Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-11-02
THE McCUE CASE.

testimony OF John Perry, the negro boy
who was in a room in the rear of the
bathroom al the time OF the murder and
who overheard much. if not all, that
took place, turned the hearing in the
end very much, in the judgment OF the
spectators, to the Prosecutors side.
Perry's testimony. if believed by the
jury. would be very strong factor IN
the case. As stated in the Gazette he
swore that he heard Mrs. McCuo say !:
Sam, Sam. come and help me p and
"He is killing me p His memory
proved not good as to some points. He
at first denied going to the residence OF
Mr.. Dinwiddie on the evening of
the funeral, but afterwards recalled that
he did 20. He could not remember
talking to two colored women on the
way back, but little later admitted
that he conversed with them. He posi-
lively denied that his alleged statements
as written down by young McCue was
at his dictation.
When Captain Woods, for the prose
cution, questioned him vigorously as to
certain statements credited to him he
denied them.
Didn't you see Judge Lyons two
servants at the gate on the Tuesday after
noon after the murder-Susan Austin
and Carrie Perry, both colored women"
asked Captain Woods,
Don't remember first said the wit
ness. A minute later he remembered
going to Dinwiddie's.
Didn't you tell them you we're in the
room during the killing; that you heard
considerable fuss and that you heard
Mrs. McCue say: "Oh, Sam, Sam, don
kill me an going to die anyhow
"No, sir; not word of it," emphati-
caly said the witness.
The two women were then put on the
stand, and they testified positively that
Perry had told them that he heard Mrs.
McOue appeal to her husband not to
kill her; that she was going to die any
how. The defense called one wit
ness, who testified that he had never
seen anything to indicate want of har-
lnony between the McCues. Three
brothers of the accused, who were pres
ent when, according 10 the testimony, Of
Jailer Martin, McCue said to Wilson his
son, "You know that story about my
running your mother with pistol is
not so" and Willie insisted that It was,
were called to contradict the jailer's state
ment, and did so positively.
W. G. Baldwin, detective, said he saw
John Perry on the Tuesday before the
funeral at about noon. He was in his
own room by appointment Of William
McCue. He said he had conversation
with Willie, and warned him not to talk
with outsiders. Perry told the witness
that he heard Mrs. McCue say Sam
why are YOU treating me so? What have
| done? What have / done to you ~
Then the boy heard gurglirg sound
and subsequently the report OF gun.
The wife's cries aroused Perry. After
the gun was fred, Perry arose and tried
to get into the house. There we're no
questions BY Mr.. Lee.
Detective Albert Baldwin was again
recalled. He saw Perry the Tuesday
before the funeral, about II o'clock, in
a room at the back of the McOue home.
1t was bis rooom. w. G. Baldwin went
in with Perry and the witness followed
him. Perry said he heard someone cry.
ing In the hall, near the bathroom.
Perry tried to get in, but could not do SO.
He heard Mrs. McCue say ''Sam,
Sam, why do you treat me so? / will
never do 50 barrymore" AT this juncture
William Hurley, colored, came in the
room, and that wound up the converse
ton with Perry.
During the talk Perry made state
ment about the gun. Perry said be
heard the lick struck, heard the cry and
the appeal. "Sam, Sam, why do you
treat me so2 / shan't do 50 any more"
He told W. G. Baldwin that it was four
or five minutes before McCue let him
get into the hall. Answering Mr.. Lee,
the witness said the talk was on the
Tuesday just before the funeral.
The attorneys and the judge arranged
to meet yesterday afternoon to discuss
the instructions to be given the jury, but
Mr.. Lee, Ct the defense, sent word that
he would not be ready until night. The
failure to put McCue on the stand in his
own defense is variously commented upon.
ne regard it as sign of weakness,
and believe that a great deal will be in.
ferred from this course Others think that
his attorneys, knowing the irascible tenn
per of the man, feared that under exas-
peratlng cross examination he would not
makea favorable impression on the jury.
The defense has not taken anybody into
its confidence as to this matter. The pres
ent plan is that today the argument will
begin, probably following Immediately
upon instructions to the jury.
Aftera conference between counsel for
both sides, Judge Morris being present,
the court late last night granted the in
structions offered by the counsel, which
was read to the jury today.
Charlottesville, Va. Nov. 2.-When
the McCue murder trial was resumed
this morning, Judge Morris read the
instructions to the jury, which had been
agreed upon at midnight last night.
The defense professed to be we'll pleased
with the instructions and especially that
which will permit verdict of second
degree murder.
In anticipation Of the argument which |
began this morning, an immense crowd
90 "a early in attendance and among