Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-02
McCUE MURDER TRIAL.
Judge Grants Instructions Offered by
Counsel Yesterday.

CHARLOTTESVILLE, Va, November 2.
After a conference between counsel for
both sides Judge Morris being present, the
court late last night granted the instruc-
tons offered by the counsel which will be
read to the jury today. The more i'm
portant are:
THAT all statements which they may be-
lieve from the evidence were made by
William McCue the son, and John Perry,
not in the presence of the accused. can only
be considered by the jury for purposes of
discrediting and not as evidence, against
the accused.
THAT it devolves upon the commonwealth
to elevate the offense TO murder in the hrst
degree.
s"That the failure of the defendant to tes-
tify creates no presumption against him.
and his failure to testify Is not a clrcum-
stance To be considered by the jury.
THAT the law Contemplltes concurrence
of twelve minds before in the conclusion or
guilt conviction can be had. also as TO tIe
degree of the crime, ana that shouiu one
Juror entertain reasonable doubt. II IS NOT
his duty to surrender his own convictions as
to the degree of quit =,
..'That when the XII ling is proved and IS
.unaccompanied with circumstances OF pal
iiation. the burden of dsproving malice Is
thrown upon the accused
Reasonable Doubt Defined.
A reasonable doubt is defined and the jury
nesses is question exclusively for the
jury.
.'That circumstantial evidence is legal ana
competent IN criminal cases.
.''Tbat the rule of law IS that a man shall
be taken to intend that which he does. !,
3. THAT whenever the killing is willful, de-
rHberate and premedtated the laws mler
malice from this fact. $780,,
THAT the failure of evidence to disclose
any other criminal agent thah tne acc .I:',
is not circumstance winch may De cons S,. u,
cred in determining whether or not ne was
euilfy of the crime charged, nor Is ne caiieu
upon to vindicate his own innocence by
naming the guilty parties. Ill,
The different degrees of murder also Will
full and premedated murder. are DEFINED
and the Jury is instructed in the applica-
ton of circumstantial evidence. Other IN
structions usual in such cases are gwen.
Crowded Court Room Today
Every seat in the corporation court room
was occupied when the trial of Mayor Nc
Cue was resumed today and many were
standing. The section of the gallery re-
served for women was filled. with the
accused were number of relatives anu
on either side of him was one two of
his children With the opening of court
Judge Morris read the instructions 10 the
jury.
At the outset of the arguments Judge
Morris gave strict warning that there
disapprovaI while the case was being pre-
scented to the jury. and announced that
any one attempting ii would be promptly
punished.
Opening Address by Woods.
Capt Micajah Woods. one of the attor-
neys for the commonwealth, made the
opening address.
Capt. Woods made an extended review OF
the testimony adduced. first that phase in
volving domestic relations, then turning to
the evidence pertaining to circumstances
surrounding the tragedy. at times growing
eloquent in his discussion of points in the
case The accused, whose seat was less
than six feet from where the prosecuting
attorney stood as he addressed the jury,
n the argument,