The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-22

ient lie did not speak to Atwell since
MIR Archer never discussed Atwen with
me since this difficulty. From my general
knowledge OF Atwell | must say that he
was a violent man.
ONLY ELLrN BUSINESS.
81 have known Atwell seven or eight
years. | knew what his business was
hut did not know exactly 81, - po ga nn,v
was not very intimate with MN n anu t,,sfS
visited his house on one OCCASION on DUST
ness while he was there ho"eNel,
called there several times in his absence
when his wife wanted TO see me Oh ooiiie
business. He had been al my mus - one
| or eight times. / only met MN at or 'he
| other occasion. on the railroad oelo" ne
| shanty. | was then WORKING on tIs
steamer Ariel for Mr. HarWood: I kneS
| on the night OF the shooting that WouIl
| find Atwell somewhere on the ram "a. Iat
track. | was under the impression thal
| he was Of q violent temper ana J. tner
| fore sent my friend over TO the shauty I"
| let him know that / wanted TO see Nun.
1t did cross my mind at one uih9
| TO write him "A note 10 the effect tnat 1
wanted TO see him. started such hot a.
| but don't know whether | complt,ttt ~ ~,
| did not send II, and, in fact don Know
what became OF II. i heard voice uis
| tncty saying. XIII him. | also heard
| Atwells voice distinctly >,
| Here the cross-eXamination OF McNamee
| closed. and he was ordered to stand aside.
| Emmehna Muse, cOlored, was heHi
| called to the witness stand she saI .
| she lived on Ninth street In ManchesIet,
| across the street from sir. Atweii. ABOUT
| Christmas last, while in her room sIle
heard a fuss in the street, ana thlhklns
| that possibly her little boy, who used 10
| play with McNamees boy, had gotten
| INTO a row, she stepped into the door OF
her house and saw Mrs. McNamee stand
| ing at Atwells gate. She had fuss WIN
Atwell. but she twitness) could not near
! the first part OF it, She did hear, now,
ever. Atwell call Mrs. McNamee an old
W and a b.. Mrs McNameS men
| said: Il am going TO tell Tom Where
upon Atwell replied: Tel! Tom. ana be
Il d!d not hear all the converssation.,,
| witness continued. II don't NEEDLE with
! any one, and If the policeman had not
| come to me about the matter / would not
| have opened my mouth
A WHO'LL BATCH y DAUGHTEBs.
when cross examined by Mr.. Richard
son, witness made the following add
| tional statement:
Il have not only one daughter. but a
whole batch OF them | have lived on
| Ninth street I'm Manchester for several
| years. The fuss between Mr.. Atwell and
| Mrs. McNamee happened on the day be
| fore Christmas. ana, / think, between Z
| and 3 o'clock in the afternoon. am
certain Of the day. because on that day
| school was br5 aking up for the holidays.
and soon after the fuss my children
came home from school. My children had
| been to school that day, but they did not
| Year. School broke up on that day at
| 3 o'clock. A police sergeant from over
here (RiChmondD came over 10 MancheS-
ter the next day after Mr.. Atwell was
killed. He came TO see me, but ] dldn
know who he was, | think | could re-
| cOgniZe him
Clncer ho!dcraft was then called by
Air. Richardson. and as soon as witness
saw him she continued: Il think he was
| the man. l did not tell him what Atwell
| called Mrs. McNamee. ! only told him
| that Mrs. MCNamee said to Atwell she
| would tell Tom what he had said. | did
not tell the sergeant that did not know
what was said, but that / did not want
to have anything to do with IT. The next
one VINO came 10 see me about the mat
ter was Mr.. Smith counsel for de-
fendanU. This was about two months
ago. l told him all heard. No one else
has since come to see me about it, !
don't know where l was the day after
Christmas. | did not go to Richmond
during Christmas week. although l went
out every evening"
Witness was then told TO stand aside,
| and Mr. Hill Carter In addressing the
| Court, said that the defence proposed 10
| put Mrs. McNamee on the stand In her
| husbands behalf, under the new law,
which allowed husband and wife to tes-
iY for and against each other. Mrs.
| McNamee and her little boy had in the
meantime been brought into the court
room by Mr.. II. II. Smith. Jr. Mr.. Rich
3rdson objected to Mrs. McNamee's evil
de1cc.
HE SEw LAW DID NOT STAND rHg TEST.
After a short discussion between Messrs
| Carter and Richardson. Judge Witt
| stated that he had anticipated Just such
! controversy, and that he had looked
| into the subject on the previous evening.
X was a requirement Of the COnstitu-
! ton Of this State that the title Of an
! act should give the subjects contained in
| he act Itself. The new law under which
| counsel for the defence intended TO in
| - Inn e
| defendant had the title AN act TO make
| husband and wife competent witnesses
| for or against each other i'm civil cases"
| Inc act itself treated Of the testifving Of
| husband and wife in civil cases. BESIDES
| IL contained another section concerning
! their testimony in criminal cases The
| substance Of that section not being mem
toned in the title Of the act he felt COM
| pelled 70 declare that section void. and.
| therefore, TO rule out the evidence Of
| Mrs. McNamee.
The section declared void by Judge
| witt is Section 2. IL reads as follows:
"2. In criminal cases husband ana wife
| shall be allowed 10 testify in behalf OF
| each other. but neither shall be COM
PEELED 70 testify against the other. II
! case as a witness in behalf Of the other.
| the one 50 examined shall be deemed
| competent to testify in such case. as
well against as in behalf of such other.
bat the failure Of either husband or
wife 10 testify shall create no presump-
! tiOn against the accused, nor be the sub
| tect of any comment before the court or
jury by the prosecuting attorney"
The LITTLE BOY P.A'FD on TN STAND
The next question that caused a dis
cussion between counsel was as 10 wbetb-
er the little boy Of the defendant should
be allowed 10 testify. II was finally
agreed TO test his mental faculties.
When questioned by Mr.. Hill Carter
! the boy said.
Il have been going to Sundav-ecbooi
God is the father Of us all BY kissing
the Bible men promise God TO tell the
truth"
When asked by Mr.. Richardson the
boy said that no one had gone over these
questions with him, nor told him what 10
answer.
Under the law it would have been ner-
fectly proper and right to give him sucb
Instructions. After Mr.. William =. Law.
ton. clerk of the court had administered
the oath 10 the boy, the latter made
the following statement:
My name is Robert Chalmers Mona
NEE. | am SIX years old. At Christmas /
went to Mr.. AtWelrs house with mn,
bicycle. | did not bring il back. because
he would not let me. / went home ana
told my mamma. | went back Wirb her
to Mr.. Atwell's house" - '''
When asked what Mr.. AtweU said 70
his mamma, the hoy replied 81 H. W
forgot" He made the same ansver none rSne
asked what names Mr.. AtweU called ~
mamma. He added, however thar Ms Ms
Atwell quarrelled with her and that -,
then came away with him She Grid ~
cause Mr.. Atwell quarrelled wirb 49,
He also said that he did not want 10 90
back TO Atwelis house alone. because bo
was afraid OF me man who looked So