The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-05

one OF tho brothers. tho entire family
could BID blackencd and boaten down. d.
McCuc had been brought into tho case
ana In every way possible tho prosecution
\ Ind sought to nttnck his character and
| tarnisll his reputation. BY inunehdo and
| insinuatinn they had suggested that this
| man and brother knew what was about
Ito happen In tho house that night; that
| he went there Knowing and that he stay.
cd and assisted tho criminal in removing
\ the evidences OF tho crime. Why was
| this man not arrested and indicted as
| an accessory after tho fact? But the
| Commonwealth had dono even more. 1t
had dragged Iii the name Of another, Mr.,
Williams, All aged and respected citizen
| Here again by lnuneiitlo and insinuatlon
| the tliabolical suggestion had been innde---
| thu suggestion that this family know
something about tho crime.
Persecution.
"Gentlemcn,,' declared Mr.. Lee solem,l-
| IS, II lavc heard this proceeding calle1
! d prosecution. have another name for it
and this name Is persecution. We,lluve
reached tho stage In this cnse Which all
| things are right no matter how wrong,
provided they accomplish tho desired ro.
slrt--take tho life Of this accused.
| Mr.. Leo went OH to refer to other
points In the contention OF the Commons
wealth. To believe that q man who lad
once been Mayor OF proud city would
select for the scene of the execution OF
his wife his OWL homo surrounded by the
houses Of his friends; would choose for
tho time tho early hour OF a Sunday even
ing when tho ncgl,borllood porches wero
nlled, would then shoot her down with
his own glin-to think sucll n thing, de-
clared the speaker. was absurd. rho Com
monwealth, he said, had lodged from
point to point and plea to plca.{It had
at first said the ISSUE was one Of life or
death; and thon when the issue was
nung III Its teeth, 1t had suddenly swcrved
and declared that 1t had never intended
to say that the murder was premcditntcd
but, only that It had been committed In
n violent passion, This was murder III
tho second degree; and 1t was after ull
not q question OF life and death Did tho
Commonwealth know what II wanted or
what It wished to do? 1t seemed not.
Tho testimony OF ernest Crawford n
man who heard his sister brutally abused
aud "then skulked away was taken nip
by Mr.. Lee. The speaker declared that
lie would not Believe such n man. no mat
ter what he said. But there was more
than this. Tho letters OF tho man and
wife had been discovered by accident.
they came as a giftlfrom heaven to give!
tho lie to what Ernest Crawford Ind said.
There were still other letters that had
not been introduced. Mr.. Ice held a
packet In his hand.
Elm The argument Of my learned friend,
Colonel Mlcajah Woods 1t was stated
that the defense had not brought In ccr-
tain letters post-datipg the period
referred to IN the others. t was also
stated by the learned gentleman at an
other time that 1t might be proper. even
after the Jury had retired to deliberate
upon It's verdict, to bring In additional evil
dence.
Dramatic Incident.
MI accept the challenge. lay before
this court the other letters to which ref
crenco has been made. dare VOL, 70
read themSto this jury
8 Judge Morris leaned forward and spoke
slowly and carefully. lie had asked the
gentlemen Il they were through. and
some days ago both sides had agreed
that there was to be no more. There
could be no moro now.
a sharp scolloGuy began between Gllmer
and Lee. The court raped furiously for
order, and declared pcre.nptorily that the
Incident was closed. Mr.. Lee resumed his
argument.
In the course OF what followed Mr.. Leo
treated OF several other phases OF the
case. He frequently referred to tho in-
structions. and read and explained lie
emphasized the ahsudty 4 OF surprising
that the accused had made :, virtual cons
ress!on III JAIL such as that claimed by
the Commonwealth In the con rsatlon ne
had with Mr.. John S. White.
..If he had done such 4 thing" said Alr,
Lee. ..he would have been the raylngest
fool that ever came down the pike lie
would have appeared here. not to answer
TO the plea Of not guilty but u the
special and distinct plea OF i'sahitS. - q
AT 1 r. NJ Mr.. Lee was through In
concluding he made q brief but earncsf
appeal for his client.
No Appeal TO Emotions.
Now. gct}emcn Of tho jury. In closing
let me say this to you. .! III; a. ways
made It a rule in cases OF this character
to nal<. absolutely no appeal to the emo
tons of tho gentlemen who do me the
honor 10 listen TO me. l. am not here 70
deal with your emotions; Il an here 70
deal with your reason and your intcliect
that Is ali. But In closing this case do
want to say this to3you: You have been
In this town and In this courthouse long
enough to realize that you are under
pressure-thc pressure Of the population
of this town. strange TO say, is beng
brought to bear upon you. And you
know It. You feel 1t In the very ntnos-
phere. You talk TO me about being iDDie
to absolutely resist "liiLLsf VIC cutl iu.l.tS
sentiment, Why, gcntlemen4of tho jury,
II is he most subtle thing Q Garth; 1t is
as subtle as electricity. You cannot see
It in the atmosphere, but II Is there
permeating the atmosphere you breathe,
lust us electricity does. It Is there, ana
you are going to be confronted w ~ 20
some extent, / know, and, marx, you,
do not say that unklndly or IN an lln-
complimentary way. Al OF US are. u
II was on that jury, 50 help mo
God,aI would be controlled by It some.
I would strive to do right and struggle
10 do right and disregard It, but ! am
afraid It might have some effect on me-
and all Il want to do in this case, in3cos-
Ing, is TO offer to you, as asalhst ma
|ilttlc girl. Tho odds arc very great
against her; she Is but ono dear little
sweet girl, but ! believe as ! believe
in my God, that In your hands she may
be OF avail not to bring You TO wrong
,,ar,1i,ts M not '1nis,lndcrstand me; !