Nebraska Newspapers

    THE NORFOLK WEEKLY [ NEWS = JOURNAL.
. . . , .
OljK. NKHU'ASKA. I'MtlOAV. XOVMlHKH IM I'.Ml '
SIGNED STATEMENT GIVEN
OUT AFTER HIS DEATH.
HAD CONFESSED TO MINISTER
ADMITS AWFUL CRIME OF
SLAYING YOUNG WIFE.
HE WANTS PEACE WITH GOD
'Tho Electric Current Is Turned
Into Seattle's Body at 7:22 :
O'clock Friday Morning , and
Death Results in One -ute
A
Richmond , Va. , Nov. < Sf
Henry Clay Beattle , jr. , be
fore his death In the electric
chair at 7:23 : a. m. today ,
confessed to the murder of
his wife. The statement was
given ; out In the rotunda of a
downtown hotel , as follows :
"I , Henry Clay Beattle , jr. ,
desirous of standing right be.
> fore God and man , do on this ,
the 23rd day of Nov. 1911 ,
confess my guilt of the crime
charged against me. Much
that was published concern-
'Ing ' the details was not true ,
but the awful fact , without
the harrowing circumstances ,
remains. For this action , I
am sorry , and bellevjng that
I am nt peace with God and
am soon to pass Into His
presence , this statement Is
made. "
Seattle's confession was
followed by the following
statement by the attending
ministers :
"This statement was sign-
sd in the presence of the two
.attending ministers , and is
the only statement that can
and will be made public by
them.
"Mr. Beattle desired to
thank the many friends for
kind letters and expressions
of interest and the public for
whatever sympathy which
was felt or expressed. "
"To go before your maker with
Jio upon your lips , " exhorted the pai
ior , "Is sacrilege. If guilty , speak. "
Dresses With Usual Care.
Beatllo passed a fairly peacefi
night , although his sleep was brokei
When he arose this morning h
dressed with his usual care and at
sparingly. , He did not appear elthc
nervous or apprehensive , although h
was Incessantly under the eyes of hi
guards , who had redoubled their vl |
ilance in the final moments so tlu
.the law might not be cheated-
During the reading of Uie deal
warrant the doomed man maintalne
his composure. He stood without
tremor.
As the superintendent finishei
Beattio swayed , but so imperceptibl
that ho might have been shifting hi
weight from one foot tothe otlie
When the deputy wardens fell In o
either side of him ho bowed his hca
a moment.
Death March Is Begun.
"I am ready , gentlemen , " he sal
simply , and the death march was b
V
gun.Just
Just before Supt. Wood and -his - UK
appeared Rev Dr Fl\ knelt In prayer
with the cemdeiunod man. He prayed
for divine forgiveness for him. Beat
tie appeared affected.
No Member of Family There.
No member of the Beallle famll }
was present at the execution nor al
at the penitentiary when the deall
march was begun. Preparations foi
the reception of Douglas Ueattlo
brother of the doomed man , had been
made In the stiperlnlendcnt's office
but the young man did not appear
The failure of any members of the
family to bo present was welcomet
by the prison authorities , for Ihe }
feared their charge might break dowi
at the last moment.
In a downpour of rain , the twelve
witnesses to the execution tollci
through the murky dawn up the hi !
0 the penitentiary that looked dowi
, the city. They were quickly con
'
* f - \ single file through the gate ;
, y J , ' bars lo Ihe chamber where
1 OQ/S r s lo offer his atonement
Th. 6 > < / - 10 conversation.
WK jo chamber all was in read
Incss. no chair , a solid structure o
oak , would ordinarily have appearee
like the chairs seen in libraries. Ii
the somberly bare chamber , however
It was sinister.
The Chair a Grewsome Sight.
Straps dangled from Its arms am
back , and steel clamps appeared h
the light of the electric like tentacle :
outstretched lo clasp Iho victim. Thi
witnesses wore scaled six abrcasl , h
an angle of Ihe room. They shufflei
their feet uneasily and when on <
leaned forward to speak to anothe
his action was received with frowns
Maj. Woods , with two deputy ward
ens , addressed the witnesses , golni
through some small formalities de
mandcd by tiie law.
Then , with his two men trooplni
behind , he passed out into the build
ing , where Beatlle awailed the sum
nions in his cell adjoining.
In the death chamber the voice o
the warden could be heard plain ! ;
reading to the doomed man the flna
summons. The warden's voice dronei
on , It seemed to the witnesses , intei
minably. In real length , the compll
ancej with the law occupied only :
brief moment.
All Dark But the Chair.
Then , with Beattle between them
the deputy wardens began their prepress
ress toward Ihe chair only a few fee
away. When Ihe procession , followci
by Supl. Woods slarted , a signal wa
given which plunged the death chan :
ber into darkness , save for a singl
light Immediately over the chair. Thi
was so hooded that It outlined th
chair In a circle of blazing radiance
so Intense that the remainder of th
room seemed in utter darkness. Th
witnesses scarcely could see eao
other. The prisoner saw nothing bu
the chair.
There was no delay in preparln
for the end. Beattie took his place
the prison surgeon and the eleclr
clans adjusted Ihe slraps , a half doze :
clamps were quickly thrown int
place and snapped. The cap , resemb
Ing a leather football head harness
was adjusted and the men steppe
back.
Death Current Turned On.
The warden raised his hand. Ii
stanlly Beattlo's body sllffened wit
such violence thai Ihe slraps creake
with Ihe slraln , Ihe clamps rallied a
though they \vere cast by hands c
death and then that which once ha
been Henry Clay Beatlle , jr. , relaxee
It was just 7:23 : a. in. , when th
shock was applied. One minute latei
Beallie was dead.
The surgeon had gone torward will
a slelhoscope , bad listened for at :
other faint beating of the heart tha
less than sixly seconds before hai
lived. Ho stepped back.
"Ho is dead. "
The witnesses filed out. One o
two were ghastly pale as they steppei
into the early morning light.
Carriages were waiting for the wll
nesses , and they were elrlven rapldl
away. The identily of but few wa
known. After the formalities ha
been complied with and the witnesse
had gone , Ihe body of Bealllo was re
moved from Ihe chair and taken t
Iho mortuary room adjoining. Her
it was laid to await the coming c
the coroner , who arrived * shortl
afterward. The Rev. Dr. Fix remaine
as the solo watcher.
All preparations had been made fo
the removal of the body. The elde
Beattle last night sent to the undei
taker the brown suit which his so
had worn In court when the jury de
clareel his guilt. In this the body wo
clad for burial.
Story of the Crime.
The crime for which Henry Cla
Beattle , jr. , was executed today wn
one of the most sensational In th
criminal history of Virginia. Interes
In the murder was country-wide owln
to its unusual features and the swi
movement of Justice.
On the night of July 18 , last. Bea
tie drove his automobile into Ricl
mond. carrying with him the body <
his wife which had a gaping shotgu
wound in the head. He declared tin
a tall , beaided man had accosted
him on the Midlothian luinplko , five
miles fioin Richmond , and when he
had lequehtcd the man to make loom
for him In tbu load the stranger
wllhotil wainlng killed Mrs. llonttlc.
Ho added that he had grappled with
the man but was enorpowcred and that
the murderer had fled , leaving the
gun behind. Tills story of the crime
was maintained by Healllo to the end.
For a brief time Boattlo's story was
gUon some degree of credence , but
within a day or two suspicion began
to point to him and ho was kept un
do r the closest surveillance. Blood
hounds , taken to the scene of the
crlino , refused to leave the place ,
circling around the bloodspol on the
load.
lleattle , It e\entually transpired ,
had thrown the shotgun Into the ton-
neau of his automobile after the
shooting , but In passing over some
railroad tracks nol far from the scene
It had been jolted out and was picked
up later by a negrcss. This gun prov
ed the means of senellng the young
man to the electric chair.
At the coroner's Inquest the weapon
was Identified by Paul Beattle , a second
end cousin of young Henry , as the
weapon he had purchased for Henry
with money furnished by the latter.
Beattlo was arrested immediately af
ter the inquest. This was on July 21 ,
and on Aug. 19 , one month after
the day of the murder , the trial was
begun before Judge Walter A. Wat
son , In the picturesque lltllo Chester
field county courthouse , sixteen miles
from here.
The jury was made up almost en
tirely of farmers , and on this fact
Boatllc based his claim that ho bad
been convicted , not for the murder of
bis wife , but because of his relations
with Beulah Blnford , a notorious
young woman. He insisted to the
last tiiat a jury composed of city men
would have freed him. Bealtle was
defended by H. M. Smith , jr. , and
Hill Carter. The prosecution was con
ducted by L. O. Wcndenburg and L.
M. Gregory.
The trial moved swiftly , though
many witnesses teslifled , and on Sept.
S , afler fifty-eight minutes of consid-
ration nnd prayer , the jury. In chorus
instead of through its foreman , de
clared Beattie to be guilty of the
murder of his wife. Motion for a
new trial was denied and Nov. 24 set
as the day for the execution.
On Nov. 13 the Virginia supreme
court of appeals refused to grant an
appeal on a writ of error , and twc
days later Gov. Mann , who had been
appealed to for commutation or re
prleve , Issued a statement declaring
thai Ihe inleresls of Ihe people oi
Virginia , demanded that Beatlic
should die in the electric chair.
THE BEATTIE BABY UNNAMED
Parents of the Murdered Woman Re
fuse to Discuss the Case.
Dover , Del. , Nov. 24. The cxecu
lion day of Henry Clay Beattle , jr.
found the Owen family going about
their usual routine as though m
tragedy had ever entered their quiet
lives.
"I thank you for the news , " said R
V. Owen , the father of Beatlle's mur
dered wife. Mr. Owen , who Is. the
manager of a large plant in this city
was at his work when Ihe news lhal
Ihe law had laken his son-in-law's life
was given lo him.
"I thank you for Ihe news , but 1
have nothing to say. "
Mr. Owen explained that since the
murder of his daughter none of the
members of Ihe family has had any
Ihing lo say about Ihe affair.
"Wo have not and will not discuss
the affair outside the family circle , '
he said.
But he would talk about the baby
Ihe G-monlhs-old son , now an orphan
"My wife , " he said , "was natural ! }
much wrought up after Ihe death ol
our daughter and our doctor lold us
11 would bo better for her to care foi
the child and relieve her mind. We
brought the baby to Dover and it is
with us now. We will keep it ane :
raise it. "
Mr. Owen said lhal Ihe infant hat
not been given a name. "We call hln :
'Baby , ' " he said. The question oi
naming him had not been considered
by the family. "You see , we him
been in this tangle for the last few
months and no one has talked aboul
the baby's name. "
VIRGINIA PAPERS BREAK
Statute Forbidding Printing Details li
Disregarded.
Richmond , Va. , Nov. 24. One fea
ture of the Beattie execution thai
aroused a great deal of Interest and
speculation was the attitude to be as
sumed toward it by the Virginia news
papers which are forbidden by a state
statute to print the details of an elec
trocutlon. As a part of the law has
substituted the electric chair for the
hangman's noose , the Virginia legls
laturo wrote this paragraph Into the
statute :
"No newspaper or person ahal !
print or publish the details of the ex
edition of criminals under this act
Only the fact that the criminal was
executed shall be printed or publish
ed. "
The legislature , however , failed te
provide a penalty for a violation o
the section. Hitherto the law has
been complied with , out of respect te
state authority , but the Beattlo cast
has so enthralled the state during UK
last seevral months that there wen
Indications today that many newspn
pers would feel compelled to dlsrc
gard the statute on this one occasloi
and give as many details as could hi
obtained.
LIFE'S DISAPPOINTMENTS
( Copyright Ml. )
CHAMP CLARK IS
SCORED BY
NEBRASKAN SAYS THAT SPEAKER -
ER OF HOUSE IS FAILURE
AS LEADER.
Lincoln , Nov. 24. Inasmuch as
Champ Clark is a candidate for the
democratic presidential nomination ,
the following editorial , by W. J ,
Bryan , which appears in today's is
sue of the Commoner is significant :
"There Is a progressive majority In
congress but It lacks leadership ,
Speaker Clark's usefulness in that
capacity is being impaired , partly b >
the fear that he will be accused ol
imitating Cannon , and partly by the
mistaken Idea that It is his special
mission' to prusecvo harmony amou
the democrats in the house.
"In both cases he errs. The flrsl
error tends to make him a negative
quantity but the second may converl
him Into a positive force for harm. Ii
be conceives his highest duty to be te
preserve harmony he will exert his In
fluence to prevent the consideratioi
of any measure upon which democrat !
arc divided , the trust question for in
stance.
"Progress is more Important thai
harmony. The men who oppose re
forms are always quick to threaten r
bolt if remedial legislation Is at
tempted. The democratic party is r
progressive party. Nine-tenths of the
rank and file are progressive , but the
one-tenth is powerful because it It
made up of men with large corpora
tion connections and of politician !
whom they intimidate. The people
need a champion in the house. Te
whom will the honor go ? "
A DUEL FOUGHT IN FRANCE.
Paris , Nov 24. A dispute over the
merits of the charges against M
Langevlne , professor of general ant
experimental physics at the College
of France , brought by his wife and in
volving the professor's co-worker in
scientific research , Mine. Curie , re
suited In a duel with swords between
M. Chervet , editor of Gilblas , and
Leon Daudet , editor of Action Fran
caise.
There were several fierce bouts un
der the cameras of photographers
Finally Daudet was wounded in the
arm. A reconciliation followed.
The charges In which the names ol
the two eminent scientists , Mine
Curio and Prof. Langevlne , have been
involved were founded on the facl
that Mine Curie and Prof. Langevine
were in close association in their scl
entlfic researches. This gave rise tc
jealousy on the part of Mine. Lange
vine , who thereupon brought sull
against her husband , coupling hit
name with that of Mine. Curie.
Mine. Curie , who was creditee !
equally with her late husband In the
Inquiry of radium , was after his deatl ;
named to occupy the chair of physics
which be had had at the College ol
France.
Omaha Firm Wins.
Washington , Nov. 24. The Inter
state Commerce commission In a ml
Ing handed down yesterday decided li
favor of Sunderland Bros. , against the
Chicago , Burlington and Quincy rail
road , et. al. . In the matter of reweigh
Ing coal at Omaha. The commissioi
holds that the present rule Is unjus
and unreasonable and must be amend
ed so as to provide that If rewelghim
of coal discloses a variation of mor <
than 1 percent with a minimum o
500 pounds , from the original ship
ping weight , the original weight ane
charges will be corrected action am
roweighlng charge refunded to con
slgnee , but if rewelghing falls to dis
close a variation of 1 percent will
in minimum of 500 pounds , the orlgl
nal weight and charges will not b
charged and the rowelghlng charg
will be relayed by the defendant.
NO VERDICT YET
IN TAR CASE
HOLLOW EYED AND WEARY IS
THE JURY AFTER ALL NIGHT.
"HUNG" JURY IS THE FORECAST
At Times During the Night the Jur
ors' Voices Were Raised to a High
Pitch The Judge May Keep Jury
Till Saturday Morning.
Lincoln Center , Kan. , Nov. 21.
Hollowed eyed and weary , the jury in
the "tar party" case was still locked
in its room trying valiantly to reach
a verdict when the dawn broke today ,
All night long , under the orders ol
Judge Dallas Grover , the jurors had
struggled in a futile attempt to reacli
a verdict. The testimony of Chestei
Anderson and E. G- . Clark , which the
jury requested near midnight be read
to them again , was gone over man }
times. Occasionally the voices of the
jurors were raised to a high pitch
but that was not frequent. It seemed
that the men were giving the case
much thought and keeping their equa
nlmity.
On every hand today predictions
that the jury would bo "hung" were
heard.
Two of the defendants spent prac
tically all of last night in the court
room sleeping on benches. They were
Sherill Clark and John Schmidt. Aftei
Judge Grover left , about 1 o'clock
Schmidt departed to meet Clark , whc
had preceded him to their hotel , bill
the suspense was too great for then :
to sleep away from the court room
and a few hours later they returnet
to the scene of their trial. No spec
tators remained all night.
It was said at the beginning of the
court that the defendants who have
pleaded guilty might be disposed ol
today. It was known that their attor
neys preferred sentence deferred un
til next term of court , but Judge Gro
ver made no definite promise that he
would do this Judge Grover sum
moneel the jury for the conference
shortly after 7 o'clock this morning
and was told no agreement had been
reached. He gave them an hour and
a half for breakfast , with the adnionl
tlon lhat they must return to their de
liberations at the end of that time.
The Court said he might keep the
jury together until tomorrow morning ,
A STEEL CASE ROW
Open Break In Committee Betweer
Littleton and Stanley.
Washington , Xo21. . An opei
fight In the house of representatives
between Representative Stanley ol
Kentucky , chairman of the bouse
special committee of Inquiry Into the
I steel corporation , and Representative
.Martin W. Littleton of New York , c
democratic committee , was assured
j when Chairman Stanley declared he
, would appeal to the house to force
i Littleton's resignation from the com
'
inlttee. The fight , certain to be pro
cipltated soon after the house con
venes , will determine the course ol
the steel committee. The committee
adjourned Indefinitely yesterday , fol
lowing the sensational testimony o :
the Merritt Bros , of Duluth , regarding
their loss of millions In ore land am
railroad properties to John D. Hock
efoller. Tills was done because
Chairman Stanley was powerless t <
enforce continuance of the hearlngi
under objections filed by attorney !
for the United Slates Steel corpora
tlon that the corporation Is now a dc
fendant in a federal suit for violatloi
of the Sherman anti-trust law. Ii
considering the point raised by the
counsel , Representative Llltletoi :
took the position that nothing furthoi
should bo done by the committee un
til the house bad been consulted.
Mr. Littleton , who left the sessions
of the committee , has broken opciilj
with Chairman Stanley and will carrj
the question as to the future of the
committee to the house. Mr. Stanley
after a conference with Messrs. Beal
and McGilllcuddy decided to make tin
question a party Issue , and ho wll
call upon the democratic majority te
sustain him in opposition to Llttlctoi
and to force the latter's rcslgnatioi
from the committee.
Rockefeller's Statement.
New York , Nov. 24. John D. Rockc
feller , in a statement given out here
replied to the charges made by th
Merritt Bros. , before the Stanley stee
investigation committee regarding tin
methods used by Mr. Rockefeller li
poourliiE control of the Mesnha ermines
mines , and the Duluth , Mesaba am
Northern railroad , pointing out tha
these charges were denied under oatl
as long ago as 1S95 in litigation eve
the Lake Superior Consolidated ire :
mines. He furthermore submits th
text of a paper bearing the date o
Jan. 22 , 1897. to which are attache
the names of Alfred and Leonada
Merritt and "all the other member
of the family , " declaring themsolve
satisfied thnt neither Mr. Uockefelle
nor his agents committed any frau
or made misrepresentations In th
matter in question. Mr. Rockefelle
then sets forth what he says are th
facts with regard to the loans whic
the Merrills leslllfed and denies Ihn
the loans in question were ever cnllo
by him.
TOMMY JOHNSON DEAD.
Famous Kansas Athlete Hurt in N <
raska Basketball Game.
Kansas CUy , mo , , rsov. 24. Thoma
Warwick ( Tommy ) Johnson , forme
Kansas University athletic star , die
yesterday at the Kansas t'nlversit
hospital in Rosedale , Kan. , a subur
of a complication of diseases.
Mrs. Francis Luther of Lawrence
Kan. , Johnson's mother , and Kdwar
Johnson of Omaha , Neb. , were at th
bedside. Johnson was 2G years ol <
An accident in a basketball gam
with the Nebraska university in 190
and later injury in a college wiebtlln ;
match hastened the death. Johnboi
was one of the mosl widely know ;
athletes in the Missouri valley.
A Nebraskan In Trouble.
| Salt Lake , Nov. 26. Perseverini
use of the malls by a deserted Nebraska
braska wife has brought C. L. O'Don
nell face to face with a charge o
polygamy. Ho was arrested at Grea
Falls , Mont , according to advices re
cehed by Sheriff Sharp , and will b <
returned to this county to stand trla
for marrying Miss Pearl Wilson o
Salt Lake City in August , 1910 , whil
Kiltie Hull O'Donnell , whom he mai
rled at Omaha In 1905 , was living a
Lincoln undlvorced.
Report Sixty Drowned.
Vienna. Nov. 24. The Austria
' steamer Romania , was wrecked toda
| near Rovlngo. II Is reported tha
1 sixty persons were drowned. A slroi
I co swept the coast of the Adrlat'-1 fo
three days and caused much damag
'
to shipping.
CONDITION CHI WEATHEI
Temperature for Twenty-four Houn
Forecast for Nebraska.
Maximum 28
Minimum G
Average 17
Barometer 30.1
Chicago , Nov. 24. The bulletin li
sued by the Chicago station of tb
United States weather bureau give
the forecast for Nebraska as follows
Fair tonight and Saturday ; warmt
east portion tonight.
TELLS STORY
THE CASE HAS NOT YET GONE
TO THE JURY.
STEHR DENIES MURDERING DOY
Tells of the Night of the Blizzard
When the Little Fellow's Feet
Were Frozen Declares He Only
Whipped the Doy to Correct Him.
Madison , Nob. , Nov. ! . . Special to
The NOWH : The Stohr murder CIIHU
liinl not KOIIO to the Jury at noon te > -
ilay. but probably will K , > tlilH aftor-
noon.
MI-H Stohr WJIH on the stand all ( I , , ,
inoriiliig Yesterday afternoon lionry
stohr , the ( lofondant , occupied the
Btuiul and tlio general Impression of
tnoso In the courtroom WUB thnt his
story weakened the caHo. The manner
f lilH tolling the Htory , answering
iiuostloim only when prompted by At
torney Ilarnhnrt , Indicated bin un-
'ruthf illness.
Stohr said ho WJIH L'C years old and
had married Minnlo Lucon , April 6 ,
1909. at Hamburg , Oormany , when
Kauri. Stohr wan not quite 2 yearn
old. Ho came to America nnd lived
at the homo of hlH sister-in-law , Mrs.
Hankrath , woven montliH , until his
wife and child followed him. H0 stat
ed he had whipped Kniirt with a strap
taken from an old IiarneHs several
limes for bedwottlng. It was this
Imbit of the child's that made Stohr
want Kaurt to stay In normany , ho
said. lie denied making throats
against the child in case Kaiirt should
bo brought to America , ns Mrs. Hank-
rath had testified. Jto said bo enter-
talnod no ill will against the child ,
and denied striking him with an Iron
roil Intentionally , Insisting it was an
accident.
Says Feet Were Diseased.
Ho said the child's foot were dis
eased and bad been treated in Ger
many by a doctor. Ho denied having
been arrested in Germany for ill
treating the child , but admitted be
had been called into police court on
complaint of a woman for Investiga
tion in this connection.
Ho explained to the Jury that he
had bandaged the child for a disease ,
causing marks on the stomach and
hips. Ho explained the marl : on the
eye by stating the child had fallen
out of bed , striking hia eye oi > > box.
Photographs of the exterior and interior -
torior of the Stehr home and an exact
model of the child's bed weio intro
duced.
Stehr said on Monday proceeding
the amputation he had a half bushel
of coal and $2.r.O In cash and was out
of a job. Asked why be had failed to
call a physician earlier , ho said lie
had no money.
Child's Feet Frozen.
Ho said the child's feet were fiozen
during the blizrard of Jan. I. Ho was
awakened In the night and found the
walls of the room white with frost
and snow , the boy's bedding being
frozen stiff. Ho arose , changed the
boy's bedding , put a dry cover over
him , covered his feet and went back
to bed. The next morning he found
much snow in the house nnd the boy
complained that his feet hurt ( at an
other point Stehr had said the boy did
not complain about his feet until
about five days later. ) y
Put Feet In Hot Water.
He put the child's feet in hot va- -
tor and later put vaseline on them.
Stehr said he firbt called Dr. I'll-
ger. Later the same day he called
Dr. Verges , who administered appli
cations and later returned wtili Dr.
Tashjean Then County Commission
er Burr Taft came. Next day , assist
ed by LoebiiB , Stein took the boy to
the Klentz homo and never saw the
little fellow afterward. Two days
later he was arrested. He was not
advised of the death or the fiinoutl.
During cross-examination by Judge
Powers , Stehr admitted whipping the
boy with a leather strap for the rea
son complained of , at least three
times and admitted telling Julius Kell
the boy's feet were frosted in the
blizzard. He denied that be had lock
ed the child in an outbuilding during
the storm.
Madison. Neb. , Nov. 23. Special to
The News : Henry Stehr took the
witness stand In his own behalf this
afternoon , to try to convince the jury
that he had no Intention of killing
his 4-year-old stepson , Kaurt.
Court reconvened at It o'clock tliia
morning with Minnie Bankrath , Mrs.
Stehr's half sister , still 011,1110 stand.
The defense waived cross-examina
tion.
I ) . Rees , a juror at the coroner's
Inquest , testified that the body ap
peared "a bruised and mangled mass. "
This testimony was violently attack
ed by M. D. Tyler , counsel for the
defense. It was characterized as vi-
clous and the defense moved that the
court strike It out. The court BUS-
talned the objections in part.
At this Juncture the state unexpect
edly rested.
The defense then moved to the
court that the state elect the count
on which It desired the case to go to
the Jury. The motion was overruled.
The defense moved then that the
court Instruct the jury to find the
defendant not guilty of murder in the
first or second degree for the reason
of Insufficient evidence. The court
overruled this motion and ordered
the defense to proceed.