New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-08
'DEATT|E FAVORED
IN JUDGES CHARGE
Emphasizes That No Doubt Must
Exist in Mind of a Single
Juror.
CASE TURNS ON PAUL'S STORY
His Testimony Fiercely Assaiieo
bv Counsel for the Prisoner
Verdict May BE
Reached o-day.

| Chesterfield Courthouse '"'
r,ve hours long in hot ana m"'N'
.,,, Hill carter. with plea OF
both pathos and argument soOs'''
hearts of twelve jurymen in an e'io''
secure the acquittal Of Henry 'ia'
,to g., indicted for the murder OF n's
,.,fo on Midlothian Turnpike last july
| At sunset Mr. Carter conci"ocp'
o~roy- the great battle of the u'a''
rho clash between Harry u. SHl''" =,
nc tho defence. and L. G. Wendenpuis' ~
,,o commonwealth. close friends ana
notable lawyers. is schedu'ed'
he,no expected some time durI"S
night. 4,
From the depth Of an argument J"
,r,,iot no unsparingly denounced f"".
po,,tic cousin OF the accused man on"
,.i,ci,aI witness against him. as
.a,,,iro and falsifier, Mr.. Garter At
! ,,mos fairly shouted TO the JURY as u"
,,orad over the bar. but when the oay
,,as drawing TO close his voice sahA ~
- yhisper If impassioned appeal
.If Won. gentlemen Of the jury ne s''u
in measured tones, can wlthlh 'He
.,t,. Of vour oath prevent the pressing
of tho noisoned chalice to the lips OF thls
o.od fother his heart already bleedlhg
! from the stab OF the dagger which .oo"
away a life. If you can, | say spare Nun
Tho con whom he loves so dearly, ! asA
,.o, ,,ithin mercy to bring in a verdict
| OF not guilty"
Tho loan man OF wrinkled brow ana
su,ler cheeks who sat beside his ac-
cused son dropped his eyes ana raiseu
| his fan 10 conceal the trembling OF MS
llps and the quick gulps of emotion tha'
followed. Young Beatte stared haru a'
the iurymen, his face waXlike ana sun
For a moment there was silence IN the
courtroom. Then Judge Watson looked
at his watch, glanced through the WIN
dows at the long shadows on the green
and without further comment adJoutneu
court until o'clock tomorrow morning'
when the final lap in the race Tor the NE
of Beattie will be run.
Paurs Testimony Frai'.
The day began with the reading oy
Judge Watson of the instructions 10 INC
turv. More vital than usual were they'
particularly as attention was drawn to
the frailty OF the alleged confession OF
Henry to Paul and the manner in which
il came-in Jail from an incarcerateu
witness to the commemorative s attornes'
Other points in the story OF Paul "nich
related to the conversations OF Paul OF
meetings of the two cousins alone, un-
supported by witnesses. were held up as
recurring a careful scrutiny.
r NJ. Gregory. who opened the argu-
ment for the prosecution. laid particular
stress on the awfulness OF the crime the
admissions or the accused h'msst on the
witness stand as to his relations Win
ReuIah Bnford and his continuance OF
them twthstanding his marriage ana
the birth of a child. The prosecutor ap-
nealed to the moral and religious senses
of the iurymen and bespoke in bitter
terms the aversion Of society ana the
nation 10 the life OF dissipation depicted
by young Beattie, his chum. Sampson
and numerous other witnesses.
Quoting from the Scripture and point
ing out wherein the character OF Beattie
had been most revolving in its departure
! from the accepted standards OF morality.
Mr.. Gregory reviewed the details OF the
double life admitted by the accused
while on the witness stand. and held
forth Beulah Binford. the girl of the un-
/ fAr tan
He concluded with the question OF how
the gun bought by Paul Beattie on one
day last July for his cousin happened
To be the identical weapon. by the prls-
oner,s own admission, that was used in
killing Mrs. Beattie.
Mr.. Gregory's speech occupied barely
an hour and "A half, but the one that
followed by Mr.. Carter for the defence
| yyas many times as long A man OF glrth
and great stature, Mr.. Carter overflow
cred the bar, occasionally emphasizing
his remarks with wide sweeping gestures
and a roaring voice.
Dangers Of Circumstantial Evidence.
Mr.. Carter referred often 10 the direct
ress of the instruction 10 the jury. and
at the conclusion of every point cited one
instruction or another as dealing with
the dangers of circumstantial evidence
or the construction 10 be placed on the
testimony OF witnesses harborng preJu-
dice or bias toward the accused man.
Most vigorous was Mr.. Carter's in
vective against the testimony Of Paul
Beattie. He characterized as childish
the collapses Of Paul at the coroner's in
quest. and attempted 10 show that even
the boys grandfather had testified as To
his poor reputation for truth and verac-
! ity Many were the hypothetical ques-
tions he propounded to assert the inn
probability of the murder by the young
husband.
why" he asked I'm rhetorical surprise.
should this young man. II We are to be-
lieve Paul's story, have some one else
buv a shotgun and go about the attack
on his wife i'm this blundering. senseless
-shIon? why could he not have en-
ploved a pistol. practically an invisible
weapon, and one 10 which he had easy
access? And does he look to you like
the cold-blooded brute that committed
tl.is crime?"
| Discrepancies-to his mind--by the
score were cited by Mr.. Carter as show
ing the Inconsistency of Pauls story
~. ION, ,,sh l,.a f.s