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

her with one hand while he drove the lear at 55 miles hour
 There is a witness stronger than human lip" said the speaker, as he point ed to the clothes. that cannot commit perjury. The body never laid up against | that arm, and the coat also speaks. No bleeding form ever laid up against that spotless garment. Mute testimony it Is, and you cannot come to other conclusion than that guilt gave birth to the lie of lthe accused"
 A Remarkable. Thing
 And then a most remarkable thing lThis giant of 200 pounds allowed this lt- Itle stripling of 135 to take away the gun and when in the grapple the accused fell to the ground, this giant of six feet IwaIked away. Is that possible, gentle linen?
 And 1t is suggested by counsel for the defense that he could more easily have fused a pistol Don't you know the first lquestion he would have been asked when he returned home was why the other cart ridges in the pistol did not either kill him or the highwayman if he had wrest- ed the pistol from him?
 Tn many respects this is the cheapest lcrime have ever heard of. On the might of the murder this man put on tho oldest suit he had, bought March 3, 1908, and suit which Mrs. owen, mother of the dead woman, said she never before lsaw on the accused. He was too cheap Ito spoil any but the oldest suit he had lwith the blood of his wife,"
 Was that in the testimony?" asked MT. Smith.
 Yes" replied MT. Wendenburg. Mrs. |Owen testified to it."
 The prisoners jaw sagged and he 1er- vously motioned with his fingers a de- Inial--two fingers denoting that he had later. after a consultation with his coun- Isel, rested his head on one hand and re- lsumed his gaze at the lawyer. Counsel for the defense objected to the language of Prosecutor Wendenperg as he warned the jury that if they let Henry Clay Beattie, Jr., go free, they would deprive womanhood in Virginia or It's security"
 Judge Watson overruled a motion to lhave the jury disregard what MT. Wen- denterg had said, and the defense noted lan exception. MT. Wendenburg concud- ed his two and a half hour arraignment at 5;@ p. m, ending the arguments, and
 the case was then ready for the Jury.
 Judge Watson thought It best to nave
 
 beginning consideration of the case. sfe
 asked Sheriff Gill to take the jury outs:oe and bring them back in 15 minutes. -ne
 prisoner also was given a brief airing,
 but when he went on the lawn Ofg
 crowc assembled around him, ana ne
 asked to be taken to his cell. Beattfe seemed refreshed after the prosecutor S
 long address. He smiled as he took nfs
 seat at the bar
 The jury returned to the courthouse
 after it's respite and Judge Watson pref } ly delivered the case into their hands.
 The jurors entered their room at 5:23 } D. nj They were informed by Judge
 Watson that If they desired to see any of } Ithe exhibits in the case, namely, the shot
 gun, the blood stained clothes or the ret
 ters of the Binford girl. they would be brought to them by Sheriff Gill.
 Waiting
 The prisoner sat In the bar reading | a newspaper. The crowd in the court , room seemed excitedly nervous. After a few minutes, however, the fortitude of the accused broke and he put the
 newspaper over his eyes and those standing close to him could observe his : twitching lip as if he were uttering a prayer. His aged father beside him
 likewise bent forward reverently and , besought divine aid. This action of the prisoner was unobserved by most of the , people in the room because he covered his face.
 At 6.26 D. m. the jury returned to the court room and announced verdict of . guilty of murder. The court pointed , out 1t was necessary to state the de- f gree of guilt as under the Virginia law , every murder is presumed to be in the , second degree unless otherwise speci- l fled.
 f "The jury again retired and after being lo,, ho,1 mir tac xpit 7 dict of murder In the first degree The defense moved to set aside the
 verdict and the court overruled the motion. saying questions of law did not enter materially in the Jury's decision The defense then asked for ninety days : in which to file a petition of writ of error to the state supreme court of appeals. rIH Prosecutor Wendenberg objected to what he termed the unnecessary delay : in the administration of justice in this
 case. MT. Carter declared the defense l already had beenN forced to an early } trial.
 !; Meanwhile Henry C. Beattie, Sr., had his arm around the prisoner and they were engaged in earnest converse tion
 , Mr. Wendenberg read a section of the
 code of Virginia citing the law that g person sentenced to death may ask fol , and obtain stay of execution for not . longer than thirty days after the next
 term of the court of appeals. Judge , Watson set November 24 the day .. to which execution of sentence would be deferred. s New York September S.-The local the , atrical promoter who brought Beulah Bin
 ford to this city to exploit her on the { stage, has abandoned the idea
 | m mind ! girl up," he said this afternoon The promoter declared certain Rich f mond lawyers had interested him in the Igirl as a theatrical venture He said r they had one of their clerks conduct ne f gotiations. and they were to get a per Q centage of the girls earnings. r The Binford girl posed for motion pie t lures this afternoon on Staten Island. } Louisville, September S.--Callng on all l other Woman's Christian Temperance