The Birmingham age-herald., 1913-02-08
JURY FINDS BEACH
INNOCENT OF CHARGE
OF ASSAULT ON WIFE
{ Continued from Page One.)


argument He ridiculed the story told
by Mrs. Beach and characterized 1t as
a mere fabrication" made up by Beach
and later corroborated by his wife for
the protection of the former.
What probably happened was this"
said the solicitor. Mrs. Beach went
out with her dogs and when she did
not return within a reasonable time,
Beach became suspicious and started
looking for her. Going out into the
side street and back of his cottage
where he could command a clear view
of the hole in the partition fence be-
tween his premises and the Lyons prop
erty Beach saw his wife in conversa-
tion with some one on the other side.
''Snatching a paling from the picket
fence he rushed around into Hoods
lane and through the big gate leading
into the Lyons yard. At the end of the
hedge he encountered the negro SER
want, Pearl Hampton, stationed there.
When he struck her with the pailing,
her screams gave the alarm and the
person he was after fled through the
big gate. Failing to catch that person,
Beach pursued his wife through the
hole in the fence, overtaking her in
the side yard of the Beach cottage
where the assault occurred.
Mrs. Beach staggered into the house
Beach raped loudly on the door. de-
manding: It's me, Beach, let me in 3"
Mr.. Gunter said he was confident that
the presence of Miss Hollins in the
house might had saved Mrs. Beach's
life He said that there was no evil
dence to show that Beach's diamond
studded penknife was hanging to his
watch chain that night and no evidence
to disprove the states theory that the
oh mr. y,
knife. was not from Mrs. Beach's
throat
"It Is absurd" said the prosecutor,
for Beach to contend that he rushed
upstairs, got his revolver and made an
examination of the premises between
the time three persons in the Wyman
hausehold heard the door slam and
Beach's knock on the doors"
Speaks for Defense
The three attorneys who spoke for the
defense charged that Beach had been
prosecuted and said that If he had been
an ordinary person on trial they never
would have put on a single witness in
defense against the "fiimsy case which
they presented"
Congressman Byrnes for the defense
declared that 1t was most extraordi-
nary TO find case prosecuted in which
the prosecuting witness was a witness
for the defense. Judge w. Q. Davis.
said it was case which the Jury
would have to decide, mot ON evidence
but on lack of evidence" Col. ID. S.
Henderson charged that the Indictment
against Beach had been brought on
information obtained by detective
whom the prosecution "did not dare to
pr oduce."
After the jury in the Beach case
had been out an hour this afternoon
three raps were heard on the door of
the jury room. The jurors were not
ready to report, however. but had
merely sent out for ice water. Court
was in recess at the time and the ver-
dict could not be announced even II
reached before o'clock. Beach and
his wife went to dinner but couple
of lawyers for the defense remained in
the courtroom.
Crowd at Trial
The society colony of Aiken turned
out in force to attend the last day of
the trial.
Mrs. Beach, attired in her usual
brown dress, sat again beside her hus-
band.
When the case was taken up at $3.50
o'clock, Judge Spain expressed the de-
sire that the case should go to the jury
before the end of the morning session.
Representative Byrnes first addressed the
jury for the defense. He contended that
the prosecution had failed to produce any
evidence to connect Beach with the as
sault As he spoke Mrs. Beach appeared
weary for the first time during the trial.
Resting her chin upon a gloved hand she
gazed at the lawyer through feared eyes.
Byrnes spoke for half an hour and
then yielded the remainder of his time
to Judge w. o. Davis of defense counsei,
who made an eloquent appeal to the jury
in behalf of Beach. Col. ID. s. Henderson
closed for the defense. He began by read
ing to the court the Instructions he asked
to be included in the judges charge to
the jury.
No Motive Shown
What motive did Beach have for cut