The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-25
DEAR KID LETTER.
Beattie's Attorneys Fight to
Have 1t Ruled Out.
They Are Quickly OverruIed by
the Court.
WITH OCEANS OF LOVE
Brimming With Kisses, Is the
Way 1t Closes.
His Father Hides His Face
When 1t Is Read.

Chesterfield. Aug. 25.-The defense
in the Beattie trial met with two set
backs at the opening of court here to-
day. Judge Walter A. Watson quick
" overruled a motion to exclude the
dear kid" letter written by Beattie
10 Beulah Binford and introduced
Yesterday and following this by deny
ing a motion which questioned the
wording of the Indictment as to the
wound being in the face" instead Of
the skull or brain Of the victim as
shown by the autopsy.
Before any Witnesses we're called.
II NJ. Smith. jr., for the defense OBJ
1ected to the introduction yesterday of
Beattie's letter to Beulah Binford
identified by the prisoner at the cor
oners inquest AS Beattle was not
then under arrest the defense cited
ruling barring the use at the trlal or
the testimony not In the defendant
own behalf and given by him while
witness previously
Notwithstanding Mr.. Smiths argu-
ment the court ruled that the letter
should not be excluded.
Hill Carter, for the defense, then
took up the point that the Indictment
against Beattie refers to wound IN
Louise Beattie's face" rather than to
the skull or brain and that all testl-
mOny relating to wound oLher Cndn
in the face should be excluded. But
the court held that in as much as the
Indictment specified penetration OF
the face there was no ground for sus-
tanning the defenseS contention.
George FARRELL, a Richmond detec-
tive, was called to the stand and re-
lated the prisoners story of the road
way encounter and testified that
Beattie said his wife's aSsailant ran
into the woods. Thomas Owen, Beat
ties uncle-in-law. testified yesterday
that the defendant had told him that
the man ran up the road. The prose-
cutiOn offered map of the scene of
the crime on the Midlothian turnpike
the defense Immediately objecting to
its Introduction farrell, was asked to
describe where the blood spot was
found
Where Blood Spot Was Found.
About IN the center of the road
How far from the left hand run
ming board Of the carp
About 2 or is inches"
WAS It possible for a human being
in the car"
we object" cried the defense and
the objection was sustained
Counsel asked the witness if there
was any blood on the gun found near
the scene Of the crime.
Eyes, sir, there was said FARRELL.
Then describing the bloody car. the
witness took the view Of Detectives
Wiltshire and Wrenn, who testified
yesterday that blood could not have
run through the machine to the
ground.
did YOU see the accused weep on
the night of the murder?"
mo. sir, I did not
The court cautioned the witness to
express no opinion as to Beattie's
grief, but to relate simply what he
saw.
Mandy Alexander, a negress. was
called to testify as to the finding of
the gun.
She was dressed in blue calico and
wore a big straw hat Beattie eyed
her closely and smiled.
Did you find a gun on the railroad
tracks near where Mrs. Beattie was
murdered7"
yes. sir" said Mandy with a drawl.
"about or . o'clock in the morning
after the murder. ] thought 1t was a
track walkers gun, picked it up and
then let it lay"
The gun was handed to her and she
identified it.
She related how she had met T. P.
Pettigrew, a white farmer, and had
told him of her finding. Cross ex-
animation failed to shake her story.
Jerry Reynolds. a gray haired ne
gro. was next called. He had picked
MP the gun after Manday had gone,
but soon met Pettigrew and turned it
over to him The negro held the gun
I'm his hand as he sat in the witness
chair and identified it.
Cross Questioned by Defense.
Cross questioned by the defense
Jerry said he had seen no automobile
tracks near the spot where he picked
up the gun. Beattie's story is that he
tore the weapon from the highway
mans grasp and threw it into the back
part of the autOmob from which il
1arred out while crossing the railroad
track. The prosecution Will attempt
70 show that he hurled the weapon
from the car with the hope that il
might be destroyed by a passing train
Luncheon recess was ordered al
1:15 p. m.
L. 7. Scherer. claim agent for the
Chesapeake 81 Ohio railway who has a
reputation as special investigator
came next on the list of Witnessee He
has had almost entire charge Of the
Beattie case and through him the state
homes to review all that a months in
vestigatlon has disclosed
While Beattie slept in the Jail rerf
last night his blood stained automobile
stood under the sycamOres fin the court
house yard to be examined by the
Jurors today with view to ascertain
ing whether the blood could have
dripped through to the roadway The
commonwealth charges that the blood
stain in the Midlothia turnpike could
not have been made unless Mrs. Beat
tie was taken from the car. Tie do
Tense holds otherwise and the question
is to be determined by the jurors them
selves. The usual crowd was ~ hant
for the opening of court today ant
Henry Clay Beattie, sr.. was an early
arrival
The Binford Girl.
or the seven witnesses called yester
DAY. two were physicians. DR.. Herber
Mann and DR.. Wilbur Mercer who ex
amined Mrs. Beattie's body on tn
night OF the murder The others wer