The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-23

the patience ana
by that body. ard asked them 10 sIEe
during the remainder Of the triai tna Una,
consideration which conscience dlctateu,
In accordance with the law and eViueh0e
In the case.
Eleven months ago. Mr.. Richardson
said. Robert Lee Atwell was shot down
and ruthlessly murdered in the streets
OF Richmond. and yet the hand OF JUS
tice had not been felt by this accused
Mr.. Richardson complimented the coCh-
sci for the accused by saying that the
prisoner had had the advantage in this
Investigation in being defended by two
or the abIeSt and most distinguished
criminal lawyers I'm the State. This aG-
cused had had the benefit of every adj
vantage that this community could give
to him II he were as rich as Croesus ard
as popular as the most popular man In
this land.
Mr.. Richardson then took up the in
structions and explained some OF them
Murder was the charge. said Mr.. Rich
ardson. which was the unlawful killing
OF any person with murder aforethought.
Mansiaughter was below murder. Muir
der by poison, by lying in wait, con-
tinued Mr.. Richardson, ANY wilful, pre-
medtated killing Is murder In the HrSt
degree. | believe, gentlemen OF the jury,
that the case before you this evening Is
one of murder In the first degree You
may have appreciated the fact that We
first degree in the State of Virginia.
Lying in walt: waiting for a man, with
the determination TO Kill him on sight,
is murder in the first degree
THE TWO TRANSFER TICKETS.
Mr.. Richardson then spoke OF the find
ing Of the two transfer tickets from the
Manchester line inside Of the fence, just
at the point where the homicide occurred
These tickets were dated December 9th
the day before the killing. Counsel then
spoke Of the the testimony OF his where
abouts on that evening. and said. II his
memory served him correctly, McNamee
said that he could not remember to save
his life where he was.
MIR. Richardson said that from what
had transpired in the case he did not be
leve that Mrs. McNamee ever told Me
Nance that Atwell used the language
accredited to him 10 Mrs. McNamee. The
counsel said he had found this condition
OF affairs: 4 citizen Robert Lee AtweH,
had been murdered. shot down in the
street, by Thomas y. McNamee, and the
only testimony TO corrobOrate the evil
dence OF the accused was that of Gaul,
his accOmpce. This fact alone would
Justify the jury in laying aside their
statements as improbable and false, and
bringing in a verdict of guilty OF muir
der in the first degree.
THE SERVANT Girl.
Mr.. Richardson then went over the
testimony of the servant girl OF the Al
wells, and of the mother-in-law OF Mir.
AtWeli, and of Mrs. Atwell. concerning
what was said between Mr.. Atwel and
Mrs. McNamee on the Wednesday after
noon, and said that in view of the posi-
tive sworn testimony of these ladies, he
did not believe that Atwell ever used
that epithet toward Mrs McNamee The
reputation for morality possessed by Mr.
Atvell was incidentally referred to- ana
Mr.. Richardson ASSURED the jury that II
was preposter)us 10 presume that AtWell
ever used such language as McNamee
and Empling Muse the old
from Manchester said he did. The evi-
dence Of the witnesses for the Common
wealth was then hurriedly given, and Mr..
Richardson said that Mr.. Atwell may
why he did not want the McNamee child
In his yard
HIS LIPS NOW CLOSED.
Mr. Atwelrs lips were now closed in
death. II may have been that Mr. At
well, being at work at night, wanted 20
get "a few hours OF sleep, ana, II 50, did
not want his repose disturbed Uy children
playing in his yard. MIR. Richardson out
lined the testimony concerning the inter
view between Mrs. McNamee and Atwell,
saying that he did not believe that this
was the prov Ocdtlon for this murder.
There must have been something back OF
il which ranked in McNamee's neart and
filled IL with malice. Mr.. Richardson
said no one could pierce the heart OF that
defendant and tell what his motives were,
but the most atrOclOus thing that had
been done in this Investigation had been
TO heap the slime of calumny upon the
grave of poor Robert Lee Atwell. and he
thought ii atICcious 10 have brought up
TO this courtroom that old negro woman,
Emellne Muse to testify upon that point.
lie said that he knew that his friends,
MesSrs. Smith and Carter, had nothing
10 do with that, and added that the per
petrdtor Of this vile deed was not salts
ned with shooting down Robert Lee At
A O.
his tombstone that he deserved the death
that he received.
After reviewing carefully the whole tcs-
timOny, Mr.. Richardson said that it was
not to save Gaul, but to save himself.
that McNamee Swore, contradictory Of the
direct evidence of those witnesses, that
Gaul was not holding Atwell when the
shooting commenced. The statement He
put his hand behind him" was becom-
ing a fashionable defence in murder cases.
Counsel thought he had heard something
OF this kind recently when that Clifton
Forge case, in which a man was muir
deTed and shot down for throwing his
hand behind. was heard. Mr. Richardson
said that IL was his theory that the first
shot missed Atwell because he was being
held by Gaul, and that he, therefore.
was turning and twisting. ana that Me
Nance fearing that he might shoot Gaul.
did not take as good aim as he did at
terward. Then Atwell, breaking away
from Gaul and starting TO run, was shot
again twice fud the bullet holes in the
coat Of the murdered man told more elo-
qUently than word could describe the
deep damnatiAn that had been perpe-
trated when the soul OF Robert Lee At
well went up to meet its maker.
GIVEN TO THE JURY.
Mr. Richardson had spoken for nearly
two hours and a half, and his argument
was the most forcible one, perhaps. ever
heard in any court OF this city. II was
listened TO DV the vast crowd with the
most intense interest The case was then
given 10 the jury. who at once went to
one Of the rooms on the upper Moor Of
the city Hall TO discuss the evidence.
The Judge. WIN a few Of the more DIS
tinguished spectators. repaired 10 his pri-
vate room. but the vast throng OF hu-
manlty that densely filled the spacious
courtroom quietly remained. expecting
to see the jury return in short order.
They sat and stood up IN silence Tor
whole hour. and when Judge witt again
appeared on the bench just before .
o'clock. a whisper passed through the
courtroom 10 the effect that the jury
had not agreed on a verdict How II was
noised about was impossible 10 ascer-
tain, but a few minutes later the jury
returned to their seats in the box.
Have you agreed on a verdict, gem
temen Of the jury|' queried Clerk Will
liam =. Lawton.
mo. sir" replied Foreman John r.
Grimes. slowly rising IN his seat and re-
turning TO the clerk the papers contain
ing the instructions given by Judge Witt.
a few minutes later the jury were on
their way TO Ford's Hotel after the court
had been adjourned until this morning
at II o'clock.
Their Pastor ard HIS Bri'e.
The Rev. J. Calvin Stewart and bride
were rendered a reception at the Church
of the Covenant last night by the con-