Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-23
THE PROCEEDINGS IN DETAIL
ruIl Text OF tho Observation-Disclosures
of Additional Witnesscs-oth~r inte-
resting Features of the Case.

"Gen,lemen OF the jury. have you
agreed upon a verdictT' asked Clerk Law
ton.
Eve have notr' was the reply of Fore
man John X. Grimes.
"Swear I'm the deputies. Mr.. Clerk. ana
have the fury locked up until 10 O'Clock
tomorrow morning" said Judge Witt.
This brief dialogue was the reward OF
the crowd OF eager spectators who had
damned themselves into every avail
able particle of space Of the Hust-
ings courtroom last evening to hear the
conclusion Of the trial of the now cele-
bra,ed case OF Thomas -. McNamee for
the murder of Robert Lee Atwell; this
was the consolation of the anxious wife
Of the accused, who but few moments
before had left the chamber in order that
she might not break down should the
consequences be serious: this was the
prologue 10 another restless night for the
prisoner at the bar; this was the news
which conveyed 10 the relatives ana
friends of the accused the fact
that right and justice was to
be erred at least one day
longer. and this was the reluctant bit or
information which fell upon the ears of
the Court. its officers. and the counsel
I'm that tedious examination, when, at
o'clock. the jury came in and declared
that they had not been able to agree upon
verdict.
The moment was one of terrible sus-
pense. Nearly all constituting the large
crowd within the courtroom had been
there all day. Some had heard every word
OF evidence IN the case; had even sat or
stood through the long and wearisome
empanellIng Of the jury. The spectators
were crouched and crampcd into all sorts
Of positions and attitudes. During the
six hours OF the argument there was
scarcely movement throughout the
chamber.
Consequently. when 1t was finally an
nounced that the jury were returning,
every one endeavored TO life his head
high above that of the man In front
Of him, that he might hear the presumed
forthcoming verdict. The accused sat
with his characteristic composure. and,
except for twisting his moustache with
his left hand. he made no sign or move
inent. lie was a little more pale than
At any other time since the trial began.
but this was probably due TO the effects
Of the prolonged sessions of the day
and the narrowing character Of the argu-
ment on the part OF the prosecution.
TEARS FLOWED FREELY.
Until yesterday not a tear had been
Shed since the trial began, but the cloud
was fast gathering. and at last it burst.
Tasreafter At times there WAS hardly
dry eye In the conference.-the jury. court
officers, and spectators being deeply
moved. The picture presented was one
OF extreme pathos.
Both Mrs. McNamee, who occupied a
seat beside her husband all day. and
Mrs. Atwell. who sat few feet behind
her after she had been upoa the witness
stand, wept while counsel were arguing
the case, and Mrs Archer. aunt OF the
prisoner. seemed deeply moved through
out the day. Robert, the 6-year-old son
Of McNamee did not appear 10 realize
the gravity OF the situation, and. while
sitting upon his fathers knee. chatted
frequently with those close around him.
The evidence Of the day was purely re-
butial In character II simply sought 10
disprove McNamce's statement that At
We'll had on an overcoat when the shoot
ing took place. and that Atwell used
certain vile and ugly epithet to Mrs.
McNamee. the wife OF the accused.
About o'clock court TOOK brief recess
in order 10 give counsel time to hand IN
their Instructions. This was quickly done.
and the argument. which was fun. force
full, and eloquent. was promptly begun.
The speeches OF Mr.. III. NJ. Smith. Jr.,
counsel for the defendant. and OF Mr.. ID.
{. Richardson, the senior prosecuting
attorney. were especially able. exhaustive.
and interesting. MIR. Smiths speech.
while brief. was full OF brim and force,
and dealt scathingly with certain conflict
ing bits OF testimony on the part Of the
Commonwealth witnesses. Mr.. Richard
son argued the case with remarkable
ciearness and vigor. He reviewed the evil
dence ON both sides. pointed out what he
regarded as improbable and unfounded,
and then explained In graphic language
ana even dramatic manner his theory OF
the killing. and the causes leading up 10
H.
Mr. Dawson. OF counsel for the prosecu-
ton, made very unique and creditable
effort. lie showed much ability BIS a
criminal pieader. and his remarks en-
braced many interesting points, the force
Of which could not have fallen fiat. Mr..
hin Carter. the other attorney for the de-
fence. is lawyer 10 well known In the
courts OF Virginia that all Know
what to expect when they 50 TO hear him.
He addressed the jury In bis Usual rich.