The Savannah morning news., 1904-11-02
THE M'CUE JURY
CALLS A WITNESS
Continued From First Page.

mad been knocked senseless and that
| his wife was hurt,
Inc witness said he had closed all
the back doors. Mrs. McCue. he said.
was IN her room when he first heard
| the screaming.
The witness was subjected to a rigid
| cross-eXamination by Cant. Woods for
the commonwealth. He wouId NOT adj
| mt having made any statement con-
trary TO his evidence to-day. He de-
nled having said that he heard Mrs
McCue say. ooh, Sam, don't kill me:
am going to die anyhow" He de-
nled having told Willie McCue the day
AFTER the tragedy that he was afraid to
tell what he knew, or that he heard a
slap nrst and then heard Mrs. McCue
say sam, you ought not to treat me
IKE this. He said he did not see Will
lie McCue write down anything he had
SAID. He denied telling w. G. Bald
VIM detective, that he heard two
hicks struck and heard Mrs. McCue
say sam, why do you treat me SOP"
Had Made Different Statements.
The calling of John Perry to the
stand by the jury came as an elev-
enth hour climax. 1t furnished a sur
| PRISE to both the commonwealth and
defense. as he had been summoned
and not called to the stand by either
SIDE, although he was in the house at
the time OF the tragedy. A crowded
| court room heard the testimony.
w. G. Baldwin, detective. followed
| Perry and testified that Perry had
stated to him, among other things.
that he heard a voice saying, Sam,
! why are you treating me so?" that he
| perry heard a noise like choking,
! then shot and that Mr.. McCue then
came to his door.
Albert Baldwin testified to the same
effect.
Susan Austin and Carrie e. Perry.
negro women, said Perry told them he
heard scream and then, the cry, "Oh.
sam, you are killing me-"
The court admitted all testimony as
TO alleged statements by Perry for the
! purpose of discrediting him, and not
as evidence against the accused. The
statement which Willie McCue said he
| had written and which made Perry
say what Perry denied in his testi-
mony, was received and admitted.
James Lewis, who was called as
! court witness at the instance of the
| jury, said he was in the rear of a
residence near the McCue home on the
night of the tragedy. He heard a shot.
but from where he was IL sounded, he
said, like 1t was far away.
Both sides announced with the clos
| ing of the morning session that their
evidence was all in, except one wit
ness for the defense, who had not ar
rived, and whose testimony is to be
taken later. Instructions will be
| agreed upon later to-day and argu-
ments will begin in the morning.
VIII BE Many Speeches.
A short session of court was held
this afternoon to hear the testimony
| or w. s. Deckert of Harrisonburg. He
| testified that he had heard Mr. Burke,
a previous witness in the case, say that
he had heard Ernest Crawford, a
brother of Mrs. McCue, speak of what
fine man Mr.. McCue was, and that
he and Mr.. Burke and Mr.. Crawford
had had a conversation in Which Mr..
| Crawford had said he did not in his
talks with Mr. Burke refer to the do
mestic relations of the accused.
1t was decided by the defense not
TO place the accused on the stand.
The time to which the arguments
will be limited has not been fixed.
All three of the attorneys for the
commonwealth are EXPECTED to ad-
dress the jury, but just how many Of
the defendants lawyers will talk is
not stated tonight. 1t is conceded
that at least two days will be taken
up in argument.
A large number of women occupied
tGdAH III lut kdlltIy LO~udys IkGldIlNeS
of the accused occupied seats within
the bar and near him to-day as they
have throughout the trial.
Instructions for the Jury.
After a conference between counsel
for both sides, Judge Morris being pres
ent, the court late tonight granted
the instructions offered by the counsel,
which will be read to the jury to-mor-
row. The more important are:
That all statements which they may
believe from the evidence were made
by William McCue, the son, and John
Perry not In the presence Of the ac-
cused. can only be considered by the
jury for purposes OF discrediting and
not as evidence against the accused
That the failure Of the defendant to
testify creates no presumption against
him, and his failure 10 testify is not
circumstance TO be considered by the
jury.
That the failure OF evidence 70 dis
close any other criminal agent than
! the accused Is not a circumstance
which may be considered in determine
ing whether or not he was guilty OF
the crime charged. nor is he called
upon TO vindicate his own innocence by
naming the guilty parties.
This disposition OF the instructions
tonight viii permit of argument be-
! ginning early tomorrow.
.