The Birmingham age-herald., 1904-11-10
NEW TRIAL IS DENIED
 TO FORMER MAYOR MCUE

ent conditions. Charlottesville is quiet and McCue is in his cell He says he will not be hung and he anticipates ap- prehension by declaring bluntly that he has no intention of committing suicide. He expects yet to be a free man.
 The verdict seems to have met with general approval at the hands of the peo- pie. But few men believed McCue inno- cent. The Charlottesville public, know ing, or protesting to know, much that never appeared in court, was and is abso- lutely convinced of his guilt. Others who have visited the town and in their own way seen things are borne down with the same conviction. The only doubt from beginning to end with this great mass of people has been whether or not the nature of the evidence possible for the commonwealth to drag before the jury would be sufficient to establish his guilt. This question nas been answered
 While the people her rejoice that criminal should have got his just due, they are, nevertheless, filled with pity for the suffering of those connected with the murderer by family ties. Throughout the trial this has been repeatedly com mented upon. A public anxious to see McCue condemned to die was yet quick to sympathize with his brothers, with his children. particularly with his little girl, Ruby, the anguish in whose sweet and innocent face will haunt thousand men and women to their dying day
 Now that the trial is over much dis cussion is being given to the evidence that served to convict McCue 1 have al- ready indicated what carried most weight with the jury-the bloody shirt-and what contrary to general expectation, failed to carry any weight at all-the letters of McCue and his wife. There are several in- applicable features of the murder which will probably, unless there is some day confession, forever remain hidden in mys- tery.
 There never has been a satisfactory explanation of why the water was turned on in the bathtub. and why it was that the tub, which requires fifteen or twenty minutes to fill from the spigot, was full in so much shorter time than that. as- suming, as has been done, that the spigot was turned on after the shot.
 new theory Is to this effect: That if the murderer was J. Samuel McCue, as the jury and the people believe, he had beaten her and choked her until he thought her dead, and put her into the bathtub and turned on the water to make either the impression that she had com mitted suicide or to drown her, should spark of life remain after which he rushed up Park street square and half and reaching the doctors Then ensued the conversation which was heard by Mrs Dr. McCue while she was undressing to go to bed This conversation, she said. took place at the phone. It Is believed that what she took for the phone bell was the door bell, and that Dr. McCue brief answer "All right" was made 10 his brother at the door.
 Returning home. SO runs the hypotne- sis, McCue found his wife not dead, put outside of the tub, which helps to account for the wet condition of the bath room floor, as to which all agree. Then folioweo the appeal. which Charles Perry nearo' not to kill her, as she would die anyhow and then, too followed the gunsnot' WHICH put an end to all.
 If this story is true. 1t was durins ,ne brief time that McCue required to go to his brothers home for pretended aia, or for whatever purpose. that Charles skin ner heard the crying for from three to five minutes. It is held to be entirely im- probable that man In muroerous frenzy would have permitted the crying of his victim for period even so long as this