Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-18
THE M'NAMEE TRIAL.
Els Case With That Of Gaul Fixed for
Hearing Tomorrow.
HISTORY OF THE KILLING.
II Occurred Nearly Year Ago and Kc-
suited from u Family Difference
Mr.. Archer fincd.


charged with the murder OF Robert Lee
AtwelL comes up In the Hastings Court
Tomorrow at II O'Clock. Although the
case has been postponed from time to
tine for various reasons. IL Is thought
that the examination will begin to-mor-
row morning Great interest has been
conferred In this case because of the promi-
nence Of the persons connected with !,
and tho peculiar circumstances leading up
20 the killing.
On the 18th OF December. last year.
Robert Lee Atwell. a yard-conductor Of
the Richmond and Danville railroad. was
called out OF little watch-house at the
corner OF Twenty-eighth and Dock streets
and shot and killed by McNamee. Nearly
eleven months have elapsed and the trial
has never yet taken place.
MIR. SMITH WILL DEFEND.
Immediately after the shooting McNa-
NEE went TO the Second rolice-StatioE
ana gave himself up. lie soon afterward
employed MessrS. II. NJ. Smith, Jr, and
Hili Carter TO defend him. Since then
Mr.. Smith has been elected TO the Office
OF Commonwealth Attorney but he feels
that he is in duty bound 10 represent the
tomorrow.
MIR. Smith has engaged the services Of
McSsrs. -. G. Richardson and Marion
J.. Dawson 10 prosecute both McNamee
ana Gaul, and these gentlemen are pre-
pared, IL Is understood. to go ahead with
the examination.
Both the people OF Richmond and those
OF Manchester are deeply interested IN
the result Of this trial. McNamee was
& resident Of the city across the James,
as was Atwell. The men were close neigh
bors. Both had busness in Richmond.
McNamce ran an upholsteriug establish
nent on east Marshall street. and Gaul.
the alleged accomplice In the crime. was
al one time one OF his employees.
STORY OF THD KILLING.
on the evening OF the murder II muir
der Il wns, Gaul and McNamee met in
Richmond, and the latter invited his
former employee over TO Manchester 10
take supper with him. This was accepted,
and after the evening meal McNamee
suggested walk. Gaul was agreeable
10 this proposition. and the two strolled
out, and talked about various matters.
among them q previous unpleasantness
between Messrs. Atwell and McNamee.
From what can be learned concerning
this controversy. Il seems that little
tricycle. In Atwelrs yard one day. and
that Atwell drove him out, but allowed
the machine to remain upon his premises.
Mrs. McNamee subsequently went over 10
the home of the htwells. and demanded
20 know why the child had been sent
homo without his tricycle.. 1t is alleged
that Mr.. Atwell made q disagreeable
reply TO Mrs. McNamee. and that this
was the cause OF the trouble.
McNamce made several attempts TO see
Atwel having called at his house in
Manchester q number Of times. only to
find that the yard-master was not at
home.
THE FATAL NIGHT.
on the evening of the 9th, however.
ncNamee determined TO find Atwell. and
went to his place OF work, at the foot
of Twenty-eighth street, and had Gaul
10 call the conductor out of the little
watch-house. where he was sitting. at
supper. Atwell walked out. and was In
yited across the street, where he met
the uphohterer and the difficulty trans
plred. a large black stick will be intro
duced In evidence by the defence. 1t Is
broken near the middle, and the accused
claims that this was due to a blow dealt
him by Atwcl before the shooting took
place.
the case was to 60 TO the watch-house
with McNamee TO settle an unpleasant
ness with the yard-conductor. lie de-
clares that he had no idea that q fatal
affray was going 20 be the result, ana
that had he known II he would never
have gone with his former employer. The
case has attracted widespread attention,
and will probably consume several days
time in its trial. The two indictments
against McNamee and Gaul will be taken
yp separately. that of the former being
called first.
MIR. Archer Heavily Fined.
Mr.. Wister Archer. principal OF the Uni
xersity High School. was tried in tn,
Hastings Court yesterday on the charge
of cruelty beating one Of his pupils, Car
ter Osterbind, son OF II. Carter Oster-
b,ro. who resides at No. 200 east Cary
street The case consumed the entire
day in this tribunal, and the jury fOund
a verdict OF SIS fine against the accused
Mr. Archer was represented ~ MT u
V. Meredith and Mr.. ii. NJ. Smith. Jr'
Con monwealth's Attorney, conducted the
prosecution. The question involved was
the extent of a school-teachers right 10
rrnish n scholar. a number OF Witnesses
II GLIDING young Osterbinds parents
went on the stand and testified as 20 the
condition Oh luc TAU WLNh pC ANe"'i~N
home from school on the day or the
trouble referred to.
Mr.. Archer stated upon the stand that
he had borne with the boy end endeav"
oied 10 make him study his lessons
which ne would not do. The school
teacher finally went TO him and told him
~ ne did not learn his lessons he (Archer)
would slap him. To this the pupil took
exception, and Mr.. Archer executed his
threat. Osterbind picked up an Iron
lcck, as il u strike his school-teacher
with It, and the two clinched. Accord
ing 10 Mr. Archer's testimony the lad
fen to the floor and bruised his face.
The Jury W s only out little while, re-
turning verdict as stated above. The
fine was paid by Mr. Archer
Other Court News.
In the Circuit Court yesterday In the
case Of Augustine q Glover VS.. Thomas
NJ. Landers verdict was rendered for the
plaintiff: Lacy A Horner VS. Leonard,
uIOn interpleader. veIclct for plaintiff.
Pearre Brothers & Co. VS.. Jacob Levy.
Judgment confessed by defendants at
torney In fact.
In the Law and Equity Court suit
was Instituted by I. II. Chapple VS.. west
ham Granite Company. Damages. wv.