The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-04
@lIIlII':;||!z d /; as

MISREPRESENTATION
:iza
MEN q BOYS oUTFlTTEHs
there. wcrn circumstances pointing to the
accused. there was still q reasonable
doubt. lie appealed for common-sense. 10
declared that no had heard or Jurlcs
which had nftcr the trial OF cause,
said they were convinced OF the guilt OF
the accused. but did not think the
evidence showed It." The speaker de-
clarcd that il twelve men came into
court, and with minds open, heard only
tho testimony Of the witnesses and then
were convinced in their own minds Of the
guilt OF tho accused, they must convict
This is all the law demands. t does not
require that q selected juryman be at
once transported to some high realm
whore he will be clothed with infala-
bility. 1t was contemplated that the jury
hear the evidence and by that and that
alone should decide.
The nature Of circumstantlnl evidence
was pointed out by Mr.. ker. who informs
ed the jury that it must. when clear and
unmistakable, carry the weight Of
utsSltlNCN rcNltlcUCc7 ilSSlA. nc y
in this case was, lie said, circumstantial.
Bat did any man who had heard it doubt
thut it pointcd-pointed clearly and un-,
;nistakahly-to the accused. lie and he
alone must be held responsible for the
murder of Fannie Crawford McCne. his
wife. The Commonwealth had establish
ed a prir,a facio case that must con-
vince the jury Of the guilt of the man
within the bar.
Man and Wife.
For the next hour or more, Captain
ker discussed the various points upon
Which stress is being laid by the prosecu-
ton. He referred first to the question
OF the relations existing between Mr.,
AIccuo ana lis wife. He bellttlcd the
testimony Of tho half-dozen witnesses
who had declared that SO far as their
observation went, they had never seen
conduct more exemplary than that OF
< the prisoner and his wife. Captain 1>er
reminded the jury tilat this was simply
a statement of the actions OF the accused
in public Would Z proud man. a man
whose business interests and social stand
ing compelled him TO be circumspect In
every movemtnt-would such man per-
nit himself to abuse his wife before his
servants. before his visitors, before the
town patrolman? NO,
Here in the light of day, when all
men could see. he was closely attentive
to his wlfe--a model husband whom the
most observant might commend. But
what of him at other times, in the Sc.
crecy Of his own hearth. where no man
saw or heard? Who. could say rs 10
this? Captain Ker declared to the jury
that it was tho little things, The.
"straws' that would point out the secret
OF this firesidc life. He referred to the
testimony OF the negro Thomas. OF
Brand: Of Miss BERTHE Crawford, of Err
nest Crawford The testimony Of any
of these standing by itself would be
insufficient to convince. but could IT DC
explained by counsel that all OF those
Witnesses were mistaken; that what they
told they had dreamed: that one and
all had fallen into the same mistaken
Judgment of what they had seen OF NC
Cue and. Ais wife.
Tho question Of motive next occupied
the attention OF The speaker He declared
tMat. notwithstanding the statements Of
opposing counsel It was not necessary
with evidence, circumstantial or otherwise,
10 place the finger upon a motive. alahy
n hidcous crime has been committed and
many Il criminal punished when no mo-
tive was known or movable. On ms
question OF motive Captain ker differed
radically from the contention of the de-
fense. and he called upon the jury to go
TO tile court for the law.
but. gentlemen OF the jury" he added
at once. I'VE have here a motive: We
have It from tile mouth Of the accused
himself. Was it no object to him 70 es-
cape the hell on Garth" in which he was
living? Was II no satisfaction TO be free
from ''that woman" who "is the most
I Il
! have ever known" Gentlemen OF the
| jury. for years this man had been getting
! away from tho moorings OF his marriage
| vows; for years distrust had been taking
| the plact Of love and confidence; for years
lie had been caring less and less for the
tender heart Of this trusting. true and
| loving woman; as year after year went
| by 1t became more and more matter o.
| indifference ~ to how he wounded her
| feelings 1t was gentlemen Of The jurS,
! q gradual. increasing. constant process.
4 Think of H. DO you not hn1 hers . mo-
/ tiyep Was there no motive IN the desire
4 To- be rid OF the chatting bonds. 10 escape
! this hcl on Garth. 10 nut aside this vile
he loved no more, ana To lay upon some
4 man unknown tho responsibility for the
4 crlme?'
\ Great stress was laid by Captain Kcr
y upon the testimony OF Mr.. John l., White
A whose conversation with McCuc In Ms
Jail WIS one OF the recent sensations .,
n The trial lie then took mp the testimony
OF Ernest Crawford, whom he defended
After this. tho speaker took up II nov
feature Of thdacasc, ana drew the atten
tlon of the jury 10 a contemplation Of tlit
happenings ut the McCue house on TN
night Of the murder lie drew the plctut.
of the wife leaving the house by hcrsel
To go 10 church and Of her silence ant
l,i,er depression rs she walked back home
: with her husband 1t had been stated b,
Ar~G