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

| When the stick was shown McNainee AZ
| the station-hs use, with the question
whether II was his. he declined at first
| TO acknowledge that II was his
THE STICK WAS BROKEN.
| On cross-examinatlon, Sergeant Math.
/ ews said he did not remember mat any
| thing was said at the time as TO how th'
stick had been broken. and ne ala not
hear the remark made by any one
| the station-house that an indentauon
] made on the stick was caused by the
striking Of the same against something
| sharp.
Mr.. r. A. Nance. of Manchester, was
| next called TO the stand. He said that
he knew Mr.. McNamee by sight. and he
| saw him on Wednesday after Christmas
| between s and o'clock In the evening
enter the saloon of Lee Latiy. In Man
| chester, with another fellow, VINO FAVOR
ed Gaul, as he would not state positively
| that II was Gaul. On that occasion
| McNamee had a pistol in his possession.
| John jefferson, the 'colored sexton OF
the Central Methodist church on Ninth
| street in Manchester, when called 20 the
| witness chair. said that he lived or
| Ninth street knew Mr.. Atwell, and In 60
| ing from his house to the church had 70
pass Mr.; Atwells residence. on VEG ed
| church and when on his way nome ne
! passed Mr.. Atwells house. He saw two
| men at the door. one OF them knocking
| while the other stood In the shade of
tree. Witness while passing spoke up.
| he thought, that there was no one In the
| house. He was unGer the impression
| that the man on the sidewalk near the
| tree had on an oVercOat, but he was no
certain whether il was Mr.. NcNamee
! This happened between 10 and IL O'Clock
! In the evening.
At this juncture Mr.. Richardson an
| nounced that the Commonwealth would
! rest the case.
! THE DEFFSCE BEGINS.
1 eta
! ed in to produce the evidence of their
| side, and Mr.. William T. Gaul. who had
been left in the office of the City Ser
| geant, was called to the stand. lie
| stated. in substance. as follows
| II am indicted as an accessory to the
| killing of Atwei, and have been kept IN
| jail for eleven months. / worked for
| McNamee for about three months before
! Christmas. and left there on Saturday
| prior TO Christmas day. | was then feel
| ing unwel but was told by McNamee he
| would have eggnogg on Christmas, ana /
| should come over that day. | said J
| would If ] felt well enough However, /
| was still feeling badly that day and did
| not 80, in fact. / stayed at home all
! that week. on Friday after Christmas, in
/ the afternoon. McNamee. Mr.. Vaughan
| and a Mr.. Kenney came to see me at my
home i'm Henrieo county near Barton
| Heights and after short stay ! was
| asked by McNamee TO go to the city
| with him. | consented and we walked
4
| drink at Ford's. to Marshall street to
! McNamee's shop. There we stopped
| McNamee got his oVercoat ana cane
and We walked to Marshall and Seventh
streets where we had another drink
Vaughan and Kenney left us. and Nc
| Nance and myself went over To Man
| chester. / having been invited TO take
| supper with McNamee. When we left the
| car We stopped at Atwels house. and,
| at MCNamee's request, | went up on the
| porch and knocked at the door, intending
| to let Atwell know that McNamee woulu
| like to see him, but no one opened the
! door.
SUPPER AT M'SAMFE's HOUSE.
We then went to McNamees house
| and had supper. and after we had fin
| ishcd our meal we left the house and
walked as far as Hull street 10 the cor
ner or the street that leads 10 the Free
Bridge. There we took the car for Rich
mond, and at the corner Of Ninth and
Main streets we transferred and went
down Main street until we reached the
bridge under which the tracks Of tlc
York River railroad are running. There
We got off the car and took another
| drink Then we walked down the steps
to Dock street and came TO the little
house and near by an engine was stand
ing. McNamee asked me 10 go and look
for Atwell, in order to tell him that he
would like 10 see him. | did not go to
the house direct. but first went 10 the
engine. on which was Mr.. George Han
kins, whom / knew well / asked him
about Atwell, and was told that he was
in the little house eating his supper.
When / left McNamee the latter said
that he would remain at the electric light
pole. l went to the door and ratified.
told the man who opened the door that
| would like to see Mr.. AtWell. When
the latter came to the door | told him
that McNamee wanted TO speak to him.
We walked about five steps when Atwell
asked where McNamee was, and | point
ed him out at the pole. Atwell said: ION,
yes, / see him.. He looked very excited
and asked me to 20 with him, which |
did.
WHAT WAS IN HIS HANDY
When We came near McNamee Atweil
ran ms hand IN his nip pocket, but 1
did not see MIN take QUE anything. Me
Nance then said to HIM: You lnsulted
my wife and drOve my little boy out OF
your yard and kept mis- bicycle, and
demand an apology. AtWell then struck
at him and said, If you want 10 lIShl
YOU can have It, or words TO that effect,
and struck a McNamee Inc latter then
mt HIM with his stick. Atwell had some
thing in his hand when he struck, but l
could not see what 1t was, ana al the
same time some one hallowed, Lee Xiii
nm. Then Atwell made another motion
as If he was about 10 pull out pistol,
and McNamee, thinking that Atwel would
snoot him he fired at the latter. AZ the
same time several people were yelling,
XIII him, Kill him the shots were nred
IN rapid succession. / never laid my
hands on Atwell and did not strike him.
When McNamee fired the first shot he
and Atwen were facing each other AS
soon as the firing began l ran away.
THREE DBISEs OF WHISKY.
Upon REORGANIZATION by Messrs.
Richardson and Dawson, witness made,
I'M substance, the following statement III
replyIng TO the questions put to him,
some OF which were answered with great
hesitancy, and to large extent with
II have lived in Henrico county for
three months. Before that / lived on
FIRST street, in Richmond. Have known
McNamee Tor seven or eight years. On
Friday after Christmas, when 1 went
downtown with McNamee, Vaughan and
Kenney, We had three drinks together.
FIRST We stopped at FOrd'S, on Second
street. near the cemetery. What the
Others took | do not know, but / took
whisky. Then we went 10 McNamees
shop, and from there TO the corner Of
Seventh and MARSHALL streets where /
again took whisky. Then McNamee and
myself took the car to Manchester to take
supper at his house. After supper we
went TO Richmond. and stopped In a
saloon near the bridge over Main street
under which the tracks of the YORK River
road are running. There | again had
whisky
After describing again how he got At
well out of the house. witness continued:
when we got near McNamee Atwell
made a hck at him. | saw him have
something in his hand, but could not see
what i was. He had his lantern on his
arm. and. / think on the left arm. /
was within ten or twelve feet Of him.
If McNamee said in the station-house
that 10 one was with him he lied Nc
Nance. struck at Atwell with his stick