The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-21

| tain EppS what had nappeneu " 49,
! manner ] did to-day. put the state
| ment before the coroner l inade upon .ne
advice of my counsel. Inc sta,eihent
| which / make to-day Is true. 4 was ar
Nance. and did not know then that a
warrant was out against ME-
| -.'AAA. 4 ~ .-E STAND.
Thomas n. McNamee, the defendant.
| then took the stand himself giving the
following evidence:
II am thirty-seven years oid, weighed
at the time OF the trouble IL pounds.
am lame. for about ten or tWelve years
ago l met with an accident wnlch .srih-
mated in ciatica. Have known Atwel!
Tor seven or eight years. upon goins
nome on December 10th 1 found my wife
very much excited, and she said that
That afternoon our little BOY nai come
| nome crying. saying that Atweil mao
| driven him out OF his yard ana would
| not let him have his veIocipede or tri-
| cycle. My wife wanted him 10 go PACK
| Tor IT, but he did not want TO DO SO
she therefore went with MIN 10 AlWei
! house and found the latter on MS porch.
| She told him that she thought he might
| return the bicycle, whereuPon nc replied,
he did not know the boy mad one: he
| also said he aid not want 10 nave MS
| children play with her boy, whereupon
| my wife replied that her boy Gas JUST
| as good as his children. and she would
| tell me about it, Atwell then replied :
Send him 10 me-. you d W. ana
| Will talk TO him"
WANTED HIM TO APOLOGIZE.
"As soon as my wife told me this l
| made up my mind that j wouId go 10 see
| Atwell about it. and told her. She
| tried 10 stop me, and expressed a fear
! that something might happen however,
| / did not go out that night me next
| morning, between and O'CLOCK
| went to his house but no one came TO
| the door, and / then went to my shop
| in Richmond. | went to At"eli mouse
| again In the evening without hhaing nm
| at home, and from there | went 10 Mr.
| Ferris mouse, who was a. trIenn OF ms, ms
| and who told me Atwen had gone into
| the country with his family ana would
| not be back before Friday evening
| told Ferris what Atwell had done, ana
| that | wanted him TO apologize. ferrls
| expressed his surprise over .AtweH : ac-
| ton. and / then left him, not making
any further effort of finding Atweli untll
! Friday when | went to Gauls house.
in Henrlco county. in the afternoon
| | went there TO enquire about his health
| and to see him about piece or work
which / wanted him to 40. ne IS an
| upholsterer as well as hhlsher' "hiie
| I Pm Only an uDhOlsterer.
II invited Gaul tn g b the city with
| me. which he did AM we had several
| drinks together | also asked him 10 take
| supper with me. which he co1sented to
! do On the way home I told him that
wanted to see Atwell abou. some difhculty
| between us and when we reached his
| house 7 asked Gaul to knock at the door
| and tell Atwell that | desired to speak to
| him. Not finding him In. ! went from
| there TO Ferris house to secure informa-
| ton"
now u. vt .TwIr T..
Witness then related practically III the
| same manner as Gaul now they went
| late In the evening TO the yard on TWen-
| ty-eighth and Dock streets, and then con-
| tinued
when Atwell came out of the house
7 heard him ask, Where Is McNamee|
and Gaul replied, There he is under the
| electric light This was spoken loud, but
| II they had any other conversation be-
tween them l do not know. Both then
started together over TO me. | saw Nun
| nally go up the track, while the other
| three men returned into the shanty.
| When Atwell came up 70 me l told nm
Just as quietly as am talking nov: You
treated me very badly-you called my
| sister-in-law a liar on my account; you
| drove my boy from your yard. and in
suited my WIFE for which want you TO
apologize He then threw his hand be-
hind him. and when he struck at me hit
at him with my stick. Both of our blows
met. and from the sensation which ] felt
! when my hand met his | felt CONVINCED
that he had something In his hand. which
/ struck He then brought his hand back
10 his hip a second time. but whether he
then dropped what he had in his hand
do not know. He had caned me -
SCOundret, ana thought ne WOutd draw
a revolver, and l fired at him. When I
fired the first shot at him he was facing
me. but turned afterwards. After firing
three shots | ran for short distance,
thinking that the other men who came
from the shanty and yelled, XIII him"
would endanger my life / did not run
up to Main street. for | thought | would
then fall into their hands. | stopped for
awhile. and then remembered that my
br0ther-in law, Vaughan, lived in Rock
etts. | went 10 his house and told him
what had happened. At my request he
went over TO my house 10 notify my wife
At his return which was about an hour
later. he informed me that Atwell was
dead.
ADVISED TO GIVE HIMSELF UP
II asked him what he thought | should
do, and he advised ne TO give myself
up. | told him that had already thought
OF doing so. At my request he went with
me; we got on a Main-street car and
went TO the First Police Station house
where / surrendered myself TO Sergeant
WhtlOck. who was in charge OF the
station. The Sergeant At once teleph0ned
10 the newspaper offices that l had sur
rendered, and soon several reporters ar
rived. l think that they haze been mis-
taken in their staten ats, for | did not
shot Atwell. | first did not say any
thing when / was asked by them. but
finally 1 stated that there was no one
within a certain distance with me. |
also SdlQ l ndu ulSpOStu OF the plslOl,
bat did not state how, for ! did not want
TO implcate any one.
"Gaul did not strike Atwel. and did
not lay his hands on him. Had he ap-
preached him, | should have seen It.
] did not see Gaul any more after the
first shot had been fired until he came
to see me in Jail. He did not know up
10 the shooting that | had a pistol |
had no apprehension of trouble. when I
started out neither had Gaul; | thought
Atwell would apologize. During the af-
ternOOn and evening each OF US had three
drinks. / took two beers and in the last
saloon | took a whisky. Atwel did not
hallow. | did not know at the time how
many times | fired | put the pistol In
my pocket In case / would have 10 use
il in self-defence. ! struck at Atwell
with nv stick but our blows met and I
struck something he had in his hand.
UNpFR CRoss -YXAMISATIoS,
Mr.. Richardson then took the defend
ant i'm hand under cross-eNamination.
and McNamee made the following addi-
tional statement: $1,000
on for ten or twelve years and before
that | boarded on yenable street, In this
city, with a Mrs. Harwood.
When asked where he lived in 1871, de-
PENDANT. after rejecting while, said ne
thought he lived then with MT. vaughan
on Second street. between Jay ana Mar
shall streets He had not lived on Twen-
tv-fiftb street except when he was
boy. After some further deAberation, he
said that ne thought that at that time
he lived with a friend IN GRANITE
Mr.. Richardson then asked him:
Where did you live In FrpruarX, BL,
81 see now what you are driving at,
renlied McNamee and Mr.. Smith object
ed TO any further questioning on that line.
Ar his reduest the jury was taken out OF