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

not been felt by this accused. Mr.. Rich
ardson COMMUNICATED tho cevnsel for the
Accused BIZ saying that the prisoner had
had the Advantage IN this Investigation
OF two Of the ablest and most distin-
s1,isbed criminal lawyers In the state.
He had had the benefit Of every adj
vantage that this community could give
10 him n he were as rich as crossus
and as popular as the most popular man
In this land.
Mr.. Richardson then took up the In
structions and explained certain OF them
Murder was the charge. said Mr.. hicn-
ardscn, which he explained Was the I'M
lawful killing Of any person win murder
aforethought. Manslaughter was oeiow
murder. Murder by poison, pysiying IN
wait" continued Mr.. RICHARDSON. any
wllfui, premeditated killing Is murder IN
the first degree. / believe. gentiemen OF
the fury, that the case before you TINS
evening is one Of murder In the FIRST de-
gree. You may have appreciated the fict
that we have very few cases OF murder
IN the first degree In the State OF Vir-
ginia, Lying In wait. waiting Tor man
with the determination TO XIII MIN y"
sight Is murder In the first degree.
THOSE TRANSFER TICKETS.
Mr.. Richardson spoke OF the nnding
OF the two transfer tickets from VI.
Manchester line inside OF the renee Jus'
at the point where the nomic"o "
CURED. Those tickets were aa'.u &c
cember 18th, the day before tne killhs.
Counsel then spoke Of the testimony
Of the prisoner as to his whereabouts
that evening. and said IL his memory
served him correctly, McNamee said that
he could not remember to save MS NE
where he was.
Mr.. Richardson said. that he could not
say It was in evidence, but from VIVA.
had transpired in the case, ne uiu
not believe that Mrs. McNamee ever
told McNamee that Atwell used the IAN
guage accredited to him to Mrs. NC
Nance. He had found this condition OF
affairs: A citizen, Robert Lee Atweh'
had been murdered; shot down In the
street by Thomas n. McNamee, and the
only testimony to corroborate the EVIL
dence of the accused was that OF Gaui.
his accomplish. This fact alone wouia
Justify the jury In laying asiue 'he.,
statements as improbable and false, ana
In bringing in a verdict OF guilty Oh
murder in the first degree.
THE kEBOllAl1 AEOi iSiC-NA'
Mr.. Richardson went over the testimony
of the servant girl Of the Atwells, ana
of the mother-in-iaw of Mr.. Atweil, ana
of Mrs Atwell, concerning what was
said between Mr.. Atwell and Mrs. NC
Nance on the Wednesday afternoon, ana
said that In view Of the positive sworn
testimony of these ladies, he did not pc
lieye that Atwell ever used that epithet
toward Mrs. McNamee. The reputation
for morality possessed by Mr.. Atwell was
incidentally referred to, and Mr.. Richard
son assured the jury that 1t was pre-
MYSTERIOUS to presume that Atwel ever
used such language as McNamee ana
Emeline Muse. the old negro woman
from Manchester, said he did. The evil
dence of the witnesses for the Com
monwealth was hurriedly reviewed. and
Mr.. Richardson said Mr.. Atwell may
have had some good, substantial rea-
sons why he did not want the
McNamee child I'm his yard. AtwelPs
Inns were now closed In death. II may
have been that Mr.. Atwell. being at WORK
at night. wanted TO get few hours or
sleep, and II so. did not want his repose
disturbed by children playing In his yard
Mr.. Richardson outlined the testimony
concerning the interview between Mrs.
did not believe that this was the provo
cation for this murder. There must have
been something back OF It which ranked
in McNamee's heart and filled 1t with
malice. Mr.. Richardson said no one could
pierce the heart OF that defendant and
tell what his motives were, but the most
atrocious thing that had been done In
this investigation was to cover with the
slime Of calumny the grave OF poor Robert
Lee Atwell. and he thought 1t atrocious
to have brought up To- this courtroom
that old negro woman. Emeline Muse. to
testify upon that point. He said he
knew that his friends, Messrs. Smith and
Carter, had nothing to do with that. and
added that the perpetrator OF this vile
deed was not satisfied with shooting down
Robert Lee Atwell. but was anxious to
inscribe upon his tombstone that he met
the death that he deserved.
COUNSEL'S CLOSING WORDS.
After reviewing carefully the whole tes-
timony Mr.. Richardson said that 1t was
not to save Gaul, but to save himself, that
McNamee contradicted the direct evidence
Of three witnesses that Gaul was not
holding Atwell when the shooting COM
menced. The statement "He put his hand
behind him" was becoming a fashionable
defence In murder cases. The speaker
said he thought he had heard something
OF this kind recently, when that Clifton
Forge case. In which a man was murder
ed and shot down. was tried at Coving-
ton. Mr.. Richardson said 1t was his theo-
ry that the first shot missed Atwell be-
cause he was being held by Gaul. and
therefore was turning and twisting, and
that McNamee, fearing that he might shoot
Gaul. did not take as good aim as he
did afterward. Then Atwell. breaking
away from Gaul and starting to run,
was shot twice. and the bullet-holes In the
coat of the murdered man told more elo-
quently than words could describe the
deep damnation that had been perpetrated
when the soul OF Robert Lee Atwell went
up to meet Its Maker
Mr.. Richardson's closing was really elo-
quent. He had spoken over two hours.
and when his closing words. which were
descriptive OF the scenes In the homes OF
the two families most deeply affected by
this homicide, had died away there was
hardly an eye In the court but was moist
with tears. and there was not a heart
hut which felt emotion from the force OF
his language.