The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-11-04
ARGUMENT IN M'CUE TRIAL
TWO SPEECHES, ONE ON EACH
SIDE. MADE TO JURY.
The Judge Said that no Demonstra-
tons OF Any Kind Would be Allow
ed-Csptain Woods Spoke for Sew
erai Hours Showing the States Con-
tention In the Case-Mr. Sinclaire
Eloquently Plead for the Vindica-
ton of the Accused.

Charlottesville. Va, November q
Every seat in the corporation court
room was occupied when the trial
Of ex-Mayor McCue, charged with the
murder OF his wife. was resumed to-
day and many were standing. The
section of the gallery reserved for
women was filled. With the accused
were a number of relatives and on
either side OF him was one or two
Of his children. With the opening
Of court, Judge Morris read the in
structions to the jury. At the outset
Of the arguments. Judge Morris gave
a strict warning that there must be
no demonstration Of approval or dis
approval while the case was being
presented to the Jury, and announced
that any one attempting it would
be promptly punished.
Captain Micajah Woods. one of the
attorneys for the commonwealth
made the opening address. Captain
Woods made an extended review OF
the testimony adduced, first that
phase involving domestic relations
then turning to the evidence pertain
ing 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, listened intently to the ar
gument.
Captain Woods had talked over two
hours when the court adjourned at
/ o'clock for the midday recess.
MORE
Captain Woods. when he resumed
his argument to the jury after lunch.
said that his former friendly relations
with the accused made his task as
prosecutor a heavy burden, but he
could not permit that to swerve him
from the duty he owed the common
wealth, to state what he believed to
have been determined by the evil
He dealt tenderly with the son
Willie McCue. saying he had been
fighting the battle of his life. Dead
reminders of the tragedy were
brought to view and Captain Woods
had the exhibits which have figured
in the case brought into court. He
held the blood spotted undershirt
worn by the defendant on the night
of the shooting before the jury, and
set forth the states theory as to how
it's present condition was brought
about The jury gave him close at
tention throughout and the crowd fol-
lowed him with interest. He closed
| with a peroration in which he point
ed out to the jury what the prosecu-
ton held to be the jury's duty to the
commonwealth. The injunction of
Judge Morris against demonstrations
in court was obeyed literally, except
for a slight ripple of laughter which
broke out in one quarter of the room.
but which was promptly checked by
the court, who again gave an admo-
milton.
1t was a trying ordeal for the de-
fendant, but he withstood it without
a display of emotion. Now and then
he would have one of his children
upon his lap, upon whom he would
bestow an occasional kiss.
Captain Woods closed after having
spoken altogether four and a quarter
hours. when a recess was taken until
p. m. The suggestion for n night
session came from the jury
With the court room again packed
when the evening session opened. G..
| r. Sinclaire, one of the Junior counsel
| for the accused opened the argument
| before the jury for the defense, earn
estly contending for his innocence.
At one instance as he grew eloquent
the accused burst into tears. but
quickly regained his composure. The
speaker commanded the strict atten-
| ton Of the jury and when at 10 y. m.
| the hour for adjournment had arriv-
| ed and the court asked il he cared to
proceed longer tonight, the jury ex-
pressed a willingness to let him con-
clude tonight
Mr.. Sinclaire made an extended re-
view OF the testimony. He closed
with an eloquent appeal 10 the jury
to carefully consider the burden of
responsibility resting with them
The court adjourned at 1D:25 p. m.
until Tomorrow