Saturday, May 23, 2020

Beach Murder, Indictment & Trial - 1934

Mrs. Beach Indicted for Second Degree Murder
Norwich Sun, September 13, 1934


Beatrice Sleeper Beach

Escaping a first degree murder charge for the shooting of her common law husband, David Beach, June 6, at Afton [Chenango Co., NY Mrs. Beatrice Sleeper Beach, one of those to face the second degree count, was brought into court and thru her counsel, former District Attorney Ward N. Truesdell, entered a plea of not guilty. She was evidently relieved to know that the grand jury had not found the first degree charge against her, for she walked to the bench with a half smile on her face.  The formalities over, she sat down in the courtroom for a few minutes and held a conference with her counsel, while Sheriff and Mrs. Charles W. Dunckel sat nearby.

It was somewhat of a surprise to her counsel and those about the courtroom that Mrs. Beach was not indicted for the capital crime.  She had been held on the first degree murder charge in jail since her hearing before Dr. E.L. Bennett, Bainbridge coroner, June 6, the day of the shooting.

The indictment against her charges she "knowingly and unlawfully shot and killed David Beach, she having in her possession at the time, a loaded pistol."
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Testimony of Mrs. Beach
Norwich Sun, November 22, 1934


Mrs. Beatrice Sleeper Beach testified in her own behalf at her trial in county court Thursday for the shooting on June 6 last of her common-law husband, David Beach of Afton.  Calm, composed and collected, the 32-year-old defendant faced her lawyer, former District Attorney Ward N. Truesdall, and a jury of 12 men, and told her story in a most convincing manner. The recital of her life prior to that eventful day last June when Beach was shot, and the details of that transaction, required more than an hour of this forenoon's court session.  Her cross examination had not yet been completed when Judge Hubert L. Brown, who is presiding, adjourned court for the noon recess.  Never once while on the witness stand did she show any emotion. She did ask for a glass of water, which was handed her by her counsel.  

As on Wednesday, the court room was again crowded, a fair majority of the audience being women anxious to hear the story of the shooting directly from the lips of the one and only eyewitness.  The hands of the courthouse clock pointed to 10:25 when Mrs. Beach took her seat in the witness chair.  Mr. Truesdell asked a few questions concerning her birth, the death of her mother when the defendant was but 13 years of age, of Mrs. Beach's marriage to Joseph Sleeper when only 16 years of age, and other events of her wedded life with Sleeper until she first met Beach, the dead man.

Here the lawyer asked her to tell in her own way what happened from that eventful day down to the hour of the alleged crime.  She did so without hesitation unless forced to wait because of an objection by District Attorney Glenn F. Carter.  After she had told her story, Mr Truesdell interrogated her further on happenings at the scene of the crime. The defendant informed the lawyer that she carried the gun with her at all times, and when asked why she took it on the morning of the shooting, said because she did not want to leave it home for Beach to find and also to protect herself, as Beach had threatened her many times.
"Did you take the gun for the purpose of killing Dave?" asked Mr. Truesdell.
"I certainly did not," answered Mrs. Beach.
"Did you have the thought in your mind that you would shoot him?" he asked.
"I did not," answered the witness.
"Did you intend to shoot Dave at that time or any time?" inquired her lawyer.
"I never did," replied Mrs. Beach.
"Were you afraid of him that morning?" asked the defense counsel.
"I was when he threatened me with a rock," she answered.
"Did you then fear bodily harm or death." continued Mr. Truesdell.
"I certainly did," was the reply.
"Did you think in your own mind that he was going to kill you?" asked the lawyer.
"I certainly did," was the reply.
"Did you think in your own mind that he was goind to kill you?" asked the lawyer.
"Yes." was the soft reply.

During the course of the questioning Mr. Truesdell brought out that the witness and Dave had shot at the mark after she obtained the pistol from Charles Clock, that Dave loaded the gun and that at no time did she ever load the weapon.  She testified that she threw the gun away after the shooting, that she was hysterical and thought she placed it under a stone but that the troopers found it under some branches of a tree.
"When Dave grabbed the gun after the rock was gone did you believe he was going to take the gun and shoot you?" asked Mr. Truesdell and the answer of the witness was "Yes."
The defendant related occasions when Dave ill-treated her and pounded her.

Mr. Truesdell wanted to know if she read over the statement taken at police barracks by Sergt. Jmes Skelly, and the witness answered, "I absolute did not."  She swore that Skelly said to her that day after it had been typed, "You know what is in it.  Just sign here." Truesdell asked her if she knew the statement would be used against her and she answered "no."  "Did they (troopers) tell you you were entitled to a lawyer and any evidence you gave would be used against you?" inquired the attorney. "I never heard it," the defendant answered. She also added that the first time she heard about counsel was when she was arraigned before Dr. E.L. Bennett of Bainbridge. "Did you tell the troopers things that were not incorporated in the statement?" asked Mr. Truesdell and the reply was "yes."  Mrs. Beach also told the jury that she received a cut on the forefinger of her right hand from "Beach pulling the gun so hard."

After her marriage to Sleeper she said her father lived with them until his death. Three children were born. She said Sleeper was a very religious man and that he would not allow her to go to places other than church.  "Why not," asked Truesdell.  "Because he did not approve of pictures," she answered.  She said he was a sort of religious fanatic.  He bought the clothing the defendant wore and she had no pin money at any time, she testified.  Sleeper spent most of his time in his study and was greatly devoted to religious matters. During the last two years of her marriage to Sleeper they did not occupy the same room and there were no family relations.  It was then that Mr. Truesdell asked the witness to "Tell the court and jury in your own way the first time you met Beach and what transpired."

The story related by the defendant on the witness stand contained the same set of facts as Mr. Truesdell's opening statement.  After her husband had ordered her from home, the defendant said she and Beach went away, that later she disposed of her furniture and gave the $100 which she received to Beach and tickets were purchased for Binghamton.  She then told of several jobs that Beach had obtained but would lose them, of his arrest as an army deserter, of her trip to Oswego to buy him out of the army, of his reenlistment and the sale of her property in Maryland for $1200 minus a $300 mortgage, of giving Beach this money with the exception of $400 which she sent to her children.  He was mad, she declared, because she gave the children the money. She related other occasions when she worked and gave Beach money.

Tuesday morning, the day before the shooting, she said she and Beach went to Afton and after their return home they had words over Beach's going to Stafford's and she testified that Beach hit her in the stomach, knocked her down, slammed her head against the door and choked her  Later that day they went to Afton again and to Sidney and each time Dave would drink considerable beer.  The defendant said Beach was "pretty drunk" when they went to a show at Sidney that night. After the show they reached home at 11:30 and he asked her to prepare a shortcake. while she was in the kitchen getting sandwiches ready Beach "skipped" out the front door.  Mrs. Beach related how she looked for him that night and again the next morning, always taking the gun with her as a matter of protection.

Coming down to the time just before the shooting the next morning she said she was walking in the old mill road, the car licenses under her right arm, pistol in right hand and her pocketbook in the left hand. She had removed the plates from the machine so Dave could not drive away.  She heard a noise and saw Dave standing near a tree. The witness asked him to come home and Dave replied he would if she would put the gun down.  He started to walk toward her, pulling off his coat as he did so and then grabbed a stone.  Getting to the edge of the road he grabbed another rock and allowed he would crush her head in.  He also yelled, "You are yellow, you would not shoot."  He then grabbed the barrel of the gun and as he jerked it the tags fell," testified the witness.  "An explosion followed and he said he was hit."

The defendant told how she unbuckled Beach's belt and pulling the shirt aside saw blood.  she took out her handkerchief and wiped off the blood.  Then followed a recital of the events to secure a doctor for Beach or an ambulance. After repeated efforts to get others to call physicians or an ambulance, it was Mrs. Beach herself, who finally went to the phone and obtained a doctor.  Mrs. Beach said she told all these facts to Capt. Fox, Corporal Zieman and other troopers.


Trial Verdict
Norwich Sun, November 23, 1934

"Not Guilty"

Mrs. Beatrice Sleeper Beach was acquitted by a jury at 2:45 Friday afternoon of second degree murder involving the shooting of her common-law husband, David Beach, at Afton last June.  A demonstration unequalled in the history of Chenango county courts occurred as soon as the words had fallen from the lips of the jury foreman, J.W. Bump of Guilford, retired minister.  The applause was so spontaneous that judge Brown was forced to bang with the gavel several times to make himself heard.  "We must have order," he said, "or else you will have to leave the room."  Immediately after the verdict was handed up Mrs. Beach arose with a smile on her face and walking to the jury box shook hands with every one of the 12 men. She also extended her hand to Judge Brown and her counsel.  She may now walk from the courtroom a free woman.

Efforts to learn whether the verdict of acquittal was reached on the first ballot were not successful other than that it was stated the 12 men were unanimous, which would indicate the decision was reached on the first and only ballot. The jury took the case at 12:30 and after going to a hotel for lunch returned to their jury room for deliberations.  It was 2:30 when a knock came on the door that they had agreed.  A few minutes elapsed while the court and counsel were summonded.

The jury was composed of the following men:  Austin Bourne, railroad clerk at Mt. Upton; J.W. Bump, merchant at Guilford; Adolphus Sayles, Farmer of Norwich; E.A. Davis, farmer of Greene; John Newton, farmer, Pitcher; Loyal B. Brown, farmer, Otselic; Henry Benjamin, painter, New Berlin; Clyde Franklin, plumber, Pitcher; Cornelius Derrick, farmer, South Otselic; Merle Custer, farmer, Union Valley; E.A. Lamb, mechanic, McDonough; Devillo L. Calvert, carpenter, Otselic.

Her trial for second degree murder in the shooting of her common-law husband, David Beach, at Afton last June, was concluded in county court Friday noon, with the summation of counsel and the charge of Judge Hubert L. Brown, who presided.  District Attorney Glenn F. Carter and Ward N. Truesdell, chief defense counsel, took about an hour each in their closing addresses to the jury. The court's charge occupied a little more than half an  hour, so that the 12 men finally received the case at 12:25.









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