The Savannah morning news., 1904-10-26
M'CUE ON TRIAL
FOR WIFE MURDER
DEFENSE DECIDED TO GO ON.
ANOTHER LAWYER IN THE PLACID
OF HARMON, WHO Is I'LL.

Defendant, Described the Finding
of the Body of His Sister-in-Lavv
Just After the Tragedy-Dr. VEN
able Also Gave Testimony Regard
Ing the Wounds That Were In
hicted-Jury Visited the Scene.
Charlottesville. Va. Oct. 2s.-The
attorneys for ex-Mayor McCue.
charged with the murder of his wife.
who announced late yesterday that
because of the illness Of Mr.. Harmon.
chief counsel for the defendant, thew
felt they could not proceed further.
stated at the opening Of the court to-
day that they had decided to go on.
Mr.. Coleman, an attorney from
| Lynchburg, has been retained in Mr..
| Harmon's place.
DR.. Frank McCue, a brother of the
defendant, was the first witness. He
was called to the home Of the accused
about 9:15 o'clock on the night OF the
tragedy. He said when he got inside
the house he met the brother now on
trial at the staircase. who said to
him that there was some one in the
house who had attacked him and
probably had shot Fannie" his wife.
He detailed the finding of the dead
body of Mrs McCue, clad in a night
robe In the bath tub on the second
floor and described the wounds, there
being one on the right ear, another on
the left side of the nose, and a gun
shot wound in the breast. The water
was running in the tub at the time.
On coming out Of the bathroom, the
witness told his brother of the finding
Of the body, when the latter ex-
claimed; "Oh, my darling wife"
McCue Burst Into Tears.
AS the witness repeated this the ae-
cused buried his face in a handler
chief and burst into tears. The wit
ness also told of the finding Of a gun
and baseball bat in the bath room,
the latter bearing red stain near the
end. The exhibits were identified by
the witness. The gun is a repeating
shotgun.
The witness believed his brother
came into the doorway of the bath
room and saw the dead body. On en-
tering the bath room the odor OF burnt
gunpowder was present on meeting
his brother in the house he asked
where his wife was. when the accused,
he said. told him TO Go look for
Fannie" He said he could get no re-
plies to his questions from his brother;
that he seemed dazed and that when
he went to attend his brother later
he offered him a stimulant, which was
declined. The witness said he observed
a wound on his brothers cheek, from
which blood was dropping on his shirt
McCue said on cross-examination
that his brother complained of pain
In his head, and that blood was drip
ping from his nose, which would re-
suit from injury to the head, and that
the wound ON his brothers head was
such as would be made by blunt in
strument The witness was questioned
as to the nature and effect OF wounds
produced by a sand bag.
Another Doctor Testified.
DR.. C.. S. venable, who was at the
McCue residence shortly after the
tragedy occurred characterized the
wound on the defendants head as an
abrasion. He found no other wounds
on McCue's head. He, too, was ques-
toned regarding sand bag wounds.
DR.. Venable said he was holding the
defendants hand when the latter ask
ed DR.. McCue II his wife was dead.
Being Informed that she was, he gave
utterance to an exclamation. Witness
said ne noted no change in his condi-
tion after receiving the announcement
that his wife was dead. He said he
was surprised that McCue did not know
his wife was dead up to that time.
The defendant, in reply to him, had
explained that some one rushed in and
II all happened so quickly. number
OF people had gathered at the house
when he arrived. The accused, he said,
complained OF pain In the back Of his
head, but on examination, he found no
external marks Of violence. He did not
observe blood coming from the defend
ants nose and in reply to counsel. said
q wound such as appeared on the de-
fendant's head would not produce un-
consciousness in his Judgment. When
he saw the accused, the day following
the tragedy he was perfectly rational.
Died Soon After Being shot.
DR.. Venable said that Mrs. Nc
Cues night robe was not bloodstained
until after her body had been turned
over. The wound on the back Of her
head, he said, might have been made
by contact with the bath tub, but the
one on the ear he thought to have
been made with some blunt instrll-
nent.
Inc BunShot wound in the breast, he
said, was an inch long and badly
| powder-marked, indicating very close
range. II was Of such a character
that death would be practically In
Simultaneous. The wad from the shell
had lodged against the spinal column
| He gave II as his opinion that the
| wound could not have been inflicted
with Mrs. McCue in the position IN
which she was found. and said he did
not believe she could have stepped in
to the tub after having been shot, as
| he did not think more than a half
dozen heart beats occurred after the
shot entered the breast.
The witness was questioned closely
! by the counsel for the defense as TO
/ the presence Of a piece Of blood
stained cloth In the bathroom Wit
ness saw none, although he would not
say that such piece might not have
been present and escaped attention
| during his Investigations that night.
on the day following the shooting
he testified that he discovered nnger
/ marks on Mrs. McCue's throat made.
/ In his opinion, by left hand also a
/ broken finger nail on one hand. The
defendant did not touch the dead body
OF his wife to the knowledge Of the
witness
The bloodstained night robe was
shown 70 the Jurors. each OF whom
carefully inspected H.
The defendant followed the teetl-
nony closely to-dav ana took deen ir-
i