The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-05
Supreme Court Asked
for Writ of Error
and New Trial.
ENTIRE TRIBUNAL
Ii K ELY TO ACT
Decision Not Expected Until
After Beginning Of Regular
Term Next Wednesday--Gov-
crnor Will Not Interfere
With Beattie's Transfer
TO Penitcntiary.

In the hands Of the Supreme Court
OF Appeals OF Virginia rests the fate
OF Henry Clay Beattie. Jr.. under sen
tence OF death in the electric chair
on November 81. Tor the premeditated
murder OF his young wife. Mrs. Louise
owen Eeattle. Attorneys for the Or
oner hlcd tho petition for writ OF
error to the Judgment Of the Circuit
Court Of Chesterfield county. witn
Judge James Heith president OF the
court. yesterday morning.
CONSIDERING the near approach If
the regular autumn term OF the court,
the general bvEef among those
familiar with it's usual procedure is
that no action VIII be taken In vaca-
ton. but that the petition ana record
w!ll oa hello hero SO that the entire
court may pass upon the questions in
volyed
Time OF Action Doubtful.
Attempts 70 forecast the date of
hction b. the court would be mere
speculation. II Is entirely possible for
Judge Keith to act al once upon the
petition. although, FOR reasons pointed
out. this is improbable. AZ any day
after the court meets IL might get to-
gether for discussion OF tho ques.
ton and hand down an opinion.
In very few cases, the Supreme
Court has seen ~ TO prepare a writ
ten opin!on in refusing writ OF error.
Should TINS course be followed in the
Beatte case, IL Is quite likely that &C
ion would be taken on Sovemb Der IS.
which VIII be the nrat opinion day of
the term
Petition Not Public.
No intitnat ton as to tho contents
Of tie petition could be secured from
IL III Smith. Jr., ano Hill Carter, the
attorneys for Beettie. Mr.. Carter. who
took the papers IN person to the home
Of JUDGE Keith, feared that any put
merry might DE somewhat dlsoourteous
10 the court.
The request for now trial is based
on seventeen OF the exceptions taken
during The trial before Judge Watson,
THIS being tie number OF bills pre-
pared. Naturally. the rulings of The
trial Judge as 10 the sdmtesibllity or
non admissibilIty OF certain evidences
VIII be treated OF. as well as such
supposed irregularities IS may have
occurred 10 the minds OF the lawyers
the trials
Upon such arguments as are set out
In the petition the attorneys pray that
the Judgment OF the Circuit Court be
reviewed and reversed. and that tho
case be remsRded for new trial
VIII Go TO Penitentinry.
Aocing TWO ana two. and ascertain
ing the result TO be four. II Is now
apparent that Benttie will be taken ON
next Thursday 10 the State Pcntten-
tiary there 10 be kept until the hour
Of his execution. Governor Mann indi-
Gated yesterday that he does not pro-
pose TO take cognizance OF the Beattie
case until II has been finally passed
upon by the Supreme Court He does
not consider the matter properly be-
fore him until the condemned man has
exhausted the. possibilities OF the
a 10
wealth.
In view OF the improbability Of ac-
Won on the petition until the court
meets, Il seems extremely unlikely
thEt Judgment on the appeal can be
rendered until after next THURSDAY.
Under the law, that will De the last
day Tor the removal OF Beattie from
the CITY JAN to the penitentiary. for
thirty nor less than fifteen days prior
10 tho GATE set for the execution.
Might Grant Rcprie,e.
In saying that he would DO nothing
Until! tina higher court is finally heard
from, the Governor did not mean that
he would refuse 10 Interfere In the
event the appeal IL still pending at the
time for the eleetrocution. In that case
ne YOU'D or course grant respite
10 await q decision
No request has been made 10 the
executive that he give respite at
once which action would obviatc the
.ahiHS oL Sea tie 10 the peniien'iary.
II Is not now Believed that such a re-
quest VIII be made at this time In
all PROBABILITY the law will take its
course and the prisoner be removed
day.
If the Supreme Court grants a writ
OF error and supersedeas such action
VIII act as stay OF execution. and
the case Will he placed on the docket
Tor hearing. in all likelihood at the
January term. II the writ OF error
Is refused the Governor will be the
Deluged With Letters.
Every day the executive receives
letters regarding the case. Their num-
Der is now so great that he docs not
attempt to answer them He asked
the newspaper men yesterday to saw
that the writers need expect no re-
plies. and that he will not even read
them until the matter comes before
him. since It is not nov in his hands
Some OF these missives come from
people not apparently well balanced:
other read intelligently. Opinions diff
the writer's urge the exercise of
clemency, others ask the Governor 10
let the. law take its course.
One man, whose name Governor
Mann does not know. called at the
executive Offices a few days ago and
made the direct request for a pardon
for Henry c. Beattie, Jr.
1t is stated that the record an re-
ceived from the Chesterfield clerk com
Drises 100 typewriter pages, and
that the petition covers about thirty
Epruern trroiuncJ