The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
Argument is Begun in
MCue's Case.
WOODS SPEAKS FIRST
Il is a Trying Ordeal for the Accused
But He Bears 1t Well, Now
aid Then Caressing His
Children on His
Knee.
tBy the Associated Press.)

Charlottesville, Va, Nov. EVERY
scat in the Corporation court room
was occupied when the trial of ex-
Mayor McCue, charged with the muir
der of his wife, was resumed today
and many were standing. The sec
ton OF the gallery reserved for wo-
men was filled. With the accused
we're 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 instruc-
tons to the jury.
At the outset of the argument Judge
Morris gave strict warning that
there must be no demonstration of APP
proVal or disapproval while the case
was being presented to the jury, and
announced that anyone attempting it
would be promptly punished.
Captain Micajan 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
lag to circumstances surrounding the
tragedy, at times growing eloquent in
his discussion of points in the case.
six feet from where the prosecuting
attorney stood as he addressed the
jury, listened intently to the argument.
Captain Woods had talked over two
hours when the court adjourned at
one O'Clock for hte midday recess.
The Afternoon Session.
Captain Woods, when he resumed
his argument to the jury after lunch,
said that his former friendly rela-
lions 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 evidence.
He dealt tenderly with the son. Will
liam McCue. saying ne had been fight
ing the battle of his life. Dead sill
ence prevailed when the gruesome re-
minders of the tragedy were brought
to him and Woods exhibits which fig
ure iii the case were brought into the
court He held the blood spotted un-
dershirt 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 attention throughout and the
crowd followed him with interest. He
cosed with a Deroration in which he
pointed out to the jury what the prose-
cution held to be the iury's duty to
the commonwealth. The injunction
of Judge Morris against demonstra-
TONS in court was obeyed literally ex-
cept for 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 admOniStion.
1t was trying ordeal for the de-
1nR IN,Y{ l, Il -
display of emotion. Now and then
lie 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
eight o'clock D. m. The suggestion
Tor a night session came from the jury
The Evening Session.
With the court room again packed
when the evening session opened. G..
II. Snclaire, one of the Junior counsel
Tor the accused. opened the argument
before the jury for the defense. earn
estly contending for his innocence
1T 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 ten o'clock
the hour fixed for adjournment. had
arrived and the court asked if he
cared to proceed longer tonight, the
jury expressed a willingness to let him
conclude tonight.
Mr.. Sinclaire made an extended re-
view of the testimony. He closed
with an eloquent appeal to the jury
10 carefully consider the burden of
responsibilitysre with them. The
court adjourned at 1885 p. m. until
tomorrow.