The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-29
TRIAL OF WIN. 7. GAUL.
CHARGED WITH BEING AN Access
SO4Y IN TIE ATWELL MURDER.
LARGE Crowd In Court-Ihe Jurors from
Bnny,Ite-All the Evidence ior tue
Common wealth hss Been Heard.

A large crowd was In attendance yes
| terday in the Hastings Court "heic tie
! case Of the Commonwealth against II
Fam y Gam wa being tried, VINO was
charged with being an accessory Ih 'he
! killing ~ Robert Lee Atwell. The jurors
! from Danville. who were 10 SIT III the
case. seemed to be deeply interested anu
quite frequently desired to gain aud't'oid'
informs ton by questioning the Witnesses
! themselves.
Most of the twenty-elght ciuZehs WIZ
| had come from Danvilie the preNlou"
/ evening. but were not drawn as jurors
/ had returned home. They did so ohlE
after they had passed set Of resoIu-
tons thanking Captain Charles II. EPps
] for the cordial ana hOspltdDle manner ~
! which ne had treated them. csleiudS
morning Captain Epps received leie-
gram nom city Sergeant +. h. BOissedu'
| vi Danv.lle. which reads as follows:
Take good care Of my boys they are
captain f.pps replied that they were In
good hands and would receive lne DSS'
treatment that Hcamond couli aiioiu.
The accused appeared in court accom-
named by his mother and his sister, anu
! took his seat next 10 his counsel, MesstS.
If. NJ. smith, Jr., and Hill Carter WINE
Mossrs u. G.. Richardson ana Marion L.
| Dawson conducted inc lib't' t'''''
A good many people dropped IN uuli"e
the dav for Il little While, dppdlehty
guided by the desire Of having LOOK az
the Jury from Danviile. However, great
crowd was in attendance an DAY alul-io.sit ,
lowed the proceedings with the Closest
attention. -,.
When Thon as \. McNamee was brougnt,
IN the courtroom 10 testify on DehaH OF
Gaul the general interest reached us
height hut 1t was apparent that since
his conviction McNamee had broken down
considerably. and did no longer snow now
which he bore during his own trial
The prosecution completed its case yes
terday, and the defence VIII onIy can
two more witnesses this morning; toHh-
sci will then submit their Instructions 70
the Court and address the jury. IL is
expected that verdict will be obtained
some time this evening.
TER coRoN RS sTATEMEST.
Or. William II. Taylor, the coroner. was
the first witness called 10 the stand. lie
explained how the shots had been hred
at Atwell. and illustrated the poslton IL
which the murdered man was 10 ms as
sailant. Witness spoke Of the two aura
sions on the right brow and on the right
side Of the nose, which might have been
caused 10y the falling Of the man 10 the
ground although they might have been
caused 10y some lick.
Several Of the Jurors asked Dr. Taylor
a number Of questions, which brought
out the following statement: The appear
ancc Of the garments through which the
bullets went did not give any indication
as 10 the distance between the Two par
ties Witness thought nov ever, that III
they lad been in q struggle the garments
would have been burned or scorched at
the rim Of the bullet holes. Deceased
was well developed five feet ten inches
high. and measured 81 IL inches around
his waist. Several questions were asked
as to the probable weight Of the deceased
but Or: Taylor did not care to make even
"a rough estimate.
Mir William H. Nunnally was the next
witness He was the one who opened the
door of the shanty. where Atweli ate his
supper. when Gaul came 10 the door and
said that McNamee would ike to see
him. Witness identified the accused as
the one who called for Atwell at that
! time. and gave IN the main the same tes-
imCny as during the McNamee trial He
told Of Atwell as being held hv man
from behind, as he thought, VIXEN
the firing began. lie said that the man
who stood behind Atwell ran as soon as
the first shot was fired. Witness saw
AtWail twist and scuiile and heard him
hollow as If ne was being choked just
before the shooting. The man who did
he shooting wore a light overcoat lighter
than the clothes Gaul had on. The man
behind Atwell stood a little 70 the left.
This man ran up Dock street. or up the
James river. Immediately after the first
shot. it vas Gaul.
The other started down Dock street
after the shooting AtWcll had his face
turned towards The witness during the
occurrence. lie had nothing i'm his hand
At the time but ha1 his lamp on his arm.
After The first shot had been fired AtweH
ran in sort Of q STOPPING condition
right straight toward witness and came
within about twelve or fifteen feet of him
The lamp which he carried was lighted.
but it went out during the fan. Witness
identified the coat which had heeo pro-
duccd in court during the MCNamee trial
rs the one worn by AtWell at the time OF
nh 10
That AtWel wore no overCoat at the time
and tIGt the night was rather cool md
the ground somewhat damp.
TIE JURY yIsTs TIE scFSF.
After a rigid cross-eXdmlnation Of Mr.
Nunnally by both Mr Carter and Mr..
Smith. which. however. did not elicit
any new facts. recess was taken. and
the jury. in charge Of Sergeant Epps.
went in "A bus to the scene Of the shoot
ing at Twenty Eighth and Dock streets.
The Court also went, and Mr. Nunnally
pointed out 10 the jury the various po-
siuons which he mentioned while giving
his evidence in the case.
When the court rc-opened, Mr.. j. r.
Shelton was called TO the stand. who. in
the main. repeated the statement made
hy him during the McNamee trial He
said that Gaul went up Dock street after
the first shot had been fired rs fast as
ne could fly while McNamee went down
the street After Gaul called for AtweU
witness went TO the door of the shantv
twice before he stepped out with Cod
sey. At the first time ne saw Gaul and
Atwell standing just outside OF the door.
while at the second time they had step
ped across the street. The reason for his
stepping to the door was because he
knew that AtWells family was out OF
town. and that one Of his children had
been sick; so he wanted to see who call
ed for Atwell. a the third time Godeey
was win him. Whether he ard Godsey
remained together after leaving the
shauty. he could not tell Witness saw
Mc\amcc strike at AtWell. and the LAT
ter at the former. 'aul struck at Atwell
and grabbed him. When Atwell and Gaul
went across the street from the shanfy
Atwell was little ahead of Gaul.
SAW A MAN HOLD ArwrLG.
Jack McDonough. who was driver Of a
mail wagon at the time Of the occur
renee, stated that he was about forty
1--WE steps from the place when the shoot
Ing took place on the evening Of pecem-
Der 18th. He was standing near his mail
wagon, and had come To await the mail
on the local train from West Point. When
ne heard the shots fired, ne looked over
I'm that direction and saw AtuelI mi
away from some one. He also saw some
one hit Atwell with stick Witness stood
within six feet OF the place where Al
well finally died. He knew the latter nv
sisht. Witness saw some one hold At
well but the latter broke away atter
the first shot had been fired. There Usre
Only three persons on the scene incl1J
ing AtNeu Inc man who held AtWet
ran up DOCK street, between the tracks
but witness could not recognize him
ne cOuid not see the person from whom
%tNeli broke loose. nor could he saw who
shot Atwell. He could not see me man
VINO mn AtWc!l with the stick and could
not distinctly see the position oF Tho
ue"'toAl men. lie was closer TO the scene