The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-22
CONTINUED from Page Eighth


Ing between the attorneys 1t was
agreed to let the matter go as state
ments on the records But there was
more argument as to when Mr. Smith
appeared in the case.
Then you will swear that / APP
peared before July 2l?" he asked Mr.
Wendenburg.
VIII swear that you appeared b.
forc the Inquest" replied the other.
There viii be no dispute abuu. the
Facts the court interrupted again.
II cannot grant n postponemen, Do
You note an exception"
"Ycs"
Note the exception" Mr.. Stcaogra-
pher." said the court
Are there any further prelimina-
rics?" asked the court
Wanted to Quush Indictment.
Mr. Carter arose to object to the
method by which the grand Jury had
been summoned, and said. 81 move to
q2hsh the Indictment" lie was asked
20 specify grounds for the motion, but
refused as a right.
DO you not think 1t better to plead
abatement, II there be no error upon
the record" asked the court.
lie should specify the error. and II
there be grounds for the motion he
puEhl " pouIt iHeIH Out
The court has asked counsel for
the defense to do SO, but they are
unable or unwilling to do so.'' replied
Judge Watson. THE court requests
that the defense show the error. and
'overrules the motion. AS a matter of
fact" continued Judge Watson, "the
court has stated that 1t summoned
this as special grand jury. Are
9here any other motions, gentlcmen?"
No ha
'Nr. Clerk, you may arraign the
lprisoner."
Henry Clay Beattie. Jr.. stand up"
Said Clerk Cogbill.
The young man arose steadily. and
without change of expression and
averting his eyes only now and then
10 glance at those In front OF him.
stared hard at the clerk.
The long Indictment was read amid
painful silence In the courtroom.
The father OF the prisoner sat still.
with bowed head
"Are you guilty or not guilty.
asked the clerk, as he finished reading
the paper.
Not guilty" repiieh the accused
to interrupt him
II move to quash the Indictment"
tho attorney said hurricdly. He ar
gued that the venire facias for both
the grand and petit iuries had been
Improperly Issued and served and that
tho sheriff had committed an error
thereon But ne failed to convince
the court
'"rhe motion IL overruled," said
Judge Watson
We'll, we want the names of all the
witnesses summoned by the prosecu-
ton" said Mr.. Smith. We are enti-
tied to that; The prosecution is not
to be allowed to summon witnesses
the: have not named"
is there any. objec,icn?" asked the
court.
we nave none" replied Mr.. Wen
denburg. "but deny 1t as a PROPOSE.
ton OF law"
severe on Kidd.
mot all the names Of those sum-
moned have been furnished to the
clerk" said Mr. Smith. Many OF them
have been summoned by the Common
wealth's attorney under a special
statute"
4 know OF no such law" replied
Judge Gregory.
The court hopes the names Will be
given. so that the case may go on"
urged Judge watson.
I'VE have not shown any disposition
not TO give the names" said Mr. Wen
denburg but now is the time 10 en-
consented days aao 10 give names Of
witnesses to the other side. Since then
en- amateur detective Iamed Kidd went
60 John Joseph. one OF our witnesses.
and took him to the jail to Identify
the prisoner as having been concerned
In certain transaction. He told Jo-
seph that II he did Identify Beattie
he would be locked up. He was to
swear that Bcattie was not the man"
II don't know anything about it,"
Mr.. Smith !nterjected, land l don't
believe it"
I'VE ask for nm attachment against
this young man. continued Mr. Wen
,denburg. Ito have him brought before
you to show cause why he should not
be punished for contempt of court"
The matter Is not before the court
as a record said Judge Watson, land
] cannot now take 1t up"
The prosecution intimated however
that the alleged action OF Kidd would
be made matter OF record.
I'VE will give them tho names Of
Jour witnesses as we come TO them"
went on Mr.. Wendenburg. and we
would like them to give us the names
;of their witnesses. Do you refuse?"
,he asked, turning to counsel for the
defense.
! You have no right to ask it," re-
ltorted Mr.. Smith. whereas we have
-