The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-04


peaceful, and that 1t was neither unusual
nor dangerous for woman to 20 to
church. by herself.
"Isut, gentlemen OF the jury" asked
CAPTAIN I<er, what strange, inalign IN
i,tcnce came Der this penceful scene
that all hour later, when the liEhts were
still shining and tho people seated upon
their porchcs a man should creep into TINS
house and do bloody nnrdcr!.
Advancing along this line OF argument.
Captatn Ncr won't over the ground coVareu
by Captain Woods and discussed the like
'lihuod Of inscnsibility resulting from
scratch. He referred also to tho variant
accounts given by NIcCno OF the murecr.
1t was the contention Of the defense, ne
said. that this Inconsistency was the test
Of truth. Such al, argument, l,e declared
to DO ridiculous. Tho test would be a test
of truth, Indeed. he said II We are con-
stdering similar statements by various
people but scarcely SO when NO arc con
sidcring various statemnits ny tho same
person, The speaker dwellcd further upon.
the conditions In tho house. Flo drew
again tho terrible r'oturn OF The woman
lying dead In the tub and then he ana
lyzcd some Of tho theories advanced.
Theory Of Burglary.
WAS 1t burglary? What strange char
ncter Of robber was this who conside-
ratey refused to allow his victims to
40 quietly to sleep and then burgle at
his leisure. but rushed into lighted
room and attacked tho woman and the
man. Gentlemen. can you believe IT. a
Jew moments later the man and tho wo-
man would have been asleep md the
night prowler would havo had tho house
for his own. Yet, he did not wait. And
then after he had knocked tho man sense
less and killed tho womail-when tho
latter was dead and out OF tho way and
he might have killed the former II he
had wished--after he had done all OF
this, gentlemen. he quietly left tho house
disturbing nothing and the only effect
of his visit was Ito death Of this poor
woman! Gentlemen, Is 1t reasonable; do
you believe It?
WAS It man seeking revenge? Wou.a
such man II lie sought the life OF the
woman attack her inEthe presence of her
husband? Would he go to the house
relying upon weapons he expected 10
find on the prcmses2 IL no sought tho
blood Of the man himself would he rush
at him unarmed, would he knock him
senseless and then when. with gun IN
his hands, lie Ind his enemy ut his
mercy, leave him TO live while he slew
his unoffending wife? Is It reasonable
gentcmen, do you believe it?"5
WAS he Il burglar scared off before
no could gather his booty or murderer
who had not time to complete his crime?
II this had been true. tho weapons would
have been flung hastily aside But were
they? No! The bat that bruised tho
tender flesh OF the woman was standing
carefully placed near the mantcl; the
gun that had torn her breast, was even
as carefully stood III {, corner OF the hall.
Is it reasonable, gentlemen, do you be-
lieve it?
Captain kcr referred to the contention
cf the defense concerning reasonable
doubts. He read the instructions declar-
ing that the jury shall gather It's opinion
Of the guilt or@innocence of the accused
f>onn the evidence; that 1t must not go
outside doubt. and that q doubt to
Justify an acquitta must be reasonable,
.Nfter bringing out this point the speak
er went on to rcfcn to the testimony Of
Willie AfcCue and John Perry. For the
former he expressed his sympathy, but
the cxtenuating circum-
STANCES OF the boys desperate efforts to
conceal his fathers guilt, the speaker
thought he might have found some way
to tell the truth and be justified in his
own conscience, in the opinion Of his
fellow-men, and in the smiling approval
OF his God.
Tho utter lack of hue and outcry was
made the basis for Il terrific argument
by Captain 1<er. lie pictured the two
brothers III tho house covering up the
Tracks Of Il brutal. horrible crime. Where,
a single cry might have summoned help
from a half dozen nearby homes, they
and the negro boy who assisted them
were mute. Attlast the police arrived,
but unexpectedly. They had Been sum
moned. but by whom? Not by the man
whose wife lay dead. Not by his brother
then in the house. :rhe alarm was given by
a telephone girl who acted upon the sug-
gestlon or an outsider. Then and there
only the police walked In. 5f
'Gentlcmcn," said Captain 1Ier, impress
sivey. when Grady reached that house
had been done-s cthing We
do,not know. But this much VIC do know
The people therc-the husband, the broth-
or, or the servant-somebody there knew
that Mrs. McCuc had brcathed her last,
somebody there knew that Il murder had
been done. The body had been lifted
from the tub and stretched upon the rug,
been done, all OF this was known. ana
yet gentlemen, they never lifted Il voice
or raised Il finger to alarm the public
the officials or the neighbours"
Finally Captain Ier dwclt upon the
fact that McCue had given to his wife.
the comforts Of1lfe-a beautiful home,
fine dresses. handsome equipagcs lie
said the Commonwealth did not pretend
to say that McCuc had never loved his
wife. On the contrary, 1t was willing
to say that he had once loved her de-
votcdly. But the change had come-grnd-
ually, but nevertheless surely. AS for
tho carriages and the raimcnt lie placed
at his wifes disposal, AfcCue knew we'll
never knew bctter--the value OF display.
AS for tic insurance that he carried upon
his life. was not every man aware Of
the safety OF such un Investment ana of
tho value of Its loan features?
Plea for Conviction.
III conclusion, Captain Kcr summarized
tho entire case and made a plea for the
conviction OF a man the Commonwealth
had proven to be guilty Of the murder OF
Ills own wife. lIe WAS eloquent and earn
est and whore he treated OF some Of