The Washington times., 1904-09-21
h'CUE ARRAIGNEO,
NEEPS IN COURT
Defense Succeeds in Gain
ing Delay.
DEMURRER TO INDICTMENT
Counsel for the Defense Contends That
One Of the Grand Jurors Was
Not Eligible.

CHARLOTTESVILLE Va, Sept. IL
Ex-Mayor J. Samuel McCue. charged
with the murder Of his wife, Fannie
NJ. McCue, was brought into court late
yesterday afternoon. He broke down
completely and wept with great bitter
ness.
His brother, Edward o. McCue, sat
by his side. and his young son. ]. Will
lam McCue, a lad of eighteen years,
chung to a post just outside of the rail-
ing. and never took his eyes Off his
father while he remained in the court
room.
The sight Of this man, who for twenty
years has practiced law in Charlottes-
willie and hundreds OF times has ap-
peared- as counsel before -the--bar, where
he stands a prisoner on trial for his
life. was one which affected nearly
everyone in the building and created
more sympathy for him than has yet
been felt
Fighting for Delay.
AS had been anticipated. the counsel
for the defense are lighting for delay,
and when the attempt to arraign McCue
was made they sprang a technical point
which was successful alike in puzzling
the prosecuting attorneys and securing
an adjournment of the court until to-
day. when the point viii be decided.
Ats4 O'Clock the little courtroom was
filled with several hundred persons, and
when the lawyers for the defense, after
considerable waiting, made their ap-
pearanCe. no more could get inside The
lawyers for the prosecution. Frank GIL
mer and Richard X. ker. sat to the left
Of the trial table, ana Immediately next
them were Daniel Harmon, John L.
Lee, and G, 3. Sinclair. the attorneys
who have been retained by McCue
The Prisoner Appears.
After Judge George W. Morris had as
certained that both sides were ready,
MIR Gilmer rose and asked that McCue
be arraigned and date for the trial be
set as speedily as possible declaring
that the Commonwealth was now ready
TO begin
The judge at once ordered Mr.. McCue
brought into court There was a delay
OF about fifteen minutes before the &C
cUsed man appeared in the doorway es-
corted by his jailers.
He held a large silk handkerchief TO
his face and was weeping so violently
that the sobs shook his entire body.
One of his counsel pushed a chair to-
ward him and he dropped into IL with a
mean and continued sobbing for min
utes. During this time there was abso-
Lutte silence in the court.
McCue's lawyers bUsled themselves
ter brief consultation. NrcCue was
handed the paper by Mr. Lee, and tax
ing his handkerchief from his face he
drew his chair up to the table and
carefully read the document, after which
heiagned, his name to It with a fountain
pen.
- Demurrer TO Indictment.
Mr.. Harmon presented the paper to
the court, asking that it be filed. and it
was then found that il was a plea to
quash the indictment on the ground that
the grand jury was illegally constituted.
inasmuch as one of its members, Henry
L. Liman. is declared not to be a bona
Tide resident of the city.
Judge Morris decided that the plead
ing was a proper one and sustained Mr.
Harmon. who at once asked for a jury
on this point.
There was some discussion between the
lawyers. and then Judge Morris said
The court will take time to consider
the matter and will adjourn court until
tomorrow
McCue's Appearance