Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-21

and you would fix me. Now L have come,
and i want you to make an apology.
McNamee said that he spoke In an or
binary tone OF voi.e while taking with
Mr.. Atwell, and that he did not even
then have any idea that fight was
going 90 be the outcome OF the analr. ne
said Mr. Atwell replied: rs that what
you have come here for?"
Witness replied: ut is."
THEY STRUCK SIMULTANEOUSLY.
Atwell. according to the witness. had
lis hand behind him and made a move
ment when he CMcNarte) struck az MIN
Atwell struck simultaneously. and the
blows met Atwell advanced upon MIN,
| and he began a retreat around the pole
| In the lick he struck at Atwell his SUCK
was shattered. About this time ne hearu
| some one say, xiii himT ana AtWeh
| threw his hand behind him again as IL 70
| draw a revolver, and tie witness think
| ing that his life was in danger. are"
| bis own revolver and fired. AS soon aS
he realized that Atwell was turning away
| from him, McNamee said, ne ceasen
| shooting. He denied that Atwel mol
| Tered until after he was snot' out ue-
| olared that on the contrary he was con-
| tlnuaIly curslng him (McNamee), calling
| him "a - d--n scoundrel,' and such
| vile names
| Being questioned by Mr.. Smith. NC
| Nance said that II ne had known that
| he would simply have been beaten py
| Atwell he would never have USED ms
weapon as he did not wish TO nave 10
| DO So He said that he had carried inc
pistol along because he had constIue"
| Atwelrs message to him through MS
own wife to be threat and. as prudent
man, recognizing how much stronger
] no nrepILtlOn
place the revolver In his pocket. Upon
| being cross-questioned as TO the breaking
| of the stick he said he was sure TINS
| was done by its coming In contact WIN
something hard when he struck at Atwell.
He referred to a sharp indentation upon
the cane near where 1t was broken, ana
this looked much as II II had been made
| by striking the stick against some edged
piece of metal.
BACK TO AN OLD TROUBLE.
Mr.. Richardson then began to question
the accused concerning his life prior TO
| the shooting, and asked him where he
was In 1871. McNameo said that he
could not tell exactly where ne lived
then. but he thought he boarded with
| q Mrs Harvey on Venable street. COun-
sci for the prosecution Intercepted the
| prisoner very closely upon this point,
asking him where he lived during tho
month of February, 1s1l, and the accused
said 90 | guess / know what you are
getting at" and was probably about to
make a further statement when he was
Interrupted by Mr. Smith, who objected
TO this lire OF questioning. The jury was
taken out, and the point was argued
briefly by alr Richardson for the Com
monwealth and Mr.. Smith for the de-
fence Mr. Richardson said that he eX-
pected to show that the prisoner had be-
fore been convicted of felony In that court,
and that this charge was OF shooting
his brother-ln-law In February 1877. Ii
desired 10 do this TO show the creIibilty
OF the witness.
Mr.. Smith opposed the introduction OF
the testimony on the ground that II was
not relevant and not fair TO the prisoner
and that this charge was Of shooting
Mr.. Carter also had a few words u say
in opposition to the admission Of the
evidence, stating that such testimony WAS
not legal in any instance except from
the plaintiffs side in IA scandal case.
| Judge Witt here intsrpOsed. saying that
as ne would Ike TO have time 10 look into
the point, and as it was then nearly
O'Clock, he would have the court adj
journod until 10 O'Clock this morning.
The firm Of Montague IL Dawson was
employed 10 prosecute McNamee and
Cau by prominent Odd-Felows Of Rich
mond, and not by members OF the Man
chester lodge to which Mr.. Atwen be
lougcd. Mr.. Montague is himself an Odd
Fellow, and would have appeared I'm the
case but for press Of other bushes.
matters.