The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-08
WILL M'CUE
SECURE A
new TRIAL?.
The Reading Of News
papers by this Jury
Strongest Point.
.THlSWASBY CONSENT
OF JUDGE NORRIS
McCuc Declares lie Does Not
Expect to be Hung and Has
No Intention of Suicide.
Al, Entirely New Theory
Set Up in Regard to
the Murder.
lsrccia] TO The Times-Dispatch.)

(SEeclaI 10 Inc 4Ilmes-OlsDatcn)
CHARLOTTESVILLE. VA, November
7.-Public interest that for the past thrcc
weeks hes followed eagerly every de-
tall Of the trial and subsequent convtc-
ton Of cx-Mayor a1cCue, charged with
the murder Of his wife, now centers In
the effort OF tho defense to have the
verdict set aside and new hearing Of
the case ordered.
At noon on Wednesday the motions
made Immediately upon the close OF the
final session OF tho court, will be argued
before Judge Morris, OF the various
grounds laid down at that time, the ma
jority. as hitherto pointed out, are Of
q strictly technical character. The plea
that the court erred in its refusal to
ing certain others offered By tho
defense is not seriously regard :,
ed It is felt on every side that
IL. this respect tho defense received every
consideration at the hands of the court.
and that, II there was any difference at
oil. the instructions were rather favorable
TO A1cCue than otherwise. In fact. on
Tuesday night. November LIST. Immediate
Is after the Instructions were granted
this writer had occasion to consult the
gentlemen OF the defense concerning one
OF two matters In connection with the
Gaze. At that time they were In the very
best OF humor and expressed themselves
as being abundantly pleased and salts
fled with what they had got In tho way
Of 5fns trlcuons. It Is recalled as an
Interesting point that only two OF the
Instructions they offered were rejected by
Judge Morris. Several others were modi-
fled in varying degrees.
Reading Of Newspapers.
Tho two chief grounds upon which the
motion for new trial will be made are
the personal statement begun by Captain
Woods In open court and the fact that
some OF the jurymen read newspapers
during the trial. OF these two the latter
is the more important and the coming
proceedings will In all probability hinge
upon this point. The conduct of the jury
from beginning to END. Will in fact. ba
scrupulously Investigated by the defense.
Any other alleged irregularities will at
once be made the basis for fight. On
Saturday nothing of this sort, outside
OF the question Of newspaper reading was
in the hands OF the lawyers. Mr., Cole
man indicated, however, that II anything
else should come to light he and his as
soclates would reserve the right to in
CIuQo IL III tIIo D!ll W OnJCSN'oHS.
Tho question that has arisen In con-
nection with tho reading Of newspapers
recalls tho manner In which 1t happened
to be brought TO the attention OF the
court in the first instance. In the early
stages OF the trial, Mr.. T. +. Parsons. a
Petersburg Juror and one OF the best OF
the twelve, arose at the end OF scs-
sion and formally requested the court
to indicate to him what he should not
do with reference to the reading OF the
newspapers. He said he had been in
the habit OF seeing them regularly and
that suddenly to cut off his communi
cation with the world at large would be
to him a great deprivation. It was then
that Judge Morris. In the presence OF the
attorneys for both sides and without OBJ,
lection from either. laid down the rule
that the jurymen could read tho newspa-
pcrs as much as they pleased. provided
that in all cases they avoided anything
bearing upon tho trial in which they
were then sitting.
The examination OF the twelve on Sat-