davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
,iis GUN AND BAT USED IN THE MURDER OF MRS MccUE.

. f + u i = = Vi
to q verdict of guilty. Therefore, If any
individual member Of the jury, after hay
ing duly considered I'LL of the evidence in
this case, and after consultation with
his fellow-jurors, should entertain such
reasonable doubt Of the defendants guilt,
as is set forth in certain instructions in
this case, 1t is his duty not to surrender
his own convictions. simply because the
balance OF tho jury entertain different
convictions. The court irstructs the jury
that upon the trial OF 4 criminal case
by a jury, the law contomplates u con-
currcnce of twelve minds in the conclu-
sion Of guilt before a conviction can be
lad. Not only is this true with respect
to tho guilt of the accused, but 1t is
likewise true with respect 10 the degree
of the crime. Therefore, although the
jury may believe from, the evidence that
the accused is guilty Of tho killing OF the
deceased. still If any Individual member
OF the jury, after having duly. considered
all of the evidence In this case and at
ter q consultation with his fellow jurors
should entertain reasonable doubt as
10 the degree of guilt of the accused, 1t Is
his duty not to surrender his own con-
victions as to such degree Of guilt simply
because the balance Of the jury enter
tain convictions with respect to such de-
gree. is tt Y
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

as to any substantial nnd material fact
essential to prove tho offense charged.
Reasonable doubt must be based upon the
evidence, or that suggested by the evil
dencc or grows out OF the evidence It.
SELF 1t must not be arbitrary doubt,
without evidence to sustain It. 1t must
be serious and substantial III order to
warrant an acquittal. 1t must be a
doubt Of material fact or facts necessary
for the Jury TO believe to find verdict
of conviction, and not OF mmaterial and
non-essental circumstances
4 Tho court further nstructs tho jury
that circumstantial evidence Is legal and
competent In criminal cases, and If it
is Of such a character as to exclude every
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
ont during the talk between the father

ient during the talk between the father 'lF 81
and son. IL, ,or
Flat denial Of the assertion Of the Aiier
was made by the several Withees -.
charles NIcCue said he had visited MS
5brother$in the cell, which ne thousht WIS
ahout a or 10 by !. feet, and had been
3t,,aro IN company with the others. II
there had been any such conversation
While he was In the cell he would nave
been compelled to hear it, lie had iie e,tl
nothing Of il at ali. Mr.. John L. McCue
another brother, made a statement. 70 tiie
same effect. A third brother. Wllllan,
reiterated what the others han Sa.u,
There was no cross-eXanlhatloeiii - s t''S'e
witnesses. i,oso
,rhe name OF Mr. Charles Moore, whose 'o, :,
occupation was nothing III Particular
was called. The witness said he had had
mora or legs opportunity&of seeing MI,
and Mrs. NlcCue together, and no ltu ~
never seer anything to cause MN " hue.
pect that they were not upon tue lhos'
cordial terms. ,,tl,
an obvious desire to unhurden MS Hnlhu-
hut he was stopped and held closely drawn
to tho noint, He said he had Frequently
visited the office OF Mr. McCue and nad
often found Mrs McCue there, The atti-
tude of the man and wife toward each
other was at these times most cordial
Defense Concludes Case.
About 1o:4o o'clock Mr.. Lee announced
that tho defense would rest its case.
ripple of interest stirred the courtroom,
NIcCue, the prisoner. was not 10 testHy
III his own behalf Tho defense reserved
the right to introduce later one other
witness, who had not yet arrived. ms
was Deckert, whose name mas llsurea ~
tho Impeachment Of Ernest rraW1oru'
With the exception Of this Single "'t''ess'
the defense was through,
The prosecution recalled Albcrt bala-
win. who has Just gotten back TO town.
Baldwin denied flatly the statement OF
Willie MdCue that Ernest Crawford haa
suggested to him baldwin, the use g, Or
money In getting statement lro4ll t''c
negro boy John Perry ~,
',Nlr. Crawford never said any such
thing said BALDWIN. smiling, 'Ihe Qnly
mention ever heard Of money IN ms
entire case was made by Willie Mccue.'
Called John Perry.
brief consultation by the attorneys
for tho prosecution followed When the
court got back down to work again some
thing happened. 1t caused sh'l'e "
arise to the surface OF the inscrutaple
commonwealth side. In q smal4 way
It WAS u notable thing,
Neither side has seemed anxious 70
risk putting Perry, the2negro boy, on tle
him. Now Mr.. Trayor, the Richmond
jllryman arose from his seat. ana, de-
clarlng that la and his associates de-.
sired to "get Mt the facts IN this case
asked that the court do what nelthef
the Commonwealth nor tho defense haa
yentured-cal John Perry. The court
promptly did it. Another Juror said he
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

to tho parties, II the same Is proved;
Their interests OF any In the result OF
this case; their temper feeling or bias
II any has been chow n; their dcmeanor.
whilst testifying; their apparent inteilt-
Eenco and their means OF Information,
aud to give such credit to tho testimony
of such witnesses as under NIL the Cir
sumstances such witness seem to be en-
titled.
rho jury are finally instructed that tho
Instructions given are all the Instructions
of the court and must bo considered as
whole.
The court instruets the jury that all
the evidence were made by j. VIM. Mc-
the evidence were mad by j. William Nc
Perry, and the jury are instructed that
to othor persons, not in tho presence OF
the accused, can only be considered ny
tile jury for the purpose of dlscredltins
the sait. William McCue and The said John
! Perry and the Jury nre Instructed that
such statement should not be considered
by them as evidence against the accused,
but only for the purpose above stated anu
said statements should be considering tho
question OF guilt or innocence OF the ac-
cused and be wholly dlsrcgnrded by the
iury and treated as II they had never
been made
{. Line court lllSLIuClS lIe Jul " :.
evidence Is adduced Of any statement OIL
the accused, such statement must be con-
sidered MS whole. a part Of 1t can
not be considered and a part rejected.
The fury must consider all or none;
ana II the prosecutor, uses the declara :
ton of the prisoner. he must take the
whole together, and cannot select ono
part and leave another.
The court instructs the jury that IL,
upon the whole evidence In the case,
there Ia ts,y reasonable hypothesis con-
sistent with the Innocence Of the accused,
they must find him not guilty, The
court nstructs the jury that the failure
OF the evidence to disclose any other
criminal agent than the accused, IS not
d circumstance, which may be considered
BY the jury In determining whether or not
he was guilty OF the crime wherewith
lie Is charged. The prisoner 10 presumed
to be innocent until. his guilt Is estab-
llshed. and lie is not to be prejudiced by
the inability of the Commonwealth to
point any other criminal agent nor is
| he called upon to vndlcatc his own In
noccnce by naming the guilty person. u
The court instructs the jury that. upon
| tho trial or a. crimnnl case by Il jury,
the law contemplntes the concurrence OF
twelve minds in thcs conclusion Of guilt
before conviction can be had. Each
Individual juror must be satisfied beyond
d reasonable doubt OF the defendants
guilt, before he can under his tn. con-
sent to verdict Of guilty. Each juror
should feel the responsibility resting upon
him as a member Of the jury, and should
realize that his own mind must be con-
WINGED beyond q reasonable doubt of the
defendants guilt before he can consent
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
THE DAY IN COURT.
The Testimony Of the Negro
TOhn Derry Trnpa,cl,od

CHARLOTTESVILLE. VA. Nov. 1.-At
the opening OF the second day for the de-
fcnse the conditions were In all respects
similar to those OF tho preceding session,
Tho attendance was not crushing and the
crowd was by no means animated or ex-
cited A number OF ladies' were present
In tho galleries and on the other side
tho usual contingent OF the African popu-
latlon loomed up darkly.
Grady Again.
1t was about 1910 O'Clock when McCue
entered quietly and took his seat, The
attorneys for both sides were already in
their places and the arrival of the pris-
oncr was the signal for the beginning Of
work, McCue carried a bundle Of papers
IN his hand, His appearance was about
The same az usual. Along with him came
two or three lady relatives, his brothers
and his eldest son, William.
AS soon az the orders were read and
the poll of the jury taken, tho actual
work OF the day began. The examination
OF witnesses for the defense was resumed
Police-Offcer Grady was recalled. He
said that OIL the night of the murder he
first saw McCue in the hall Of his house.
His face was bleeding from wound on
his left cheek Tho blood had trickled
down to his moustache.
~ dlun T. see inc drops Dripping, nut
saw on the front OF his shirt Where
the blood had come down Off his face
said tho officer.
Under tho cross-exAmination of Cap
tain Woods. Grady admitted that he was
considerably excited at the time. McCue
had said to him, Somebody has nearly
killed mo and probably killed my wife, :"
lie was holding his head with one hand
and his side with the other, He said his
side hurt worse than his head did. Grady
said that when he say McCue, the lattcrs
nndershirt was open'at the neck, A little
lower downs piece of tho shirt, four or
FIVE inches long, had been torn away. The
piece was still hanging TO tho shirt when
Grady saw 1t.
Brothers Testify.
The testimony Of the Mccuc brothers
followed. Mr.. Charles Mccue took the
stand and was questioned about the con-
'versauon said by Jailer Martin TO have
occurred between Sam McCne and his
son William, In the cell OF The prison
The alleged conversation corcerned the
flight Of Mrs. MeCue from pistol brand
,ished by her husband. Martin thad given
the names OF three Of the brothers, Mrs
Dinwiddie and come others as those pres,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

everything but it promptly cures kidney,
liver and bladder troubles, the symptoms
Of which nre-obliged to pass your water
frequently night and day, smarting or
irritation in passing. brickdrst or sedl-
ment In the urine. headache, backache.
lame back, dizziness. poor digestion,
.sleeplessness. nervousness, heart disturb
ance due to bad kidney trouble, skin
jeruptions from bad blood. neuralgia. rheu-
matisn. diabetes, bloatng. irrithbiity
WORKOUT feeling, lack Of ambition. loss
of flesh. sallow complexion or Brights
disease.
II your water, when allowed to remain
undistnrbed In n glass or bottle for TWEEN
ty-four hours, forms sediment or set
Ting or has cloudy appearance. 1t is
evidence that your Kidneys and bladder
need Immediate attention. I'm
Swamp Root is pleasant to take and Is
for sale at drug stores the world over IN
bottles of two sizes and two prlces-tlfty
cents and one dollar. Remember the
name, swamp Root, DIR. Kilmer's Swamp
Root, and the address. Bnghamton, n.
Y, on every bottle.
the wonderful merits OF Swamp Root you
valuable information, both sent absolutely
g thousa nds upon thousands OF testimonial
d. The value and success Of Swamp Root
Used to send for a sample bottle. In send.
,ghamton, N. y, be sure to say you read
" Times Dispatch. The genuineness Of
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
No Appetite

Means loss Of vitality, vigcr
or tone, and is often a pre-
cursor Of prostrating sick
mess. This is why it is
serious. The best thing
you can do is to take tie
great Alternative and tonic
Hood'sSarsaparilla
Which has cured thousands.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

wanted James Lewis, tho colored man
who was, In the words of Skinner
'talkln' to Mr.. Morans servant girl on
the night Of the murder next door. The
court sent out for jim. too.
1t was q long five minutes before Per-
~, with a pleasant grin to everybody,
walked into the court-room. It was re-
markable to see the change that sudden
~ came over tho audience. Everybody
pulled a bit closer, Many people crowd.
cd III from the outside. Within mo-
ment after Perry's name was called. the
room was packed and TANNED.
Perry was the courts witness and the
court examined him and then turned him
over to each side for cross-examination.
In response to tho question Of Judge Nor
ris, the boy gave, this account Of what
happened in tho McCue house on tho night
OF the murder:
Perry's Statement.
didn't hear Mr.. and Mrs. AIcCue when
they came When I first heard anything
+ heard Mrs. McCue crying, and the
words: Sam, come and help me; no Is
killing me- or He is going to kill me-
ond 1T is too bad for him to do me this
way" never did hear Mr.. McCue's
voice at all. That minute ran to try
and push the door open to get In the
house, but couldn't, and then went and
loaded the gun. asd then ran to try to
knock the door open, and couldn't push
tho door open at all Then she didn't
holler very long. and soon otter she
holered: Sam, he Is killing me-, or He
is going to kill me- 1t sounded like a gun
either went of in the bath room or IN the
hall between tile bath room and Mrs.
McCuc's ROOM"
',What did you do when sou heard the
gun go OFF,"
'T didn't do anything, then, after !
heard tho gun go off, moro than set
my gun down and stay ut tho door, Then
/ heard a man run in the bath room, and
heard him when lilo came out, and then
he went back IN there again, and then
wnct out and went down the front steps.
"When did you first soc Mr.. McCue that
night. and howl"
"When first secn Mr.. AIcCue he came
to my room and opened the door, and
says:'Ol. John. lam In the worst trouble
! have ever been In In my life. 4 burglar
has heen here, knocked mo selseless md
left mo lying on tho floors and thnk he
has injured my wife,
Lees Experimentation,
The defense took the witness in hand
first.
when was the first time you ever saw
me? asked MI, Lee. Ak
IBID d. You SEQ mo 1t the Mtcue house
about ten days after the shootlng2
.'Ycs. sir"
us That tho first time you ever saw
me?i
ut Is tho first time ] remember seeing
YOU
Didn't / say to you: Now, john I
want to have II talk with you about the
McCue case, and i assure you that we
only want you to tell the truth ~ MS
matter. and ! assure you further that Y
yo, tell The truth and only the truth,
nothing will eyer happen to your Dldn
! say that TO you?t
Eyes, SIR,
"As I understand you, you had locked
IN the house, and, after Mr.. and Mrs,
Mecue went to church, you went UP
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

Yes, after Noven1 Der 9Th some
OF 6us are going to be so busy
explaining how 1t happened---
stnsthe meantime II your wear
ing apparelis damaged by an
oi2the "argun ents"-here's tn g
place to redress your grew
ances.
$1,000 buys a long overcoat
that Will cover multitude OF
tears.
Others, SIS. to $4,000.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

d 8 . Z
The mild and Immediate effect OF
Swamp Root the great kidney and blad-
der remedy is soon realized. 1t stands
the highest for its wonderful cures OF
the most distressing cases. Swamp. Root
will set your whole system right and the
best proof Of this Is trial.
So Cottage ST., Melrose, Mass:
& Dear Sir: Jan llth, lsot;
Ever since ! was in the Army. | had
moro or less kidney trouble and within the
past year 1t became SO severe and complicatea
B that suffered everything and was much
aarmcd-n1y strength and power was fast
leaving me. / saw an advertisement OF
Swamp-Root and wrote asking for advice;
/ began the use OF tho medicine and noted
decided Improvement after taking swamp
Root only e. short time.
continued It's use and am thankful 10
saw that am entirely cured and strong:
In order to DO very sure about this. h M!
{; doctor examine some Of my water To-Day
and he pronounced 1t all right and N
splendid condition.
81 know that your swampfloot IS purely
vegetable and does not contain any iln r1nfnl
drugs. Thanking you for My complete re-
covcry and recommending Swamp-Root TO
oil sunererers am.
T ~ Very truly yours,
I. C. RICHARDSON. 4
sua,nnRoot is not recommended for
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

English f1'ock suits - the
smart business dress-are here
in various patterns and IA
lorics; tailored n q manner
away and above the average
tailor.
See how you look In them.
Glad to try them on you.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

tively how this knotty point would be de-
cided.
when Mr., Lec announced that the de-
Tense had done. and not until then, did
the people generally know that the trial
would end without a word from the ch'ei
figure In 1t.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
TO Prove what Swamp Root the Great Kidney Remedy,
will do for YOU Every Reader Of Daily Times
Dispatch May Have Sample Bottle Sent Free by
Mail

responsible for sickness and
suffering neglect other
kidney
attcnionbut
do mostand need
Kilncrs
Kidneys begin get MI other health
A "
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

Skinner, 1t viii DO recalled. said some
days ago that after he came down stairs
he heard coarse" crying like man."
About 1880 o'clock the court ordered
n recess. Mr.. Deckcrt the sole remaining
Witness for either side, had failed to
arrive. The defense Will put him on as
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

Continued on Third Page.).
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

cause 1t isn't so. ] didn't hear anything
like that"
."rhcn If Willie Mccuc wrote this down,
no wrote something that wasn't truc,
did hc?'
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02

The paper, In the handwriting OF Willie
NrcCue. who had said tho statement was
dictated to him by Perry, and afterwards
denied by the negro, was read to the
witness. i.
"Did you say that to Willie McCue?'
asked Captain Woods.
mo, sir He must have thought that
IN himself. ! didn't say It to him, be-
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-06-06
Annual school Election Tonight.

Tonight the annuol school election
will toke place. District No. has
two candidates in the field, George f.
Fuller and A. q. Richison the present
incumbant. Both gentlemen are well
qualified to fill the Office and q hard
race is looked for between the candi-
dates. Election booth at Town hall.
In District No. 2, James White the
present clerk, is again in the field,
with NJ. frankie, who has never had
any office, a contestant for the clerk
ship, and who will prove hard con-
testant. Both of the candidates are
working hard for election; the voting
in this district will be done at the
High school building.
In District No. 3, across the river,
AL. Croker and n. l.. Kinney are the
coutesting candidates. Both of these
gentlemen are working hard for the
Office and large crowd will no doubt
attend the polls at the Croker school
house.
All of the candidates in the field are
we'll known to the voters in their re-
spective districts, and it is for the
people to decide who our next school
board will be. Put i'm men who you
think will do right, and keep the
standard of our schools mp to the
high mark they have attained, with a
corps of good efficient teachers. Go
to the polls and vote, and not stay at
home and complain after election.
AS the ladies haveIthe privilege of vot-
ing at this election, a large number
is expected to attend the polls in their
respective districts.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-06-06

MIR. and Mrs. A. j. Hunter, came
up from Birnamwood to-day for an
outing at their place on Catfish lake.
Mrs. j. A. Walsh and niece Irene
Mcintyre, arrived from Crandon this
afternoon for a visit with her parents
Mr.. and Mrs. RUDE Slattery.
"A large crowd attended my IN
Gle from New York" Saturday night
at the Lyceum opera house. The 8
act play was cleverly carried out and
the specialties between acts were of a
high calibre. The band and orches-
ira rendered good music considering
the mum Der of instruments, and thoss
who braved the rainy night to attend
were we'll paid for attending. The
company was an exceptionally good
one for this place, as it is hard for a
show company to get in and out of
our city on account of the poor rail-
road service.
We learn something new every
week. The other day travelling man
came into the postoffico and bought
80 cents worth of stamps. Upon re-
ceiving the sheet of stamps he took oil
his hat and wiped the gummed side
of the stamps over his hair. Motto
ing the postmaster ''rubbering" at
him he remarked that stamps treated
in that way will not stick together
and can safely be carried anywhere
without danger of sticking until they
are wet. We tried it and found the
statement correct so we give it for
the benefit of our readers.-Fox Lake
Representative.
Game Warden james Oberholtzer
captured two nets this first of the
week, large hoop net in Aldrich
lake and small net in creek run
ming into the Aldrich lake. The own
ers of the nets are unknown at the
present time, but are likely to be
caught any time. Attic the fish sea-
son is open, James keeps his eyes
open that no illegal fishing is done.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-06-06
Temperance Camp in Alaska.

Commissioner Hugh J. Lee, the
newspaper man of Meriden, Mass.
who two years ago went to Wales,
Alaska, for the United States govern
ment TO look after the reindeer and
the natives there, has established a
temperance camp there. In a year
there has been but one case of drunk
enness there. Before his arrival, he
says, the natives were a lawless set,
given to drinking, but in his first ex-
perience as a justice of the peace he
sent one transgressor to the feder,l
time law and order have prevailed.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-06-06
Church Notices.
CONGREGATIONAL CHURCH

CONGREGATIONAL CHURCH.
The large congregations both morn
ing and evening last Sunday, enjoyed
a treat in the playing of Prof. Hayner
on his violin and Miss Bishop accom-
panying him on the organ. All set
spell-bound while that bow drawn by
a master hand. caused the tears al
most to flow, as the sounds throbbed
and sobbed from the instruments. We
await his coming again with eager
ness.i
Next Sunday morning is Children's
day, and you are invited to come and
listen to their songs and class exer-
cises at 1880 a. m.
Attention is called to the services in
the church next Sunday night; at 8
o'clock Adj. White and white of the
Salvation Arm, will have charge of
the service. Come, and enjoy this
meeting. There will be rousing mus
ic.
The Ladies Aid Society will have
their supper at suppertime Tuesday
evening at the Denton house. All are
invited.
Prayer meeting Wednesday evening
and "Pinafore" practice afterwards.
Come promptly
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-06-06

The Merrill Advocate, one of the
best weekly newspapers in Northern
Wisconsin. and which has been owned
and edited for the past ~ years by &.
n. Johnson, was purchased last Tues
day by A. e. Thompson, of Lake Ge-
neva. young and experienced news
paper man. and hereafter Mr.. john
sou who is postmaster of Merrill, will
devote his entire time to his official
duties. We regret the departure of
Mr.. johnson from the newspaper 5usi-
ness, in which he has done so much
for its advancement, but we welcome
Mr.. Thompson to the craft of North
ern Wisconsin, and wish him success
with his new purchase.
1t is with regret that we inform
our readers that c. A. Maly who has
had charge of the c. g. N. w. station
here for the past three years will be
transferred to another city in the near
future. Charley has made many
friends during his stay here and all
will be sorry to see him leave. He
has made a good and accommodating
agent, and his transfer TO another
place will be made by his own request
and for personal reasons. The best
wishes of his many will go with him
and his family TO their new home.
His successor has not yet beed APP
pointed.