The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-22
ON TRIAL FOR HIS LIFE.
IN THE M'NAMEE MURDER CASE TIE
EVIDENCE Is All IN
Tn. Gas. VIII ro.,ibly 90 TO the Jury To-
day-Mrs. McNamoe Not I""'"
Testify-h Boy Evidence

yos,ordav was the second day OF tue
hearing OF testimony tn the nus SUMO
Court in the case OF the Commoh"e"i,'
against Thomas y McNamee' "hC
charged d the murder OF Nooo'' -
Anseu al Twenty.eishh ana -"
streets. I'm this city. on me hlsn, .( ~, og
Ccoobcr ~ lNg As many persons
could bc admitted 90 the coui'-I 80.
out causing any Inconvenience NJ ,rrcat.
cnt all day. and followed WIN NE Of
est interest the gradual d"NeloP"''''''
the case. .ho etand
The DEFENDANT was again on the s'a.,u
for at least two hours, ana hdH ~ mo
80 a thorough cross-cNainh'a ''o ,,,d paw
hands OF Mcssrs Richardson anu ..,itb.
son rcprcsentng the common ~ f,,,
His d. leanor renamed p'II.S,,' IA me
and mind seemed TO- De no ,rds Of
least urbcd While in the ha'',i,.i
tho prosecution he had Q" MAKE So 80
alterations TO his testimony OF lht ~,
ViOus dav but ln the main ne II9.If', ono
a. r,,,rii. NO.. with the facts iE the case
The Interest manifested ny me tLSr-
took short turn upward SH'1,t,' IIsrr,,
the recess for dinner WIZ en- mo
N Smith brought Mrs. M'N'.''v az t.
,,,,,-f room for the purpose OF hiNiHS ne
testify boz her husbands behaH H. ny
a.. ......r.f.rs seemed TO bc somewhat
,,,,-,,r,sat v.beu the court ruled her cyi-
I..,', out ,irGrr the law. However. Inc
dleappoiutucut if there was any was d.
once abatcI when "a became known INA
tho ATTENDANTS SiA-ycai-otd son ShouIu
ttstfft ana fh, few minutes while the
rttr b,, was on the stand formed
hiehlv intcr,suug episode OF me trlal.
There were few more tilts between
.,IUsaI Yesterday than on the previous
da, hut they were promptly brought TO
n stop hy the rulings OF the court. Judge
S b. WITT presided and followed me
various phases of the case with ne closest
attention. ON his right on the bench
Sat Judge Livingston W. cleveland, OF
Sew Haven. Conn, ana Ny. +: = At
vino. another noted lawyer Of that city
was also another interested listener our
iuE the entire proceedings.
rHE IylDtScE NOT lDvTTtD.
IL was 1915 o'clock when the usual
routine business such as changes Of dates
for trials. etc. had been disposed Of ana
the hearing Of the evidence was again
taken up IN the case Of the common
wealth against Thomas y. McNamee
The Jury was again taken OIt and MI
Richardson. for the proscc ltion. In ad-
dressing the Court stated thdt ne would
like 10 have 10 distinctly understood that
he did not intend - 20 INTO me chaid. 10.
Of the defendant as long as no attempt
had been made 10 prove his good chardc-
ter. The defendant had been made wit
ness and was therefore subject 10 al
the rules which were governing other
witnesses.
Mr.. Carter thought not every conviction
would have any effect upon the crcoibii-
ity OF a witness. II this testimony was
admitted. II would work a great hard
ship Ia prejudicing the jury against the
prisoner
ter some consideration and had come
10 the conclusion that this cVie9'e was
not admissible. The authorities were al
yded on the admission Of testimony mat
attempted TO DEGRADE a witness, but a
majority OF them We're opposed 10 u on
questions not material TO the issue.
Furthermore. he did not think mat the
1. Frffa Id A "a t
should have the effect Of proving the
bad character Of z witness before he him
self had put 1t ia jeopardy.
Dr. Edgar Archer, of Manchester, was
then introduced 10y the defence for the
purpose OF proving that he attci ded Mr..
NcNamee ON last Christmas day. but the
testimony was objected TO by he prose
Cutiou. and IL was ruled out by the
Court
SEIGFANT EPPS TEsTIFIEs.
city Sergeant Charles II Epps was
next called. He stated that he had
known Gaul for about fifteen years. Mr..
Richardson objected 10 the testimony In
asmuch as Gauls vcrdcity lad not been
attacked Toy the evidence Of any witness.
but only during his own crOSs-eNamlnd-
ton The Court ruled. however, that the
evidence was admissible Sergeant Epps
I'm continuing his evidence. said that Gaul
was not arrested when he came 70 him
on the day after the homicide. He was
iu Jacob Myers. store, at No lO2 east
ltEtdl street. WUtu irdUl came IN anu
said Il have been looking for YOU for
two or three hours. ] want 10 see YOU
we walked 10 the back part Of the
store" witness said. "and Gaul remarked,
i was with McNdmcc last night, and
should ] not therefore go before the
coroner and teetffy"'
most undoubtedly / said" continued
witness. "dui / was determined to take
him. IS be declined 80 go. We first went
To- Laubc's undertaking establishment,
thinking that the inquest would be held
there. but hearing that IL was to be at the
First police station. we walked 10 Main
street and took the car. When we came
before the coroner ] told the latter This
man was with McNdmce. Some one
moved that the room be cleared, and all
the Witnesses were taken out. Gaul
walked into the hall and / spoke to the
officer bro charge. telling him how Gaul
came there. and suggesting to him that
am officer look after him. Having done
my part OF the duty in the matter. / left.
while Gaul and ! went down TO the
station house the latter told me how he
called AtWell out at the shdnty because
McNamee wanted to see him He told
me that Atwell struck McNamee, and
when the shooting commenced ne (GauD
ran away
~ NJ AGAIN on THE STAND.
The defendant was then again placed
ON the stand to De crOSs-eNamined by the
prosecution lie made in substance the
following statement.
81 have lived Ia Manchester for ten or
twelve years on anu on. mere is not
very much work In my line of business in
this city and / therefore went during that
time TO Philadelphia. Baltimore and Wash
ington to work. 1 left my wife here on
these occasions except once. when | took
her with me TO Baltimore.
ION Tuesday after Christmas l re-
ceiVed Information from my wife that
she had been grossly insulted 10y .,1well.
/ did not leave my house any more that
night. on Wednesday night / lett my
house and went on Hull street and stop
ped at LathamS bar-rOom where [ had
two games of pigCon-hole Mr. Mccarthy
was with me at the time. From tlsre we
went 10 Carter u WciSiger'S drugstore.
This was between and o'clock. | had
"A pistol In my oVcrcOat pocket. but did
tcrday 10y "a witness. ! went to the drug
store TO have prescription filled for my
sister-in-laW. From there went directly
home. and did not come out any more
that night
II don't think 1 left the house on Thurs
day night; / have no recollection of it,
but am very sure / remained at home. /
reached there about the usual time |
went TO Mr.. Ferris house on "Wednesday
night. but when you asked me a while
ago II went anywhere else that NIGHT
/ understood you 10 mean after / left
the drugstore. Before / reached home On
my way from Richmond that night 1
called at Atwcll and Ferris houses
who was with me afterwards IN Latham's
saloon was with me at the time, and at
my request he went 10 AtWells door 10
call him out He was Mr.. Mccarthy, who
lives somewhere In the west end of Rich
mond. / have no. seen him for several