The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-24
CONVICTED OF MURDER
AND SENTENCED TO ONLY FIVE
YEARS IN THE PENITENTIARH.
Til. Jury Could Only Agree 10 verdict OF
e.oo,a Doprss Murusr-A Touching
scene In the court Room.

Such was the Nerdlct Vi 1901 ves
the McNamee murder trial rehuereu ~,
terdav afternoOn shortly after CLOCK
in the musings Court before Juuse tbe
witt. This verdict IS the sequtL ~ -,
bloody drama enacted on III US shot
1898, when Robert Lee AtWeH was Nm
down bv Thomas y. McNamee, OF Wan
chester near the electric Ileht Dock
the corner Of Iwenty-eighth anu
streets. roon,
At the moment when the COURTROOM
was opened yesterday the Dig CROW" w
| that had assembled In the corrid0i, as oUd
the previous days rushed inslu eu the
within a few minutes hlled UP az ~ az
| available space, eager 10 be prtsehI "a
/ the close of the murder trial that nau
occupied the attention OF the couI' e'N'
/ since Monday morning
THE DEF NDAhr NOT PEETURBED.
The defendant. who appeared in MS
1 seat early formed, OF course, the cehtIe
] Of attraction. lie was accompanied D!
| mis- two brothers, who occupied seats VI.
| either side OF nm. lie looked pare Dut
otherwise his features appeared calm ana
inmOvable Up TO the last moment ne
/ preserved his remarkable coOlness, ana
| made the impression upon the spectators
OF being not AT all concerned IN the pro-
| ceedings.
Suddenly the announcement was made
| by some one that the jury had started
! from their room on the third moor or the
building, where they had been IN CON
sultation during the preceding hour.
4 general stir went through the crowd ana
: a few moments later Judge Witt entered
/ ana took his seat, closely followed by
/ the jury. Several Of them were smiling
/ as they found their way 10 their seats.
/ When they had responded 10 their names
] the jurymen rose almost together. The
/ Judge looked enQurngly al Foreman
/ Grimes. and Immediately ordered that
! the Jury be returned 10 their room.
/ 1--WE have betn locked up there more
than an hour already, this morning
/ Judge" came in weary tones from the
a EOTgnHn
We'll you can go back again. replied
! the Court.
Did you ask him If they had agreed?''
/ queried MIR. Smith, addressing the Court:
Il did" replied the Judge, and he said
/ they had not
The jury then returned to their room,
and Judge Witt retired TO his private
room.
About noon the Judge reappeared in
/ the courtroom for short while with
/ the Commonwealth s-AttOTney and con-
tinued a number Of cases that stlll re-
/ NAMED on the docket, until the next
term.
Among the cases called was that of
| the Commonwealth against f. II. Plu-
macher which had been set for trial for
| yesterday. 1t was temporarily laid aside
/ and it is understood that it Will be con-
tinued until the next term.
SIM TO THEIE DISSTR.
After disposlng Of this routine bust
ness the Judge once more repaired 10 ms
.
for the jury to come 10 some conclusion
Two more hours passed by without a
/ sign from the upper floor, and at Z:o5
! +. ". the Judge ordered the jury into
court They obeyed promptly. and after
t,tniuc tucir seats, they were again asked
| by Clerk Lawton whether they had
agreed on a verdict
Again the reply from the lips of Fore
/ man Grimes was. NO, sir"
Gentlemen Of the jury" said Judge
| Witt Il will let you go to your dinner
now; to appear again in court at i:51
In custody Of two deputy city ser
geants the jury then walked over to
/ Fords Hotel, and after finishing their
| dinner they were taken into the Capitol
| Square for short walk. About o'clock
they reappeared in the city Hall and
We're at once taken TO their room.
Promptly at 1870 o'clock Judge Witt
! arueared in the courtroom. and five
minutes later the jury were in their
seats to listen 10 the usual question pro-
POUNDED by Clerk Lawton, If they had
agreed upon a verdict. The same NO,
sir" was the answer of the foreman.
Gentlemen, l have to give you while
longer to think over it," said the Court,
| and the juTymen looked rather unhappy
as they again filed out Of the room.
AGnEED UPON yEBDIci.
1t was about minute to ; o'clock when
! there was a sudden rush from the cor
ridors into the courtroom. Soon after
| Judge Witt appeared, accompanied by
j y
| Jones found it not an easy task TO clear
| the way for the Justice through the
| crowd TO the bench. Then Deputy-Ser-
geant Ferneyhough entered the room,
| closely followed by the jury, who took
/ their seats at 6:Oi o'clock.
Gentlemen OF the jury have you
| agreed upon verdict quered Mr..
! I'VE have" replied Foreman Crimes.
| what say you, gentlemen. guilty or
not guilty" continued Mr.. Lawton.
Guilty Of a felony. as indicted was
! the answer OF Mr.. Grimes.
lie then sent the papers over 10 Mr..
| LawtOn, who read the verdict, as stated
! above.
No sooner had the verdict been an
! nOuuced than a nurmur OF surprise and
! disappointment went through the crowd.
| 1t was, however, Immediately suppressed
! by the court officers. few minutes
! later Mrs. McNdmee VINO had been Wdlt,
! ing in Mir. smiths private Office, entered
| the court-rOO with her little boy and
| rushed into the arms of her husband. who
! had Just been convicted Of felony.
! ION, my God. have you got 10 leave
me-" she cried, despairingly. with a
! rush of tears; what viii l do? when
! will l see you again, my darling? 1
! thought / would carry You back home
| that came from the laCerated heart Of
! the defendants wife, and at the sugses-
| ton of Mr.. smith the prisoner his wife
and boy, were taken to another room.
MOTION FOR NEW TRIAL oyERRULED.
The big crowd remained in silence, and
the court awaited the arrival of Mr.
Iul Carter, whom MIR. Smith had sent
for few minutes later he arrived
! and made the usual motion of setting the
! verdict aside, as contrary TO law ana
evidence. The motion was OVerruled
! and an exception taken by counsel for the
! defence The court requested counsel to
submit their exceptions as soon as posi-
| BILE.
MIR. Carter asked that the court sus-
| pend the prOnouncing Of the sentence
| until after the trial Of William T. Gaul.
| inasmuch as McNamee would have 10 be
! a witness in the Gaul case.
THE mere fact of his conviction" said
Mr. Richardson, excludes him from be-
| ing a witness, under the law. and not
! only his being sentenced"
I'VE VIII cross this bridge when we
| there the matter ended for the time be
| ing.
Judge Witt announced that the trial Of
the Gaul case would begin on Monday
| morning at 10 o'clock, ana the court adj
journed until that time.
HOW III JURY STOOD.
The following citizens Of Richmond
composed the jury VINO tired AIcNamee
| second degree JOnn Mcdonald, Jonn X.
| GRIMES, Daniel MLitlock. II. r. CHRISTIAN,
! Is. r. Bull, John -. LOtuer, James r..
| kerney, Thomas +. Hannigan, .. IL.
| Nuckols, Harry 7. Jackson, Thomas Cur
It's and Henry :. Hutzler.
| The term Of five years Imprisonment
! In the penitentiary is the minimum pun
| ishment provided fer In the Code of Fir-
| glnia for murder in the second degree.
| while the maximum punishment for II is