Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-09-22
The hIvCue Case.

Judge Morris, in Charlottesville, yes
terday sustained the plea of the counsel
for the defense in the McCue murder
case, and today jury will be summoned
to pass upon the question of whether or
not Henry l.. Lyman, one of the MEM
bers of the grand jury that indicted Nc
Cue, isl bona-fde resident of Charlottes-
vile.
This was practically the only develop
ment in the McCase case yesterday and
the indications are that it will be some
days before date is fixed for the begin
ming OF the real trial.
At 10 o'clock yesterday morning Nc
Cue appeared in court, and his demeanor
was a great contrast to that Of Tuesday.
Instead of violently weeping he appear
ed calm aud collected. His brother,
Edward o. McCue, took his seat to the
right of the accused man, and his young
son, J. William McCue, went over and
kissed his father twice on the lips be-
fore taking a seat on the other side OF
him.
When court was convened Mr.. Har-
mon, for the defense, withdrew his plea
of Tuesday protesting against the eligi-
bility of Mr.. Lyman, and introduced a
new one of practically the same effect
except that certain typographical errors
were corrected. Frank Gilmer, the COM
monwealth's attorney, then submitted
reioinder, in which he declared that the
court should not be precluded from tax.
ing cognzaDce of the plea made by the
defense, inasmuch as he (Gilmer) stood
ready to verify the fact that Mr.. Lyman
is bona fide resident of Charlottesville
and was competent juror.
Mr.. Harmon at once moved that this
plea be excluded, stating that he was
merely following the example set by the
prosecution.
Judge Morris asked whether he was
prepared to give any reasons for this mo
ton, and Mr.. Harmon, after consulting
with his colleagues, asked that they
be excused for few minutes for a con-
ference, This was granted, and the
three attorneys left the courtroom
While they were gone Mr.. McCue seized
the opportunity 10 weep, and for few
minutes sat with his face covered by his
silk handkerchief. He soon recovered,
however, and during tho rest of the pro-
ceeding sat quietly in his chair. Sew
eral persons in the courtroom went to him
shook his hand and engaged in CONVEX
sation.
Mr.. Harmon moved that the plea made |
by the prosecution be excluded. Asked
again by Judge Morris whether he had
any reasons for this motion, he replied
that he did not consider it sufficient
law. The judge did not entertain
The motion to exclude, but Immediate
Iy afterwards announced that in ref
srence to the plea made by Mr.. Har-
mon for jury to decide the question OF
Mr.. Lyman's qualifications asa grand
Juror he would have a jury ready by 10
D clock this morning. He then announce
ID that this was as far as could be gone
n the McCue case that day. The inter-
sst in the case il on the increase, and the
demand that Capt. Micajah Woods be
aiken into the prosecution is gaining so
% strength that it seems almost certain
hat be will be compelled to yield to the
pressure being brought TO bear upon him.
The fact that the counsel for the defens {
proposes to put up strong fight and
will delay the trial of the case as much {
Is possible is apparent, and considerable
mpatience oyer these tactics is being
among the people