The times. [volume] (Richmond, Va.) 1890-1903, 1894-01-07
ON TRIAL FOR MURDER.
EXAMINATION or M'N4MEE ND
G1UL IN the POLICE COURT.
While McNsmce sbef-Centradtciory
Icstimony-The Other Cases.

field. The crowd began TO gather on the
corner of Mayo and Franklin. By
o'clock, when Sergeant Tompklns opened
the doors. At o'clock there was a rush
10 secure good seats. BY half-past
o'clock the court was filled, by o'clock
II was damned, and when Sergeant
Thomas raped TOR order there was not
an available foot OF standing room lett'
Al $40 McNamee ana Gaull, with the
other prisoners, were brought INTO the
court by Deputy-SergeanL Ralston. Me
Nance was neatly dressed. lie appeared
very composed, but seemed TO fuliy APP
prciatc the gravity OF his situation lie
coatted pleasantly with fnends Nheh
spoken to. but aid not seek 10 enter
into conversation with any one paull
was likewise very quiet in MS demeanor'
hut answered very freely ali questions
asked him. The rest Of the docket was
disposed OF first. At 1920 the case was
called McNamee and Gaull took seats
behind the bar, on the light-hand side,
near their counsel, Messrs. Harry smith,
and Hill Garter. on the left-hand side
was the Commonwealth, represented BY
Colonel SpOtswood, d. c. Richardson, and
NJ. NJ. L. Dawson, OF the law firm OF
Montague and Dawson. delay OF thirty
minutes ensued in order 10 give the COM
monwealth time 20 privately interview
some of their Witnesses, 50 that 1t was
1850 when Coroner Taylor, the hrst Wit
ness, was put on the stand.
Ta- 40 ~r i -'hes'
lie testified that in the inquest which he
held upon Atwell. he found two wounds
made bv bullets fired from PISTOL Inc
first wound was above the right arm-plt.
me bail penetrated the muscies 81 ,"e
shoulder. and was cut out OF the
hasc of the neck. Dr. Taylor said the
wound WAS not n dangerous one. The
second ball entered about two .nenes
from the lower right side, passed diagonal
lv $40 through the right lung ana heart
and was cut out 10 the left or the rlEht
breast DR. Taylor said that this was the
wound that caused Mr.. Atwelis immediate
death.
There were two slight bruises. upon the
bodv. one above the eyebrow ana the
otner across the nose. Coroner Iaylor
thought this was probably caused by MT.
AtweU when he fell lie furiner stated
,bat NcNamee must have been standing
- dista,,ce of when he shot, as he
Noticed no smell Of burnt powder, or
singeine of Atwells coat where the bullets
entered.
The Next Wines.
Mr. William Godsey was the next wit
ness mt mon the stand. He appeared a
triae nervous. and II was with great
dificulty that counsel for the defense,
could secure DEFINITE ailSNeis ~ az "a
their questions.
His testimony was to the effect that
he was in the shanty where Atwell and
several other men were eating ther
sumner. when some one Knocked at the
door and askd to see Mr.. AtWen. lie
saw MIR. Atwell walk off with a man.
but could not tell If McNamee was the
man He heard Atwel utter cry OF
distress saw man shoot three tinies'
and then run. Witness couid not say
that ne saw any blows passed. lie start
ed after the shooting in pursuit OF Nc
Nance.
Mir. William H. Nunnally, a switchman
in the yards where the murder occurred,
was next put upon the stand, ana tes-
tilted that Gaul was the man who came
to the door and asked If he could see
Atwen He said that at the time he
was obliged 10 attend 10 some signal
ing of trains, so could not pay much
attention to the men. He heard At
well give a cry Of distress, saw man
holding him: he further saw man
who was standing off little distance
shoot Atwell At the first shot, the
man who was holding Atwell released
him and ran off, while the man who was
standing some distance off fired two
more shots and then ran. Mr.. NunhsIly
could not identify Gaul as the man VINO
held Atwell. Mr.. Nunnaly, like Mr.. COD
sev. seemed 10th TO answer the question
Of the defense, and Justice Crutchield
was obliged TO make him answer IN sew
eral cases. In the cross examination by
the defense. the witness was uncertain
upon several points, and, when MI
Smith asked him If the man Who was
holding Atwel was in bad position
for him (witness) TO recognize hlm' III
as much as MIR. Atweli was between
them, Mr.. Nunnay refused to answer
the question.
Witness testified that Mr.. Atwell
staggered toward him, with his arms
out-stretched and fell on his face. Wiz
ness thought the entire affair lasted
about four or five minutes.
Identified Gaul.
Mr.. -. SHELTON was next placed upon
the stand. He identified Gaul as the man
who came to the door; he saw nm ioiiOW
Atweu as the latter advanced toward
McNamcc. lie saw McNiamee strike AT
Atwell. lie further stated that "h'"
TINS happened hdhi hil AtNfh ohN 49,
grabbed him and held him until ono shot
was fired when ne released him and ran
lie also testified to the fact tnat 'McNamec
shot twice more in quick succession ana
then ran down the street.
Mr. Shelton said nc heard Atwcll cry
out come here" Mr. shelton is a nephew
OF the Diseased, and lives with tho
family. lie knew there was trouble be-
tween the men, but did not know thaI
| there WAS any bad blood between them.
lie admitted he felt nervous VIXEN AtWcll
was called out. Ak he had heard McNamee
wanted to see him. lie also thought the
scunic lasted three or four minutes. Mr..
smith asked Mr.. Shelton several questions
IN which he contradicted statements that
no had madc at the Cororner's Inquest
| The Commonwealth objected but cOun-
sci insisted that the defense had the right
| 70 use the Coronor's inquest as evidence.
! If they simply asked tho Witness IL lie had
made such and such statements at the
Inquest. MIR. Shelton answered more
clearly than any Of his predecessors the
questions asked him by the defense
though at times he was by no means Ger
tain upon all Of them.
Sergeant Matthews was put on the stand
and testified that he upon information
received had gone in company With Officer
Holdcraft to the scene OF the murder
They saw the dead man and after hunt
ing around for while. he sent Mr..
uoldcraft over TO Manchester while he
returned 10 the first station. where he
found McNamce had already surrendered
himself.
lie found a broken stick at the scene OF
the murder, which he learned was Me
Namec's and which he had with him al
the time the murder occurred.
The Commonwealth rested the case upon
the conclusion OF Sergeant Matthews eVl-