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

homicide If we can show, as we in- tend to, that Pauls testimony Is unre- liable and there is a reasonable doubt in your mind, then, according to the
 judges instructions, you have no case against the prisoner" sarf -s5
 The attorney asked why should the
 prisoner, if he committed this crime,
 have his cousin buy a shotgun when he could have more easily used pistol? And why did Paul conceal the gun?" ..He says" added MT. Carter, Henry did not tell him to conceal the gun, and
 gave him no reason for the purchase. No living being saw the gun in the
 hands of Henry Beattie except Paul. Isn't this one of the facts that should
 be severely scrutinized when you are asked to convict on circumstantial evi- dence?"
 Mr Carter continued:
 Paul. on the witness stand, when asked the places where he had worked. omitted purposely the butcher shop next
 door to the pawnshop, a very important
 place. and suspicious circumstance.
 why did Paul tell the boys in the
 pawnshop that he wanted the shotgun
 for use on the bridge, where he worked,
 and why didn't the commonwealth, hay
 ing secured this information from the
 pawnshop boys, whom they did not sum-
 mon as witnesses. bring this out on the witress stand?"
 MT. Carter referred to Pauls conduct on the witness stand.
 "Why this collapse at the coroners ln- quest? He had found out that the gun which he had bought was found near the scene of the murder. He said he was in a terrible fix and it was up to him to lay the gun on somebody. and wasn't that the reasonable motive for his accusation of Henry and what led to the invention Of the confession?
 You'll find throughout Pauls testi-
 mony scraps of evidence which show his resertfulness toward his uncle and cou- sin because they had more money than he"
 Feature in Carter's Speech This excoriation of Paul Beattie was the feature of Attorney Carters argu- ment:
 Did not Paul Beatties testimony before the coroner stamp him with the stain of guilt and brand him as man never gain to be believed or trusted? Mr. Carter shouted. "and was not that baby colic that catnip and faking fit. sufficient to show him up as false to the core telling enough to clear his own soiled shirt?
 Paul admitted he was in an ire sponsible fix. The gun was about to be traced to nm. Tie WAS put III ldii- Four days, afterwards he blossoms out with a statement which he said was the whole truth but which he subse- quently amended with a remarkable confession, said to have been whispered to him by Henry. Dare you convict an innocent man on the palsied work of such person Verify, if you do such a thing his spirit will rise like Banqo's ghost and haunt you to your dying day.
 The gun, I believe, was hidden in the cement house and never given to Henry at al. Paul was the man. for it has not been shown that Henry ever received the gun. Paul, the fakir, had the gun. Gentlemen, there Is the end of the case.
 "The commonwealth vainly attempted
 to bolster up Pauls story but could do
 no better than call witnesses who eith-
 CT knew Paul but slightly or knew him several years ago in New Kent" Counsel for the defense tonight ex-
 pressed satisfaction with the courts instructions to the jury, while the pros ecution merely commented that the in structions were similar to the case of former Mayor McCue of Charlottesville Va, who was convicted and hanged for murder some years ago. The particular instructions which at tracted attention obviously referred to the alleged confession of Henry to Paul Beatie the night after the murder. The instruction reads:
 "The confessions of a prisoner out of
 court should be acted upon by the jury
 with great caution, and if the witness
 testifying to the confession has mo- tive for. testifying thereto, or If the | facts so brought out are advantageous to such witness, the jury ought not to | convict upon such confession alone un : less after careful examination. satis- | field beyond a reasonable doubt of it's truth"
 | MT. Carter finished speaking at 5:25 D.
 m. and court adjourned until tomorrow. | Beulah Released | Richmond. Va, September Paul
 Beattie and Beulah Binford. detained as witnesses for the commonwealth in 1 the Henry Beattie case were released | from custody in Henrico county jail to-
 day by order of Judge Walter A. Wat
 son of Chesterfield circuit court. | Paul Beattie went at once to his
 home and remained there all morning
 with his family, greeting neighbors and
 friends and enjoying his liberty to the | fullest degree. He says he intends to
 do nothing else for month and then
 he is going to New York to go into vaudeville. having received offers that
 he is "too poor to refuse"
 1 Beulah Binford remained in prison until late In the day, packing her cloth ] ing and toilet accessories and awaiting l to decide just what course she should pursue when she actually walks its
 portals into the next chapter of her
 check cred career is| Shortly after Ill o'clock the cause ot
 Beulah's delay was disclosed in the ap-
 pearance at the jail of agents for a 1 New York moving picture company They had private conference with the
 woman and a little while later she an nounced that she had signed con tract with them and would leave with l them for New York on the 12:O1 train to pose for their moving picture products
 ~Beulah Binford left Henrico county courthouse fin an automobinle at 13J
 a. m accompanied by an agent of the