The Birmingham age-herald., 1911-09-08


 Watson declared that counsel in th' argument might refer to portions of testi l mony mot fit for ladies to hear. ant 1 requested all women in the court room ts l leave Judge Watson then read the in structions to the jury.
 The prisoner listened intently to .ht reading of the instructions and smiled when they had been concluded. l.. NJ | Gregory began the argument for tht prosecution at 10:55 o'clock.
 Gregory Begins
 The record in this case shows. said MT Gregory, that ''on a dark night. July IS the soil of this county was stained by some high assassin with the blood of an | innocent woman. l believe l can show that no other man committed the crime but the husband of that woman with the l very gun, You gentlemen of the jury have | examined here. He was the only man l seen on the spot that night and he was | armed with the same gun he has. hers l identified. You have one significant fact. | Policeman farrell tells the jury the light l on that machine threw it's luster 75 to 100 yards on the road affordng sufficient 1 light to see anybody standing in the road. The milkman, Mr. Sydnor, tells you l he saw a, man standing alone at that spot with gun and in state of sprepara- ton. Then before the end of that night the prisoner went to the top of the hin l on Midlothian turnpike to see if the hellish crime could be detected."s l Mir Gregory reviewed the evidence l of the boys who came from dance at Bon Air on the night of the murder, arguing 1t was the prisoner and none | other whom they saw crouching In front of the machine while woman stood on the running board.
 Major Patton," he continued" a l highly respected citizen of our com I fnld hnr ba drIa I with the accused at the scene of the murder soon after 1t hapepned and gave you the Very words of the prisoner as he identified the gun as the one that l had killed his wife"
 Please read to the jury MT. Greg ory" interrupted Judge Watson, the testimony of Major Patton on this | point"
 | MT. Gregory read the portion refer red to, first contributing his own state | ment as to the Identification of the | gun and then pointing to the conflict | ing remarks of the accused when he first told Major Patton that he thought the man had been standing in the road in front of the machine and later declared the alleged highwayman had come suddenly from the woods to the roadside
 MT. Gregory launched into scathing attack on the testimony of Charles Kestleberg who said it was he, not Beattie, the boy witnesses saw with a. woman standing on the running board. Ridicules kestleberg Here is a man. declared MT. Gregory with wide sweeping gesture, who on a drunken spree tries to tell us the hour he was on the Midlothian turnpike, when he was on several roads that night with a woman dressed in white. And the boys, honest young men, tell us it a diff Iferent make of car they saw and the woman dressed differently standing on the running board and the machine mile nearer the crime. They tell us also tho exact hour, which corresponds almost 10 the hour of the crime. 1 don't believe there is a Christian man on this jury who believes thing this man Kestleberg has Isaid."
 MT. McGregory's speech tingled with re- ligious fervor. Often he quoted scripture and in a trembling voice referred to Cain and Able as the first homicide
 Henry Clay Beattie, Jr should have been the keeper of his devoted wife," said Mr. Gregory, but he became a traitor and forsook her Why, we're not legally quired to prove motive but the common wealth has gone beyond and unlocked the door of Henry c. Beattie, Jr.'s affections He went to the red light district for his affections he went to the red light ls- trict for his affections, while tender babe was on his wife's breast"
 Bitter denunciation of Beulah Bin ford followed as MT. Gregory charged that Beattie was the direct cause of her coming last spring from Norfolk to Richmond
 We have traced to the second the purchase of the gun by Paul Beattie and it's transfer to Henry" he contin- ued, but the reason for getting the gun was not given to Paul.
 Poor, unfortunate Neblitt, who said he saw Paul with a gun the day of it's delivery to Henry has been over whelmed by the evidence of four men who were there at the same time with him and Paul and saw no gun.
 My God" exclaimed MT. Gregory T hope l never shall see as black a char acter as has been depicted to you by the witnesses that of Henry Clay Beattie. Jr., the man who showered his affections on the woman of the red light district. And Douglass Beattie, a brother of the accused, has told you the relations of Henry Clay Beattie Jr., and Beulah Binford were known to all"
 The prisoner, his face sallow and drawn. sat rigdly in his seat at the bar during the argument, staring at the prosecuting attorney. Often his grey eyes flashed and his jaw dropped. Beside him were his aged father and his brother Douglass.
 Mir Gregory next referred to the tes- timony of Mrs. R. V. Owen, mother of the dead woman and drew attention again to her pitiful tale of the domestic infeicity of her daughter
 Contrast thls,'' he continued with the witnesses for the defense who try to tell us the prisoner and his wife were happy. Contrast this, I say, with the lament of the mother and that of her daughter, too, spoken through Owens lips of the physical ailment of the accused and how it rent asunder in grief the heart of the young wife"
 Mr Gregory finished his argument at 1920 o'clock and Hill Carter began for the defense.
 Carter Speaks
 There is in your hands. gentlemen of the jury" said MT. Carter. "the question of life or death of this young man. 26 years old, don't say that his charac- ter is perfect. There have been disclosed his relations with Beulah Binford, which show that he is not perfect man, but is that phase of his character an issue? There is nothing. I say. gentlemen. in his character which would indicate that he is the cold blooded brute who com mitted this crime.''
 During the speech of MT. Carter tears streamed down the face of the prisoner and he brushed them aside nervously with his handkerchief
 Why did not they bring Beuah Bin ford here today to testify?' asked he. Tt Is a well known principle of law that if one side has evidence which it with holds from the jury it is a suspicious | circumstance. Why did the commonwealth