Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-11-05
THE McCUE CASE.

Jury yesterday. Oou'' "'J'"
O'Clock while Frank Gilmer, common
weslth's attorney, was delivering the
final argument.
"How much longer will you speak9"
inquired the court.
"About an hour and half, answered
the attorney, whereupon the judge an
nounced his purpose TO adjourn until lO
o'clock this morning, and the jury was
committed to the deputy sergeants, evi-
IDENTIFY weary of the three days of legal
oratory. .
McCue's demeanor has changed little
from day to day. He never fails to kiss
and caress his children or any sympa-
thetic female relative who attends to
offer the solace and support OF her pres
ence.
The first speaker of the day, the last
for the defence, John L. Lee, OF Lynch
burg, addressed the jury for three hours.
"This is no ordinary case" said MIR.
Lee. at is extraordinary. Yours is a
hard task-harder than that which has
been imposed upon me and my COL
leagues, Ordinarily, man comes into
court presumed to be innocent, but this
man, before trial, before the testimony
was heard in this case, was led into this
court already condemned, and you know
il. | know that you know that the
people of this State, never having heard
the testimony which you have heard,
are expecting a conviction at your hands.
| am not here to deal in milk-and'cider
talk. You know as well know that If
you acquit this man you will receive 81
the hands of those who haven't heard
the evidence the fercest criticism. and
l have TO doubt you very properly fear
and dread it. But think ofyour respon-
sibility. A mans life, his reputation,
his character, the lives of his little
children are being weighed in the
balance here"
Mr.. Lee said some rather remarkable
things about bis client. In speaking OF
the variation in the account given by
the accused of the alleged assault upon
him. he said: ''Of the millions of men
that God has poured from his bowl, as
Omar Khayyam expressed it, no two OF
them are alike. And to the extent that
they are unlike physically, TO that ex.
tent they are unlike mentally, aud 30 ]
cannot say that Mr.. McCue's con-
duct on that night was unreasonable.
1t would have been unreasonable ID
me. but in q man of Mr.. McCue's
mental state it might have been per-
fectly reasonable. He acted possibly as
best be could. For you, gentlemen, to
sit quietly in the jury box and to decide
what is reasonable is like the gentle doe
deciding what would be reasonable in
the fierce tiger. But after all, what did
Sam McCue do that was 80 unreason'
ableY III had been knocked senseless
and had come to and found the house
full of smoke and my wife missing, God
only knows what l would have done.
Can you imagine any occasion in which
a man would be more liable to lose con.
troll of reason and to do foolish things
1t is a shame that the prosecution
sought to lug DR.. McCue into this case
in such q shameful manner. 1t under
takes to prove that be got there long
before anyone else and sought to cover
up his brothers decd. Why was he not
indicted as an accessory after the factT'
Mr.. Lee made quite warm sally al
Captain Woods, who entered the case
upon the request of nearly every citizen
of Charlottesville. He referred to the
fact that Commonwealth's Attorney Gil
mer's s official position necessarily brought
him into the case; that Captain ker
like himself (Lee). was paid attorney
'T am sorry to say my good friend, Cap
tain Woods, occupies no enviable posi-
ton. l protest against the use of this
friendship for the accused to creep into
your hearts and to prejudice them agains
him. the very mouthpiece OF the seuti
ment which disqualified this community
from trying this case. He may hn'
that he is chasing will-o'- -the-wisp o
the public sentiment. In his speech b'
mistook vituperation for argument ant
abuse for reason"
At the opening of the afternoon ses
sion there occurred an incident which
for a minute, caused 6utter of excite
ment. Captain Woods, OF the prosecu
ton. his face flushed, arose and said
az would like to make one statement, Il
view of the attack upon me, which ma
have been 30 intended and which sounde'
like an unjust attack. l desire to sa
that refused large fee in this case
that might assist the prosecution.
| A, this point Mess-s. Lee and Cola
man both sprang 10 their feet and aske
tiat an exception be noted to Captai
Woods statement and that, in view
it, the jury be forthwith discharged
Judge Morris promptly interposed, tel
ing Captaia w Gods that he did not thin
it right fof him to explain.
Messrs. Lee and Coleman we're upo
their feet again to make a motion TIM
the Jury and prisoner be discharged,
which the Court replied: II don't fin
apy reason for not overruling your mt
ton for the discharge of the jury"
There can be no denying the fact thi
Mr.. Lees references earlier in 'he ds
to Captain Woods were caustic in II
extreme and that the latter must ha'
felt an irresistible desire to make
singing retort. Jus! what he intende
saving yesterday afternoon nobody qui
knows. Captain Woods was halted a
most before his auditors caught the dri