Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-22

that Atweii, M soon as I fred. turned 10
run away but as soon 40 ! realized that
/! he was going away from me and my life
was out Of danger. ceased firing at him.
| The shots were fred In quite rapid sue
cessIon, and checked myself as soon as
I saw that he was retreating"
| "Then." said Mr.. Richardson, when you
fired the fatal shot Atwcll was going away
| from you. was heY'
| Eyes. SIR" replied the defendant. ''but
! ] was shooting very rapidly. and was ex-
cited. because / feared that was going
| to be shot myself"
| The witness again went over his testI-
mony concerning what he claimed Atwell
had in his right hand when the difficulty
took place. and laid much stress upon the
statement that the yard conductor was
clad In long. dark overcoat.
the sleeves Of which came far
down upon his hands. McNamee said that
| this object was something dark and hard
| He also spoke Of the injury he received
| upon his left hand In the ARRAY. He said
that he was struck upon this hand by
| Atwell, and that the forefinger was badly
skinned and the thumb bruised quite pain
| fully
Can you state positively that Mr.. At
| well had on long. dark overcoat when
that difficulty took placer asked Mr..
| Richardson.
| At first the accused hestated, as COL
| lecting his thoughts about the matter,
| then he said in most emphatic way:
Eyes, sir, do say So"
THIS NOT THE COAT.
A bundle Of clothes were then taken
| from under the desk of the City Sergeant
| and the only coat therein, short sack
! OF brown worsted or cashmere was taken
| out by Mr.. Richardson.
rs this the long, black overcoat, Mr.
| McNamee' continued the counsel for the
| prosecution. as he himself put on the gar
| ment and turned toward the prisoner
| that you have testified that the dead
man wore on the night Of the difficulty"
This caused a ripple OF laughter through
| out the courtroom, as the coat was very
| short. and looked exceedingly absurd on
| the back Of the lawyer for the Common
| wealth.
McNamee replied: "Mr. Atwel may
| have had on that coat at the time but
| II he did II was under another coat"
Mr.. Smith here interposed that he could
| not see that this garment was any over
| coat at all.
| The coat was closely viewed by counsel
| In the case as well as by Judge Wit
| There were two bullet-holes-one high up
| on the back Of the right sleeve, and the
| other under the part which covered the
| right shoulder-blade. The accused was
| subjected TO some further questioning by
| the Commemorative lawyers, and was
| then told to stand aside.
What Emeline Heard Atweli Say.
Mr.. Smith. for the defence, then brought
| into the courtroom an old colored woman
| giving her name as Emeline Muse. She
] said she lived on Ninth street, in Manches-
| ter. just opposite the home Of Atwell.
| On the afternoon of one OF the Christmas
holidays while standing at a window In
| her house. she heard n fuss In the street
| In front Of her home and, thinking one
| of her boys was In the quarrel. went to
| her door to call the lad in. When she
| got to the door she heard Mr.. Atwell call
| Mrs. McNamee a name which would not
| look well In print. but which was about
| the same as that referred to by Mr.. Nc
| Nance In his testimony on the day be-
| fore az having been told to him by his
| wife. The old woman said that she then
| heard Mrs. McNamee say "She would go
and tell Tom what he (AtwelD had said
| TO her. and Mr. Atwell replied, Go, and
| be ID"
on cross-examinlng the witness Mr..
| Richardson said: Have you a husband,
| old LADY,"
'Yaas sir" was the laconic reply Of the
enfeebled witness
Have you daughter"
'Yaas sir; whole passed. Of EN-"
| Qaughter)
where did you say you lived?"
"Ain't you never been up dere on Ninth
street." began Emellne.
90 yes" replied Mr. Richardson. 81
was over there on Saturday last, but
did not see YOU i saw one Of your
daughters"
The old woman said that she was en-
gagged when counsel called and did not
see him. She was busy cooking dinner.
BECAME RATHER IMPERTINENT.
Mr.. Richardson then began to question
the witness concerning the time of the
occurrence, when she said she heard such
language on the part OF the deceased
She said she thought II was on the day
before Christmas, although she never
kept any account of days as they passed
by. She added that the affair must have
happened between and o'clock, as
the children had come from school,
The old woman gave Mr. Richardson
two or three impertinent answers, and the
Judge told her If she did SO again he
would fine her.
In answer TO question by Mr.. Richard
son, the witness said she did not come
over to Richmond at any time during
the last Christmas holidays Mr. Smith
came to see her about the case about
two months ago.
Mr.. Richardson attempted 10 show
some discrepancies in the statements of
the old woman concerning the case by
calling officer Holdcraft to the stand
again. and asking him whether she made
the same statement to him when he went
TO see her shortly after the killing.
The officer was not allowed to answer
just at that time, and the old woman
stated that she told the Sergeant" as
she called him. that she was not going
to say anything about the matter. She
denied emphatically ever having told a
different story concerning the quarrel be-
tween Mr.. Atwell and Mrs. McNamee.
Wife Not Allowed TO Testify.
| At this juncture in the case the incl
| dent of the day occurred. Mrs. McNa-
NEE and the little boy, who has figured
so conspicuously In 1t. were escorted to
| the witness-stand by Mr.. Smith, and cir.
| Carter arose, and addressing the Court,
| stated that he wished to put Mrs. Nc
| Nance on the stand to testify in her
| husbands behalf under the enactment
| of the last Legislature Of Virginia con-
| corning the giving Of testimony by a
wife or a husband for or against the
| other in civil and criminal cases. Mr.
| Carter said he knew that the title to the
| act had been found TO be faulty, but
| OF the lawmakers to have the law so as
| to admit of such evidence in both civil
and criminal cases. as was fully set forth
| In the body Of the act.
Mr. Richardson made brief objection.
| and the Court ruled that Mrs. McNamee
| could rot testify. inasmuch as the Con-
| stltution provided that the title of an
act must fully explain the contents OF
| the enactment. The title to this act
| Judge Witt. continued. only referred to
| civil cases. and although there was an
| amendment embracing criminal cases he
would have TO abide by what the Consti-
| tuition had TO say upon the matter.
The Son Testifles.
The little boy was then the object OF
the Courts attention. Counsel for the
defence asked permission to put him on
| the stand
How old are you. little MANI" asked
| Judge Witt, pleasantly.
I'm years old" replied the child.
| putting his little finger in the corner
of his mouth. The Judge decided that the
boy could testify. and the question then
arose as &c whether the child should be