Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-11-04
THE McCUE CASE.

SpOkc iOI llc commonwealth, ulaAiue
very effective presentation of that side Of
the case, occupying the entire morning
session. 10 the afternoon j. Tinsley
Coleman, of Lynchburg, who came into
the case after Mr.. Harmon's retirement
on account of i'll health, was the second
speaker to present the defensive side. lie
did not, however, finish his speech IN
the afternoon, but concluded at the night
session. This will give John l.. Lee, OF
Lynchburg, the advantage of a jury re-
freshed by nights rest. Mr.. Lee after
the retirement of Mr.. Hermon became
the counsel 10 chief for the accused.
In his opening remarks Captain ker
declared that the evidence shows that tor
years the accused had been caring less
and less for bis wife and that he had be-
come less concerned about the marriage
relations. Leading such life" he
said, ga man becomes more and more in
different. 1t is not sudden wrenching
apart of the ties which bind their hearts
together. Il is gradual. 1t takes some
point where they are ready to declare
that their life is hell on earth. This
was the case in this unhappy home.
u take issue with the counsel on the
other side when they say that there must
be motive for every crime before it can
be punished. It's not necessary, it is not
law, and not common sense to prove
motive before you can punish a man
known to be guilty.
"The varying statements of the ac-
cused are but badge of falsehood.
UnconsciOusness is the only thing he
sticks to. He knows that he must not
know what had happened if he was to
escape the responsibility of what had
happened.
"You are asked to believe that, at
time when people were all astir and
when the neighbors were all up, burg
lar would have gone to the house and
committed the crime; that he placed the
baseball bat in the corner of the room;
that he stood the gun in place and that
he did the deed, when, by waiting few
minutes longer, theintimates would have
been in bed and he could have buglar-
lied at his will"
Captain Ker appealed to the jury to
use their own judgment and TO say whether
a man who went there to steal would
have gone without taking anything, or
if he had gone to murder, McCue would
have let him off with a fngernail
scratch on his cheek and have then
beaten aud brutally murdered his wife.
"The actions of the accused on the
night of the murder" he said, "were
moi consistent with his innocence. No
outcry for help, but cool call Tor
phone number. The negro who was
afraid to tell the truth on the stand was
also afraid to make any outcry. There
they were, both of them as dumb and
mute as oysters. There was the brother,
also, who goes down one of the prin
cipal streets without once giving the
alarm. He must have been at the
house from five to ten minutes. In all
that time these people give out no
alarm, and the neighbors pace the
streets in front of their house in ignor
ance OF the crime. We cannot tell when
the public ever would have heard of It,
except for the young lady at the tele-
phone office" -
Captain Ker referred to the consd-
crate way in which his associate, Cap
tain Woods. had handled William Nc
Cue, and then added at is not in in
my heart to remove that veil. But |
cannot help feeling that however great
the battle McCue was fighting, how
ever much his fathers people may have
wondered at the stop be was taking, |
cannot help feeling that in Gods own
providence there was some way for that
boy, fighting, though he was, to have
yet told to you the truth and been
justified in his own conscience, in the
opinion of his fellow. men and in the
smiling approval of his God"
at may be that his fathers life in his
hands justified that boy in going upon
that stand and swearing to you that the
relations of his parents had been pleas
ant when you know from the statements
he repeatedly made to others that that
WAS not the truth.
81 say these things may have justified
him. | admit it is hard for us to tell,
but | cannot help feeling that, in the
long run, in the final wind up, truth,
wherever it falls and whoever it hurts,
is the best course for u.s."
Mr.. Coleman. OF the defense, made a
very strong argument for his side of the
case. ''The commonwealth. he said,
"has failed TO establish a motive, but
even if it had established a motive | am
prepared to show you that it was in
sufficient. Suppose the accused was
guilty of forgetfulnees of the marital
vows. May not your yirture and mine
he but the insufficiency of temptation?
That does not afford proper motive.
Men do not murder their wives simply
because they have ceased to love them.
Motive is something which moves man
which compels him to do thing. 1t
must be sufficient in this case to have
had the accused TO commit this crime.
"If it was inconceiyable that bur-
glar should have selected such an hour
for the crime, it was just as iuconceiv-
able that the accused should have chosen
such an hour. Circumstantial evidence
il nothing more than basis for sup
position"
In discussing the bloody shirt, Mr..
Coleman contended that the theory of