusers Throughout the
entire progress OF the trial with ref.
erence to the evidence in whole or In
any part this presumption apples with
force. and everywhere the ebeneht OF
the doubt goes to the prisoner.
BY reasonable doubt the law means
something serious and substantial.
and when II enters into g. considcra-
ton of the verdict II must concern
material facts and not immateriai and
ron-essential circumstances. For the
benefit OF the ConImonw calth the Iawe
holds--as expressed by the court in
similar case--"that the Jury are not 70