The Birmingham age-herald., 1911-09-09
Will Appeal


 The court of appeals, to be sure, will be asked to grant writ or error ana new trial Young Beattie, cognizans or the legal weapons yet at his disposai, old not surrender. Instead he consoled hls broken down father, white haired and wrinklet, and comforted him as he wnss- pered. q have not lost yet, father"
 Unusual as has been the tragedy and the gruesome stage where it occurred, the F jurymen did not hesitate to admit to their friends that they had considered not only the cold blooded murderer. but his marital infidelity as well. It perhaps was the dramatic climax of Virginia jus tice which in the last half century gas swiftly sent to death such famous mur- derers as Cluverius, Philips and Mccue- At the close of a powerful address by l.. O. Wendenberg. the voluntary assist- ant of the commonwealth in the case, the suspense was felt not alone in the court rcon, but in Richmond, where thousands of people awaited the outcome.
 The jury had for II days heard evidence, or two days speeches, but the woras or Wendenberg rang in their ears as they
 
 Wendenberg's Plea
 Let that man go free?' he cried. What. let that man go free? Why the motherhood of Virginia, the womanhood of this nation will shudder in terror as the security of it's life is threatened. Let this man go free? The man who basxed in the degraded sunshine of another wom- an while at his home a young wife nursed his child? Gentlemen, I merely ask you in the name of justice to do your duty" In vivid detail the prosecutor portrayed tho wife as she started on her innocent journey into the cool air of summer night The jury saw again in their minds the automobile in which she rode beside her husband; how Beattie stepped into the darkness of the thicket, found the shotgun which he had earlier concealed, and deliberately slew his wife.
 The desperate ride home, with bleed Ing and lfeless body, crushed Into the small space in the front part of the ma chine, the husband coldly sitting against the blood covered head of his wife, were graphically detailed to the jury. Only passing attention was given by Wenden-
  Beattie, cousin of the accused. The de- fense had claimed, he said, that on Paul's story alone was built the case of the prosecution. but he held aloft the blood stained clothing of the prisoner as the mute evidence of the crime" and asked. ..Do you want any other evidence?''
 Blood hecked the lower fringe of the shirt in deep black plots; not mark was on either sleeve of shirt or coat. The prisoner had said that he held his wife with one hand and drove his car with the other, but the absence of blood on the arms, the prosecutor declared, gave the lie to his story.
 Motive for Crime
 Not alone with the clothing did ,he prosecutor disentangle what he termed the cheapest fabrication of the cheapest murder" but he shouted shame at the prisoner for his relations with mere slip of girl. from the age of 13 until within his own married life, and held her forth as the motive for the crime.
 And the prisoner admits that it was his passion" said MT. Wendenberg. Yes 1t was passion, but passion born of the devil and passion that sent to death his wife, so that he might continue his vicious pleasure
 MT. Wendenberg concluded his address a few minutes after O clock D. m. A brief respite was given the jury, and at 5:9S o'clock, 1t began consideration of the case
 For 5s minutes they were together in deep consultation, a jury of simple far mers who each morning sang hymns and strove to forget the story of dissipation,