The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-26
S Swears There We're Blood Spots on SHOTGUN
Officer farrell Brin G S
Out Line of Evidence
N 0 t Published
Heretofore.

In the examine ton of fve wttnes ses
yesterday morning the status of the
case which the State is attempting TO
make out against Henry CLAY Beattie.
Jr.. charging him with the murder OF
his young wife on the night of July
is. was unchanged. and it is yet toe
early in the battle being waged 10
save the young prisoner from the chau
of death 10 foretell what lies in tie
hearts OF the twelve men sitting in
judgment upon him and to say what
day, OF even an hour. may bring
forth
Beattie entered court in his usual
calm frame of mind and took an active
Interest; in the proceedings. He held
occa sional whispered consultations with
his counsel. and at other times kept
his watchful eyes upon the witnesses
or upon the jurors.
AS Judge Watson announced the
court was in readiness. and before thu
jury had been brought in, Harry NJ
Smith. Jr.. of counsel Cor the defense
arose TO argue against admitting as
evidence the amorouS letter written
by Henry Beattie 10 Eeulah Binford
objects to Dculah Letter.
IF Your Honor please" he begxn,
DIR. Loving was on the witness stand
yesterday. and he was questioned in
defendant TO Beulah Binford. Tile let
ter was read 20 the jury, and he was
asked II Beattie admitted ne wrote
the letter and If Beattie was on the
stand at the time. Dr. Loving said
that Beattie was not on the witness
stand at the time We except to the
admission as evidence of the letter. We
want 10 press the poin, and 10 get into
the record the circumstances by which
. he M. rA, irtA I.. IA
have Il complete record of the evidence
before the coroner's inquest. and we
are willing for Your Honor TO take
the record and read such parts OF II
as will throw light on the point in
question. and so that you may consider
my request on the following grounds
He quoted Section 1901 of the Code
OF Ntrginia. which states that in Grim
inal actions other than for perjury and
in actions on penal statutes evidence
given by the accused shall not he con
sidered unless such statement was
given when the accused is a witness in
his own behalf. Mir Smith claimed
That the inquest was a legal eXamina-
ton. and that Beattie was not then
witness in his own behalf
Not Witness Then.
AT the inquest. said Mr.. Smith. Dr.
Loving asked Beattie If he objected to
4
made, and he went upon the witness
stand to throw all the light he could
on this homicide. He was not testify
ing in his own behalf. He was not
then under arrest" said MIR. Smith, and
1t cannot be considered that he was "a
witness in his own behalf When
Beulah Binford was questioned as TO
the authenticity OF the letter, Henry
though not on the witness
stand. though he was still under onth.
and admitted that the letter was writ
ten by him. We claim that this state
ment cannot be used against him.
This statute is made to protect
prisoners and 10 aid the State in ar
irving at correct conclusions, and to
encourage the witness to be frank and
candid in replying TO questions pro-
pounded before coroner's jury"
Was he summoned as a witness 2"
asked the court.
Yes, and he spoke out boldly and
admitted that the letter was written
by him"
The court considered the motion Of
Mr.. Smith and overruled 1t. to which
counsel for the defense noted an ex-
ception.
Hill Carter, of counsel for the de.
Tense, argued then against the indict-
nlent. claiming that evidence had been
aouuCeu 20 snow thht MIS-. Beattie died
OF an injury to her head her brain,
whereas the Indictment specified that
The injury was to her face. The last
physician to- testify" he said, stated
that the would on the face could not
have caused death. The fact that the
wound went through the face and pen
etrated into vital spot the brain, is
not alleged in the indictment our
motion goes to exclude all the testi-
mony which is not as 10 the wound on
the face"
Indictment Stands.
Judge Watson read the indictment
and ruled that il was not necessary tc
hilege with great particularly the man
neT and kind of wound. He said tina
the wound was in the face and. as
matter of fact. it was in the head and
penetrated the face, having its tsrmi-
nus in the brain. He ruled that there
was nothing in the indictment to show
that the wound stopped in the face or
TO confine the wound within any espe-
ci2ily narrow limits.
The court thinks that the motion
should not be sustained. and the gentle
men for the prisoner will except. Can
the jury
George farrell a Chesterfield county
officer. was the frst witness called by
the State. IN reply to questions he
stated that ne was an officer for the
county and had been for about eigh:
years. He went through the history
OF now he was first called into the case
on the night OF the murder by DR. Low
ing county coroner, and OF how he
went to the Owen home. where the body
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