Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-11-10
THE McCUE CASE.

! As was stated in The Gazette, the
CORPORATION Court OF Charlottesville yes
terday denied the motion of the counsei
Tor ex-Mayor J. Samuel McCue, con-
yicted of the murder of his wife Tor
new trial aud the prisoner was sen
fenced to be hanged on January ~
next. Counsel for the prisoner was
given until Saturday to frame his bill
OF exceptions, with view to going to
the Court OF Appeals.
McCue's children we're with him.
Judge Morris overruled each Of the
objections 10 turn.
Mr. Coleman, for the defense, then
made a motion in arrest Of judgment,
saving that there was an error apparent
on the face of the record because the Try,
he said, had brought in verdict Of
equity as charged" and since the in
dictment did not state whether it was
murder in the first degree or not, the
court could not sentence the accused to
be hanged. The court promptly over
ruled the motion, claiming that the YER
dict was perfectly plain as to its intent
by saying Guilty of murder in the first
degree" Thus the prisoners last hope
as far as this court was concerned dis
appeared. Judge Morris then told the
accused to stand up and hear the sentence.
The accused arose from his seat and
walked up to the railing in front OF
the Judge and stood with arms folded.
He was very pale and nervous.
"Is there any reason why sentence
should not be passed upon your" asked
Judge Morris. To this McCue made the
following reply. which was probably not
heard BY half of the people who filed
the courthouse.
IL have" he said, his arms dropping
to his side. 81 am as innocent of this
crime as any one in this courthouse,
and hope some day to have the oppor-
tunity to vindicate myself"
Judge Morris then said 'The point
of your guilt or innocense is y matter
that was left to the jury. This court,
thank God, did not have to pass upon 1t.
The Jury has decided after a fair and
impartial trial that you are guilty OF the
offense, and j; only remains for me TO
pass upon you the sentence OF the law,
which is that you be taken to the county
Jail, which is also used as the city Jail
of Charlottesville, and therein confined
ia solitary confinement until the 10th
day Of January next; that you be on
that day taken from your place Of con-
finement, between the hours of sunrise
and sunset, to some place within the
enclosure of said Jail and hanged by the
neck until you are dead. And mly God
have mercy upon your soul"
The judges voice trembltd slightly as
heuttered the sentence-inIfact, the prisa
soner was the cooler one of the two.
After adjournment the condemned man
had brief conversation with Judge Nor
ris in regard to taking exercise in thejail
yard, and to granting permission to his
family to visit him whenever they chose.
The Judge said he would consider The
matter and would do all that the law
would permit. He could not go beyond
the strict letter Of the law. Then, TAX
ing the prisoners hand, he said: 81
want to shake hands with you for the
first time to tell you just how sorry | am
for this whole thing"
McCue, upon reaching the court green,
babe his children and lady relatives good
by, and with haggard step went back to
his quarters in Jail, being accompan led
as far 40 the prison gate by his eldest
son, William.