The free lance. (Fredericksburg, Va.) 1885-1926, 1904-11-08

newspapers. ~ there ilkene-@ ol any SUI
between tn, publ cations OF the pubin
press aud the evidence you have heard a
Thu case?
"Yours il hard task harder tina;
that which has been imposed upon m
and my colleagues. Ordinarily "A mar
comes into court presumed 10 be inuo
cent. but this man, before trial b. or
the testimony was heard in this case
was led INTO this court before you
already condemned, and you knew 1t.
You know that the people 81 thl'
state. never having heard the testlmon.
which YOU have heard and deciding upOi
-candalous publicity from one cad OF tb'
land to anothrr. ART expecting a convic
ton at your hands. ! am not here Il
zeal in milk and Ter tails You kGow
As we'll as know thst II you arqult thi'
man you VIII receive a. the hands al
those who haven't heard the evidence
b. hercrst criticism, an Dave no doubt
GU very properly fear aud dread It.
But think Of your rep visibility. \
mans life. hi reputation, his character
me lives # his httle children are IN The
balance here.
"Itls q shame that the pr secution
sought to lus Dr. McCue 10 tuls case
i q such q sh ,m-iul manner. l. unoer
takes to prov that h got there long boz
lore any one - aad sought { cover up
Dis brothers d -ei. Why wss b. not in
iicted as an a cessory after the fact
Then Mr.. LIE. made his sally at capt
Woods. who en- cred the case up IA th-
tque-t Of nearly every citlz II 81 Chsr
.ottrsvill-. He rri-rred T. the tact that
'ommonwesl b : Attorney q 'mrr's oth
ial position n rsarily brought b H.
intr the cas-; III It Capt. k-r lige him
self Lee), was paid attorney
II am sorry say my good frien' ,
apt. Wood, oc .upies no euyiable posi-
ion.
II protes' against the use Of thi- friend
hip OF HE f,r the accused Do not pr
nit 1t to creep into our hearts and prtlu
icr you against the ceftnfant Capt
Woods may find that b. IL chasing II
SIll-'o-the wisp f the public sentiment
Ia his speech he mi took vltupsratiOu
Tor argument, and abuse for reas N.
Al the opening OF the aiterno Il ses-i'i
capt Woods. of the prosecution, his iac'
flushed, arose and said:
Il would like to make one statement.
"a view Uf the at;sck on me, which may
nave been 20 intended, ami which sound
q like An W just attack. | desire TO saN
hat refused large Zee in this cage 50
hat might assist the prOsrcutiO o..
At this point Mess-s. Lee ami Cole
nan both sprang TO their feet and asked
mat an exception be motel 10 Capt
Woods statement, and then 10 view ot II
be prisoner and the ilry b. forthwith
.ischarged. Judge Morris promptly ID
terposed, telling Capt. Woods that b.
I'D not think it right for him to explain.
Messrs. Lee and Coleman were up on
heir feet again TO make q motion tbat
he jury and prisoner BE- discharged, t.
which the court replied:
IL don't find any reason for not over
-uling your motion for the discharge OF
, he jury"
The court room was crowded 70 suffo-
alton when Mr.. Frank Gilmer. Com.
nonwealth's attorney. arose u make
,ha closing argument in the case MIR.
Gllmer, in the course OF his speech, Ire
Iuently turned toward the accused
" lille explaining the instructions, be once
wheeled around and shaking his hand at
be prisoner said:
Can there be any reasonable doubt OF
hat mans guilt" McCue listened TO
he arraignment unmoved.
THE VERDICT
Guilty OF murder in the first degree
was the verdict Saturday Of the jury in
the case of J. Samuel McCue, charged
with the murder OF bis wiiein Chsrlottes-
vile. The jury was out twenty-five
minutes O0ly one poll was taken, and
the rest of the time was spent In prayer.
The defendant, who passed part OF the
time while the jury was out reading the
B BILE, received the verdict without a
tremOr. But his children and relatives,
who surrounded bin gave way to heart
rending sobs.
Motions for a new trial were filed. and
the appeal, II necessary, probably will be
carried to the highest State courts.
Immediately alter the converting OF
court Saturday morning, MIR. Ciilmer be-
gan the conclusion OF his speech Tor the
State, upon which he started Friday.
he ARGUED in defense OF three PROPOSE
riOns: First, if be was not unconscious,
NcCue murdered his wife; second, the
evidence OF the bloody shirt, and, third,
the seven vary ing statements OF the de-
sndant
Al the conclusion Of Mr.. Gilmer's speech
The court gave the case TO the jury, who
retired. While they were
mt the great crowd which packed the
TO suffocatioD remained with
interest keyed to the highest pitch. All
yes were turned upon the defendant,
who for few moments rested his head
On his aunt's shoulder, and then took a
Bible from his p cket and read 1t, at first
30 himself and then in a low voice to
those around him, hOl ting the hand OF
lis little daughter until theiury returned.
At the command OF the court the pris-
,usr arose. With every appearance OF
aim. the defendant faced the court and
made not the least sign while the verdict,
With its death penalty, was read, but his
.hildren and relatives and women
throughout the courtroom broke down
a sobs.
The prisoners attorneys requested aud
we're granted half hour for conference.
Il the end OF that time they returned,
md said through MIR. Coleman:
IF yoor honor please on behalf OF the
.ccused, we submit these motions to set
side the verdict aud grant new trial
non the following grounds:
First-Because the verdict is contrary |
O law and evidence.
spcond-Error Of ourtduring progr'ss
4 the trial as tn evidence and question. 1
Th,rd--Mi sdirection Of the court In the
natter OF the instructions.
Fourth-Refusal Of the court to give