Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-11-08
THE MccUE CASE.

to get new trial, and declares tnal IL
the Court of Appeals decides his way
he does not intend to try his chances
again in Charlottesville. The next
time he will ask for change of venue.
Great stress seems to be laid by the
defense upon the fact that certain Ju-
rors during the trial were permitted to
read the newspapers, although the evil
dence shows that none of them read De-
yond the headlines. and each juror tes-
tilted that he had observed to the letter
his oath upon the subject.
Judge Morris at the beginning OF the
trial gave the members of the jury per.
mission to read newspapers, provided
they would avoid the report OF the trial
asi far as possible--that is, aliexcept the
headlines. This they did.
1t is interesting to note that this per-
mission was granted in open court, in
the presence of the accused and MS
counsel. aud without objection or excep-
ton by Them at the time. 1t is the
opinion now of certainly two OF the
ablest lawyers at the Charlottesville
bar who had no connection with the
case. that a failure to except at the
time cures any error, if error there
really was, in the liberty granted BY the
judge.
One of the professors of law at the
University of Virginia is strongly OF the
opinion that the Supreme Court will find
no error in the instructions allowed by
Judge Morris. "They were," said he,
extremely fair and liberal to the accus..
ed. Apparently every doubt was solved
in favor of the prisoner, as it should have
been, and the wisest precaution seemed
to have been taken to give the defense
20 excuse for an appeal on the ground OF
unfair or improper instructions.
The belief prevails in Charlottesville
that the McCue murder mystery, so far
"a details are concerned, yet remains un-
solved, although there is little doubt as
to who it was who committed the crime.
To many there never has been sat
isfactory explanation of why the water
was turned on in the bathtub, and why
It was that the tub, which requires fully
| s minutes to fill from the spigot, was
full in so much shorter time than that,
assuming, as has been done, that the
spigot was turned on after the fatal shot
was fired.
A theory which was not examined be-
fore or during the trial, ii seems, is now
based upon the testimony of former City
Superintendent of Schools Frank A..
Massie, part of which was to the ef-
feet that while walking in his yard
across the street from the McCue resi-
dence, and short time before the news
of the crime spread abroad, he saw some
one rush out of the lane which goes
down beside the McCue residence and
up the street in the direction of DIR.
Frank McCue's home. .
The theory referred to is to this ell
feet: That if the murderer was j. SAM
uel McCue, as the jury and people be-
lieve, he had beaten and choked his
wife until he thought her dead, and put
her in the bathtub and turned on the
water, either to give the impression thai
she had committed suicide or to drown
her. should spark of life remain, aitel
which he rushed up Park street, block
and a half, and, reaching the doctor S,
opened the conversation which wa
heard by Mrs. DR.. McCue while she wa'
preparing to retire.
This conversation, she said, took plac'
at the phone. 1t is believed that wha
she took for the phone bell was thu
doorbell and that DIR. McCue's brief an
swer, "All right" was made to hi
brother at the door.
Upon returning home, so runs the by
pothesis, McCue found his wife no
dead, but outside of the tub, which help
: to account for the wet condition of th'
bathroom floor. Then followed the ap
I peal which Charles Perry heard-"D
not kill me ! am going to die anyhow
and, then, too, followed the gunsho
which put an end to all.
If this story be true, it was durin
the brief time which McCue took to 6
to his brothers home for pretended ald
or for whatever purpose, that Charle
Skinner heard the crying for from thre
to FIVE minutes. 1t is held to beimprot
able that q man in a murderous frenz
would have permitted the crying OF hl
I victim for period even so long as thi;
The Charlottesville correspondent
I Richmond New-Leader writes
Although the public at last knows tb
attitude of the jury in the McCue murde
case, the crime itself still is shrouded i
: certain degree of mystery which pei
haps will never be satisfactorily explain
ed. For instance, not single witnes
,. during the trial was able to explain ho
= Mrs. McCue's body got into the bat
tub or why the hot water spiggot ha
been turned on. Many advanced II
theory that Mrs. McCue retreated to ii
v bathroom either te lave her first wounC
or to escape her assailant, and was pu
sued and fatally shot there. othe
think she was slain in or rear her chan
Der and dragged to the bathroom. b
} neither theory satisfies the inquirer wi
asks about the hot water.
Quick Arrest.
=