Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-23


| son on earth could Mn. NcNamee have
had for telling lie about such thing,
| unless she was q hend. and desired to
bring about the death Of the two men,
one Of whom was her own husband. who
had referred to her In the evidence as
noble and loyal wife.
Noble and loyal wives did not do such
things. Noble and devoted wives did not
tell such lies.
Many . man with . drop Of honest
blood In his veins. to say nothing Of the
pure Irish blood which flowed In the veins
| OF the defendant. would have gone right
out Of his house with murder in his heart.
This McNamee did not do. but he gave
| Atwell time to reflect. What he wanted
was an apology. He expected nothing
more
"Yes." said Mr.. Carter. "McNamee put
| pistol In his pocket. OF course. he did.
He tells you, gentlemen Of the jury. that
he did this because II It became necessary
for him to defend his own life. he would
be prepared to do SO.
| You have had Il impressed upon you
that McNamee went down and had Atwell
called out, and, like a murderer. skulking
In the dark, shot him under the shadow
OF the electric-light. Yes. we admit Nc
Nance was In the shadow OF the elec-
tric-light, but In order to get out OF that
shadow he had to pass through the
brightest Of the light. In circling around
that pole. being pressed on by Atwell.
a heavier man. the prisoner was seen, and
IL appears, plainly seen. by all Of the men
| from the shanty."
WHEN ARE YOU COMING HOMER"
| The counsel, continuing his argument,
spoke most pathetically Of the testimony
OF the little son Of McNamee. He said
that child did not even now realize the
| gravity Of his parents condition. and
had ignorantly whispered to his father
during that trial: Papa, when are you
coming homer
Here the prisoner dropped his face into
| his hands and showed the first signs OF
emotion displayed by him since the trial
began Mr.. Carter said that child could
| not have gone on the stand and have
told q lie about what he had seen and
| heard. The little fellow knew that Mr..
Atwell looked at him very GROSSLY, and he
had seen his mamma cry when Mr.. Atwel
quarrelled at her.
| Going back to the shooting, Mr. Carter
said the testimony Of McNamee concern
ing the conversation under the electric
| light stood absolutely uncontradicted. The
accused told the Jury that he told Mr.,
| Atwell, not In anger. not in harsh words,
called his sister-in-law O liar on his
account, grossly insulted his wife, and
| told her to send McNamee to see him.
| Not even the witnesses heard any harsh
/ words on the part of the accused. Taking
| up the stick, which has figured in the
case. Mr.. Carter said that the evidence
| concerning 1t was plain that the cane was
broken by coming In contact with some
| thing hard in the hand of Atwell. Great
| Sfr Iat n nj N
firing. counsel explaining from the course
taken by the bullets that they entered
from the side and must have been fired
as Atwell was turning. as was stated
upon oath By McNamee.
DEMAND FOR AN APOLOGY.
Mr. Carter took UP several of the In
structions and discussed at length the
provocation for the demand for an
apology. He spoke Of what the law re-
| ferred to as cooling time, and declared
that the longer lapse before a man can
demand an apology for such an insult
to his wife the deeper the imputation
burns into his heart and excites his ma
| ture. The law did not contemplate MAX
ing a man sit still and allow his child
to be driven out Of neighbours yard and
his wife to be grossly insulted by this
neighbor. One Of the instructions stipu-
| Iating tnal the accused snOulu De IOunu
| not guilty If the jury believed that when
| McNamee fired the fatal shot he believed
that his life was in danger. or that he
| was in danger Of serious bodily injury
| was dwelt upon at length by Mr.. Carter.
who said II McNamee fired that pistol
when he believed that his own life was
In jeopardy he had right to shoot
and was entitled to a verdict Of not guilty
at the hands Of the jury.
Harry Smiths Fine Speech.
More than an hour before the court
was to reassemble to hear the concluding
speeches crowds had assembled around
| every door to the tribunal chamber, and
| these were swelled at the time cor the
reconyening OF the court. When the doors
were finally thrown open there was a Jam
| for admittance that was frightful, and
| even painful and dangerous to q great
many who were wedged between the
doors. Once or twice officer Holdcraft
experienced a great deal OF trouble in
managing the crowd at the main en-
| trance, and the scene there was mobilize
When Deputy-Sergeant Ferneyhough
raped for order there was not a spare
foot OF space where person could stand.
| The argument OF the afternoon was open
| ed by Mr. Smith for the defence, who
began by again explaining to the jury and
the spectators why he appeared on that
side OF the case Mr.. Smith then, in a
placid. solemn manner, stated that human
nature was weak. There was never bur
enc perfect man. Counsel deplored as
much as any one. the prisoner at the bar
deplored. the family Of McNamee de-
| plored the fact that q kind affectlonate
husband and father had been taken away
| in the prime of life. Mr.. Smith said he
| did not doubt that Mr. Atwell was a
| member OF the church. He would not for
anything heap calumny upon the head OF
| the dead.
Gentlemen Of the Jury" said Mr. Smith,
the counsel for the prosecution have put
| upon the stand as witnesses the wife and
mother-in-law and preacher OF the de-
ceased TO prove that Mr.. Atwell did not
| curse. Why did not they put Mr.. Shelton
and Mr.. Nunnally and Mr. Godsey on the
| stand to prove this. / myself am but n
| man." continued Mr.. Smith, almost dra-
| matically. land / am frail enough to be
| guilty sometimes Of indulging In that
sort Of indiscretion; yet, gentlemen Of the
| jury. am confident that / could brineb to
you my wife and my mother-in-law and
my preacher and that they would testify
that they had never heard me curse"
A LIFE FOR A LIFE.
| Mr.. Smith said that the prisoner would
to-day willingly give up his own life II
he could restore the life OF Robert Lee
| Atwell. II such q thing were possible.
| The honesty of his statements and OF his
conduct was such as to warrant every
| ore In the belief that the defence had been
| an honest one. The counsel read from
yesterday mornings Dispatch the testi
| irony of the little boy of the accused.
| giving In detail the questions and answers
o! the child pricr 20 his being placed on
the stand. The mother who taught at
her knee those lessons of God to her child
cd not deserve to have that vile epithet
alleged to have bser used by Atwell.
furled at her. The other who nerited
Il at sort OF irrputltion did not teach
| the child those lessons" declared Mr..
Smith. pathetically. Mr.. Smith spoke Of
the frankness OF Robert WHILE on the
stand. and then moysd along TO the state
| ents OF the other Witnesses He said
| ttat unless Godsey end Nunnally AMI
| Shelton and Morton bad lied McNamee
was not standing in the dark. but was
| standing under the bread flashes OF that
| electric-light. because every one of them
claimed to have ses1 him. and even one
| OF them declared that he saw McNamee
aving a black stick Mr.. Smith thought
1. was a very difficult thing for man to