The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-10-25
That ii might DO two or three months be-
fore Mi. Harmon could take up MS Wo ',f
Doctors to Testify.
s..,,, -. I,arrlngcr and

& 4. h
Doctors to Testify.
rtr morrow I,, Barringer aud Dr. X.
81 paws OF the University of Virginia VIII
aoi,po,, the stand. They have been sum
,,,o,,s,, Ia appear. they made IN exam
ina;ion OF Mr.. Harmon ana soni w., 49,
,bn diagnosis of Or. browning. When
,i,ey nppear iii court they are expected
Ia declare that tho attorney cannot hope
L. he able TO proceed with the case Tor
I, long timc-two. three or SIX months, or
even more.
III this proves to be true. the cues
lion that promptly arises is q perpieSlns
one. An indefinite postponement oil the
rial would be out of the question ana a
,,nstponcf,cnt for a week or even a
month would be OF no avail since the
senior counsel could not reappear within
tbnt fine There are four other lawyers
ytnresenting McCue besides Mr.. liarmoli.
III ii believed BY many that IL there IS
ANY rostponemcnt al all IL VIII be 1or
short time. which would allow INC de-
fens.; to secure another attorney. Wheth-
~ Or not Mr.. Lee would consent to such
6nn arrangement and what would hap
rtn IL lie did moi, arc matters about
witch not many are willing TO snccu-
late.
A Startling Result
unusual feature of n very Unusual case.
II sounds far fetched, and little crack
Drained, but get it from men Skilled III
tho law Could McCue be tried again II
the present jury were discharged Inc
i,,,y has been sworn and the case has
bcen entered upon, the prisoner placed
IN Jeopardy of his life. Soud this DO
done again? Would there hot be here a
ticklish question for a superior court TO
ha no
confess that 1t is beyond my pen. l
merely give the question as 1t was pro-
bounded to mo tonight by an attorney,
I'm attorncw figuring in the McCuc muir
DER trial
AT Il late hour tonight, however, 1t is
reported that the attorneys, for the Com
monwcalth have reached the conclusion
that the plea OF former jeopardy" could
not be raised in connection With tho Nc
Cue case, and that tho present proceed
ing would be regarded simply as Il nom
trial or Il rnistriaf In the event that
long postponement makes it necessary
10 discharge the present jury, the same
men could be summoned again when tho
case is called for the second time and
could sit as jurors II al examination
showed them to be still comcetent to
serve. 1t Is gathered from the reports
circulating that the Commonwealth will
contest any attempt TO secure post
ponemcnt.
So far as can be ascertnincd there are
no strikinsly new developments outside
Of what happened to-day in court
was told to-day that new detec-
tive had appeared upon the scene and
had held an interview with McCne in his
cell. l was told that an important new
witness had been located, n woman who
I. al
ditioas Of the Mccue household for some
time before the murder
Sensations Expected.
The prosecution is constantly at work.
and from what can be understood, cS-
rects TO develop two or three selssa-
s lions in the way OF evidence along
slightly new lines. That is to say, the
evidence will concern matters already
touched upon, hl,t will come from ,in-
expected quarters.
Tits well within the range OF things
possible that AicCue viii never go on liz
: stand The Commonwealth could NOT
force him to testify. and /. could rot
use his evidence 2. The inquest Evidence
al legal examination can be used in
trial only Where il was made in The
prisoners own behalf. Al The in-
guest Mrcue was not testfying IN
had not been charged with the murder
The INQUEST Was purely an exant-
Z. nation into he c:rcrnlstance OF a MUIR
der as y.st uneS7.aiqtd,
To all appearances AfcCDe was some
what more nervous yesterday. This was
particularly true while the Indictment
was being read. The prisoner continues
to protest ilis innocence When iae vent
back to jail yesterday eveIsiig he earnest
Is repeated his assertion that ht did not I
Eli his wife. Cne of The chiidfen went
10 the prison to-day, bur MAS not ad-
mitted.
The Day in Court.
Ii was considerably alter 2 p. n be-
fore the cpurt entered ufsoE! lis work OF
the fourth day. grsxa1sp1s delays have
hau,pered the trial al every step and II
was with no great surprise ii4=t the pa
tientiy waiting crowd learned that an-
other hitch held tt,e cout IL check. The
city sergeant has experienced difficulty
IN capturing Az FyerreltoEi s-eHtre. sad
had been uraAle to ..atc; tbs early trail.
10 Charlottesville .tThers WIS nothing 10
do but wait, and the open!ng-originaiIy
set for 1870 o'csnck-was postponed Tor
about two hours
Rogers and his party came tn,o tOxn Oh
the ! 80 r. NJ train, and at once pro-
cecded 10 the courthouse, where q great
crowd was packed away into the re-
stricted accommodations The bell roT@
was pulled by deputy and eyerything
seemed In readiness for the beginning
The absence of the accused, however
nccasioncd another delay The attcr-
neys were all on the ground = little STIR
went around when Dir. Harmon ioking
weak and sick, walked in, stood for 4
moment, and then left. The attorneys for
the defense stood at the side entrance
and waiting the arrival Of the prisone.
whom they followed into the room.
McCue entered 1T 2:25 +, 81 There
was nothing unusual about his appear
ance, He Wore tbs gatne clothes and
looked as healthy and robust az Of yort
Little Ruby aicCue was not there, bat
caff 90 nf.l. -,