The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-10-18
Arraigned This Morning
on Charge of Wife
Murder.
DURRETTE NOT IN COURT
Case Adjourned Until After
noon Pending Replies to
Messages Sent Him.

gHARLOTTESNIL Oct lS--Long
before the time OF opening court for the
McCue murder trial this morning there
was an immense crowd filing the court
house yard. Prominent We're hfry ciJi-
zens OF Petersburg, d jury venue. who
were finding all the consolation possi-
BILE in the thought that thirty-elght Of
the number would be permitted TO re-
turn home
Ii was just 1910 O'Clock when the
court was formally opened In the
meantime all the Petersburg venue had
filed in, and were taken 70 the treasur-
eT's Office. adjoining.
Children in Court
willie AIcCue. The eldest son of the
prisoner. came in early. AS soon as the
accused entered the boy LEFT his seat
and went TO his father, greeting him
anecJionateiy. He kissed him twice and
took q seat 20 his left
Al the children except Samuel .. Nc
Cue were present. and were demonstral-
tive toward their father
Ruby McCue, about fifteen years OF
age kissed her father tenderly and
took a seat in his lap. Sne s0bbed as
though her heart would break.
EE-MayoT McCue appeared cool ana
collected. He was faultlessly atJired IN
The wcll-fttlng gray suit he has Wotn
peared ia public since his arrest
Prisoner Unmoved.
He gave no evidence of emotion. even,
while his children crowded about him or
when his only daughter gave way 10 the
violence of her grief
Commonwealth Attorney GilmeT called
the list of Witnesses. W. o. Durrett
was among the feW who failed 10 re-
spoud.
Captain Woods stated that while the
Commonwealth was very anxious 10
proceed with the trial ne considered
Durrette an important witness and that
he would like 10 know why he was alb
sent,
Eis brother. Frank Durett. vouch-
safed the Information that Durrett was
al RonceverLe, w. Va, the last time he
had heard Of him; tha. he had gone
there TO buy cattle ana that il was very
probable he would shortly return.
Mr.. Gilmer said that Durrette's evi-
dence was very important, and that be
was unwilling 70 proceed without IrsL
CouregTlug with Che other counsel Tor
the Commonwealth The lawyers here
retired for consultation, accompanied By
Frank DurreJIe.
Missing Witness.
Durrette is a cousin OF the accused.
10 prove by him is not known It Is a
coincidence that he should have gone
TO Rouceverte. where the children OF
tho accused were taken several weeks
ago. and from which city they returned
cuIy yesterday.
After a conference OF twenty minutes.
and IN response 10 a hurry can" from
judge Morris. the attorneys for the
prosecution returned
Captain Woods reported that he con-
sidered DurrctJe a very important Wit
ness. He had sent several kilograms
after him. and would like few minutes
ia when 10 ascertain the result o. his
teleErams.
ar Lee. for the defense. said that If
Captain Woods cared 10 disclose what
he expected 10 prove by Durrette, he
Thought IT very probable the defense
would agree TO admit IT.. He was very
anxious 10 60 on with the case and
would accede 10 any reasonable request
which the Commonwealth might make
10 facilitate that end
Captain Woods did not care 10 comply
but said his evidence was essential %
the Commonwealth case. Judge Norris
desired 10 know whether tie Common
wealth would ask q continuance lu the
event that Durrette could not be gotten
here In time. bat Captain Woods de-
cl!red 10 make definite answer until
thc nuai issue came.
The case was then con utiuued until
o'clock this afternoon.