Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-08-31
seat by Beattie after the encounter
with the alleged highwayman.

The prosecution attacked this line
of evidence on cross examination. l,
contended the railroad crossing where
Beattie asserts the gun must have beer
elected from the car was smooth anc
that the Jolt which might have re-
suited from crossing the tracks where
the rails are exposed necessarily would
have tossed the weapon forward Of the
crossing instead of directly sideways
parallel with the track, where the gur
was found.
The idea Of the prosecution has been
to indicate that Beattie himself slowed
down at the crossing and threw the
gun to one side on his way to the
Owen residence with his wifes body.
Testimony 40 TO hishwayman.
The defense sought to show that be-
ing held up by highwaymen while mo-
toring in this vicinity was not an un-
common occurrence and put on the
stand ac hauffeur who related an ex.
perience with q highwayman a year
ago.
The commemorative attorneys OBJ.
jected to the testimony as irrelevant
Judge Watson ruled that unless a great
many instances could be pointed to
showing holdups of similar character
to the one described by the prisoner
evidence as to single incident OF the
kind would be ruled out. The defense
announced that it intended to give
other instances later.
4eattie's counsel attacked the declar.
alton Of Sam Talley that he heard on
the night OF the murder a shot and the
scream Of a woman on the Midlothian
turnpike. Several witnesses testified
that the morning after the murder
when Beattie talked with Talley and
others, nothing was said about a wo-
, man screaming.
An amusing incident occurred when
the defense put on the stand William,
Pemberton, man Of IS, to attack the
truthfulness and character Of Talley
Pemberton's own memory was ques-
toned by Prosecutor Wendenburs
"Are you right in your mind" asked
the prosecutor.
what do you mean: am l crazy?"
Pemberton asked.
"Well. no."
Didn't you have nine cats chained
in one room in your house once?" asked
the prosecutor.
NO"
"well, weren't there pictures taken
Of those cats?"
"May be-
Witness Starts Flood Of Talk.
Here the witness fidgeted and began
to show signs Of embarrassment. He
turned on Mr.. Wendenburg savagely
exclaiming:
Look here, man. are you trying tc
cross-examine me? You are talking ou,
of your head"
The witness continued talking rapid
ly, but his remarks were drowned ir
the laughter of the courtroom, and ever
after Judge Watson had restored or
der the witness talked on in lightning
like speed until the court ordered him
to stop. Even the defendant Joined ir
tho laughter. and was. the last in the
room to regain his composure.
The prosecution earlier In the day
produced fourteen witnesses-mostly
county detectives-to controvert the
testimony of young Alexander Rob-
ertson as to the presence Of more than
one blood spot on the Midlothian turn
pike where Mrs. Beattie was killed.
The state had contended the big
blood spot where the murder occurred
was not caused by dripping from the
machine in which the husband alleged
his wife was seated when shot. declar-
ing no blood could have oozed thru
the bottom Of the car and the grease
drip pan beneath.
1t was only detail in the case, but
by concentrating attention on the sin
gle spot Of blood the commonwealth
sought to show the woman was muir.
dered In different manner from that
described by the husband