Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-25
M'NAMEE BRIGHTER.
BE Nnl Hardly Take an Appeal and
Will SerYo Fire Years
TIE VERDICT VERY UNSATISFACTORY.
Comment Upon tho Jury Continued
Throoshout Yestcrdsy~Thc Prisoner
says His Conscience IL Clear.

Not In the history OF criminal annals
of virginia has a verdict apparently
given such general dissatisfaction as
has tho one rendered In the Hastings
Court on Friday afternoon In the case
OF Thomas y. McNamec for the murder
OF Robert Lee Atwell.
The result OF the trial was the ALL
absorbing topic Of conversation yesterday
In both this city and Manchester. ana
comment IN many instances was very
severe. Tho verdict OF five years In the
penitentiary was such a great surprise TO
mcst persons that they could not compre-
bend for time that the jury had really
reached such a conclusion. censure was
piled upon the Jurors individually and
collectively.
There was not the excited comment that
prevailed on Friday evening. but every
where the verdict was discussed. and all
eorts OF expressions OF disappEoyai were
heard.
The convicting in the Hcnrico Court on
the same evening of q negro for stealing
q calf, and the fixing of his punishment
al Ave years-the same as that agreed
upon for McNamee-was regarded as u
disgusting coincidence. There were also
numerous speculations as 10 what penalty
Gaul, McNamees alleged accomplce.
whose trial begins at 10 O'Clock to-mor-
row morning. will receive.
In view of this feeling there is much
curiosity 10 know what the jury in the
Gaul case will do. The same jury that
tried the McNamee case will hear that
Of Gaul. except that Mr.. Henry Hutzler
has been excused for good personal Tea-
sons.
MNAMEE MUCH BRIGHTER.
McNamee was much brighter yes
terday than he has been at any
time since he surrendered himself
on the night OF the killing. lie
was called upon during the day by his
wife and child. his two brothers. and
number OF friends. and to all he chatted
pleasantly. He did not complain at all
OF his punishment. on the other hand,
while conversIEg with friend about IL.
no Is reported 10 have said: Il will 60
20 the pen!tentiary for five years, but
] Will go there with "a clear conscience"
Speaking OF the street-car transfer
tickets. upon which the counsel for the
prosecution laid such stress, McNamee
said that as the trial was over. and no
thing more could be done with him, he
would state that he knew absolutely no
thing about the tickets, and had no know
ledge that there was even a fence by
the electric pole, near which the killing
occurred. He said that Mr. Richardson
stated In his argument that the prisoner
could not account for himself on Thurs
DAY night, when the transfers were dated.
while he CIcNamee) had distinctly testi-
fed that he did not 80 outside OF his
house that night.
HARDLY TAKE AN APPEAL.
1t Is now thought that the defendant
will not take an appeal. He apparently
has no desire 10 do so. Mr. II. VI. Smith,
Dr.. who. with Mr.. Hin Garter. represents
McNamee, said last night that he had
not conferred with his colleague In the
case and did not know positively what
would be done in this connection. Messrs.
Smith and Carter will defend Gaul, while
Messrs. Richardson and Dawson will re-
main on the side OF the Commonwealth.
Mr.. Smith, talking about the criticism
he had received for appearing for the de-
fence, said that he had endeavored TO
explain satisfactorily 10 the people why
Se was In the position he occupied. lie
had laid the circumstances before seve-
ral OF the most prominent members or
the Richmond Bar, including two or
net as be had He owed McNamee. he
declared, a duty before he owed any to
the Commonwealth. Therefore. he felt
that the duty 10 McNamee came first.
and should be performed. In reference
20 the instructions in the McNamee case,
AIR Smith said that the counsel for the
accused only handed IN three instruc-
elons, two Of which were changed by the
court, while the lawyers for the Com
monwealth handed in twelve or fifteen.
all OF which were allowed.
STANDING OF THE JURY.
Further inquiry yesterday into the
standing Of the jury revealed the fact
that, as published in yesterdays Issue
OF the Dispatch. two Jurors first stood
for hanging. six for eighteen years and
lighter punishment and four for acquittal.
one OF the two who thought the case one
~arranting Il verdict of murder in the
first degree changed 10 an 1s-year YER
dict when the time came for him 10 vote.
McNamee retired early last night. He
bore the fatigue Of the long trial re-
markably well. He Is a very unassuming
and inoffensiye man apparently, and Is