The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-21
THE TRIAL OF McNAMEE.
The Commonwealth Witnesses Examined
and the Case Rested.
THE ACCUSED WAS ON THE STAND.
lie Testified That Atweil Grossly insuited
His wiie-Gau Tells Ills Side OF ths
Aa4ir-Othsr Witnesses

The trial OF Thomas y. McNamee and
Milan r. Gaul actually began yester-
day I'm the Hastings Court before Judge
Witt. the entire previous day having
been taken up by the securing OF a jury
As is well known to the readers Oh INC
Times. McNamee stands charged with
the killing OF Robert Lee At"eH AT
Twenty eighth and DOCK streets on the
night OF December -. 1875, while uau'
is indicted as accessory TO the crime.
An intense interest was shown In the
trial OF the case on the part OF the
public. and long before tne court opened
every seat in the big courtroom was DC
cupied The crowd soon began 10 press
into the alsles and occupied every "Fa,l,
able space Time and again the court
"g,e,rs bsd TO admOuish the spectators
10 keep away from the jury box anu heep
me p.ssdge~ay clear. NheH tht !nlS
returned from the scene OF tne snoot ,s,
shortly after noon, II was ueeIntu pesl
10 keep the doors locked, ana yet qull"
number succeeded m gaining aGnl5-
sion TO the courtroom from the clerk
The interest in the case reached its
climax In the afternoon When Gdul ana
Mc\amee were called 10 the stand by
fhe defence The former made a very
uDfaVorabIc impression by his conflict
ing testimony. but the effect OF his evil
dence was somewhat mtigated by the
McNamee made his statements.
Everything went on very smoothly, and
not single clash occurred all day be-
tween counsel until the beginning Of the
Denomination Of the defendant, when
the prosecution undertook to attack the
credihility Of the testimony GVcn by
McNamee. Counsel for the defence OBJ
tccted 10 this mode OF procedure, and an
Adjournment had to be- taken in order
10 enable the Judge to look into the mat
ter carefully before rendering his decis-
sion.
THE CORONER.
Or. William II. Taylor. the coroner,
was the FIRST witness called. and his evi-
dence was. in substance, as follows. y
was called TO hold the inquest, ana iOund
the body on Dock street, corner twenty
eighth street. on December Z9th. apV1t
9 l.. NJ. ] did not find the BODY IN us
original position, for IL had been moved
10y friends OF the deceased. The Dody
was later taken away by Mr.. Laube, the
The next day made a postmortem
examination and found two pistol-snot
wounds, both on the right side OF ms
back, one about at the right armpit. The
ball Coursed upward in an angie OF forty
FIVE degrees, Keeping In among Inc mus
cles, and IT was cut out close 70 the D9ch-
bone. below the neck. 1t had oiVheH
through the bone of the shoulder Dldut.
That wound was not serious, and would
not have caused the death OF the man
Another ball entered the bQdy, ass
on the right side, about two luches ioIl
the border some distance below the
shoulder blade The ball went throush
the body diagonally, passed through me
lower part OF the right lung ana me
heart II was found about an men 10
the right of the left nipple. The course
was a little upward, and the "ound
through the heart caused the dedth AS
soon as a ball strikes a body its coure
vii be detected ~ almost anything, ana
IL is, therefore, impossible TO tell from
the course in what direction the pistol
has been held
PRODUCED THE TWO BALLS.
Witness then produced the two balls,
the one passing through the heart beihs
perfectly intact while the other that
passed Through the bone Of the shOuluer
blade. was somewhat fattened. Dr. Iay-
lOT then continued.
ease. well developed, feet 10 inches tall
and measured 80 IL inches around his
waist lie had two very insignificant
abrasions at the right eyebrow ana on
the right side of his nose, but thty dlu
not contribute 30 the death. They might
have been inflicted by stick. l Also
examined deceaseds clothing, ana found
two holes in his coat and two in his shirt,
but one only in his vest There was no
sign or smell Of burning powder on
them ~
The next witness called was Mr.. VIII
liam II. Nunnally. now brakeman on
the York River railroad, and in December
last employed as switchman IN the
y
River railroad He testified about as fol-
lows.
Il was at the yard about S o'clock, and
then went TO the box to get my supper
When ! reached the box, or rather the
little house. where Mr.. Atwell was, 1
found the latter and three others talking
TO each other. IL was about 30 /. NJ.
when gcntlkman came 10 the door ana
shook the door-knob. l opened ii from
the inside and | think / would recognize
the man who then stood before me II i
saw him again
IT WAS GAUL.
Counsel for the defence at this juncture
admitted that Gaul was the man.
"The man asked for Mr.. Atwel, wit
ness continued, and the latter stepped
out with him. l looked at my watch
and it was then S2i T. NJ. | knew that
the next passenger train was due at
$50, and / left the house TO signal IL.
When ! left the house heard the bell OF
the engine. Gaul and Atwell had walked
across the track some distance, ana 1
noticed them in low conversation. While
signaling the train noticed AtWell throw
up his hands, as II in scuiie, with an
other man behind him. whom l could not
see distinctly. 1t looked to me as If he
was being shook.
Gle hallowed. ana then / hallowed. too
/ saw man in light overcoat. who
fired three different shots at Atwen, ana
then ran down Dock street while AtWeH
came towards me. The scuiliing took
place under the electric light pole, ana
y
OF the three shots. After the third shot
ne went down on his knees. and then
laid down, with his hands stretched out
in front OF him. / exclaimed My God
Lee, what Is the natter But he did
not say anything His lamp VAS hang
ing on his right arm; 1t was lighted
when he came across the street. but
went out when he laid down. The shoot
ing took place about two minutes after
Gaul called for AtweH. 1t looked to me
as if the pistol, when fired. was held
about a foot from Atwell. The man who
went up Dock street after the scunle
seemed 10 have on dark clothes"
VISITING THE SCENE.
The Commonwealth then rested and
the jury, in the custody OF two deputy
sergeants. were taken 10 the spot where
the shooting occurred, a sketch of which
had previously been shown in court
CIV Sergeant Epps followed with the
accused Judge Witt, Clerk Lawton and
counsel also repaired 10 the scene. After
their arrival there Mr.. Nunnally went
over the ground. folow~ by t0e jury
testified The distance from the house
where Atwell first was to the electric
light pole is foTty-three steps. and forty
nine feet from where Nunnally stood 10
the electric pole.
After the return from the recess Mr.
Nunrally was again placed on the stand.
and when asked by counsel for The prose
cuiion he gave the following additional
testimony:
There used 10 be a fence on the other
side OF Dock street and behind the cleo
tric light pole, which has since been taken
down. Right bach OF the electric light