The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-10

| jrhe cotnt11ot1wcaIth hlso laid before thu
Hurry tho bloody ,indorshlrttof McCtie and
| the scrap frott, It tint had been found
IN the bath room. This was perhaps the
most powerful weapon lt Welded. Tfe
bloody shirt did more than the remainder
pf the evidence combined to convict Nc
Cue. TinallyEtho Conn1oiiw ealth directed
attention to tho nature OF the blow Nc
CITE Ind received. "a mere scra tcll--atd
ltottho ltr,probabiity offits having caused
Iinsensbility; 70 the lack ct time between
the hour When Mo Cue and his wife en-
tered the house and the first announces.
ment " the assault for q man to be
insensiblc sat all , to the lack Of hue and
cutlery and the apparent desire for Sc
crecy. 10 the conflicting statements VI
| the accused, and 1aetly,F' to the gross
improbabillty or any OF the theories adj
vanced BY tho deferises}
Nc Cue Did Not Testify.
The defense made short work on It's
\ a a. N Cue. contrary to his own wishes.
aid not 40 On the stand. Tender and
loving letters that had passed between
| tic husband and wife were read In cotirt,
and n half dozen or more witnesses told
OF tho cordial relations existing between
tho couple. The testimony OF Ernest
Crawford n was impcachcd and nm eff
fort, partially successful. was made to
batter down the wall OF expo # lest i1oliy
erected by the prosecution. The defense
endeavorcd to show that had McCue hecn
hit: with a. sand bag or some other soft
instrument. hc could have been knocked
| scnscless and yet have borne little or no
outward effects OF Il the Injury Finally,
the defense pointed to the Wild improb-:
ability OF the theory that n loving hus-
band had brutality, relcntlessly, ruthcssly
struck down and murdered MS wife Of
nineteen years. and ri The mother OF his
children. 45 H Eli SS
on thetnight Of November I'd, tho ln-i
structions were agreed upon, and on the
following day the argument began. For
nearly three days the mighty conflict 5con-l
tinucd. several.of the speeches, marvclsE
Of eloquence ana blending, ire now his
toricaL Each side strained every nerve,
and each made the most OF what It had.
There were o. number Of stirring incl
dents when counsel hurled barbed darts
and Y biting 4 sarcasm called forth quick
and sharp retort. A ew#moments after
II o clock on Saturday morning. Novem-,
Der 9Th, tho argument was over, and the,
case was read y to 30 to y the Jury " The
crowd in the courthouse at this time was
Immense but not SO large al 1t had been
/ on the afternoon before. The room, how
ever, was Eoverfull, as itShad been ever
since the hearing OF evidence began. All
OF the relatives of the accused wore pres
ent, including the little girl, Ruby, whose
sweet, tear-stained face had from day
to day won sympat thy to the side OF
her father. NJ NM "a sss5 ,5F5 );
Verdict.of Guilty.
nc vas 1T ii: 1s IA. NJ. that the. twelve
men, & whose faces told nothing OF their
sentiments, and whose ssS cheerful spirits
rather provoked the expection Of an ao-
auittal left the cour t-room TO deliberate
upon the verdict. Twenty awful minutes
passed, and then the jurylnen filed slowly
back into the room. bleBstlll were.
the faces OF the twelve. 4s With profound
and 5exasperating elaboration, the men,,
one by one seated themselves, and then,
at last, the foreman spoke 59s
murder In the first degree
The scene which followed is indescriba-
bile. Like al stone image McCue heard his
DOOM but later on he broke d Town and
sobbed with those who sob bed D around
him. A hurried consulta tion3s of counsel
for the defense resulted III, a ma ton for
a & III W trial. N The time for hearing this
motion was fixed for he following We'd
nesday, and then the court nd jonrn ed, and
A1cCue, 3a a convicted murderer, was led
back to his cell.
Exhausted Every Eff ort.
Tho motion to set aside the verdict Of
the jury and grant the defendant new
trial was promptly overruled by Judge
Morris. Al, h app cal was asked and IL IL
lowed and the counsel for the prls oner,l
especially Atessrs.2 Lee and Coleman, set
TO work 10 prepare their etttion and an
copy the vouminous record in the case.
This work was begun early in Noven,-
her, 81 but the record was not presented
to the Supreme Court Of Appeals until
January 8, 1906, when It was forwarded
by express and delivered TO the full court,
which had then just assembled. ,
Just nine Gays later the court, III &its
list OF opinions, handed down he an
nouncement OF It's decision, refusing the
petition for a writ OF error. No opinion
was written in the case. 80 few days
later counsel filed a supplementary petl
ton, virtually urging the appellate court
10 more fully consider the merits Of the
petition and to- hand down an opinion
The court. after due consid eration, de-
,liVered written opinion, again refusing
the writ, and 6enphatically declaring that
the evidence fully warranted the verdict.
This really crushed the last hope OF MS
counsel. III IN s..4 "a
All this week there have been rumors
9afloat OF appeals to the GoYernori OF de-
3terminlng the sanity Of the prisoner, ana
OF application n to the United States SUI
prone Court for a. writ Of error. On
Wednesday8th he rumors n,aterlallzed. At
torneys appeared here and guietly:--even.
secretly-set to work preparing both for
the&nppeal and for the inquiry into the
prisoners sanity. The results VI those
efforts are chronced In this Issue. All
We're doomed to failure, as was the last
desperate appeal for executive clemency.
TERRIFIC EXPLO sl0N. q
IN DYNAMITE PLANT
M III 5ss BytAssocia ted Press.
III BIRMINGHAM, la, Feb. ga tcr-.
rifle explosion at dynamite plant at
Royle's Gap. five miles north Of Birmlng-.
ham. tonight, wrecked the plant, broke
windows and cxtinguished all lights with
n radius oltwo miles i but MS f aIis
was felt for twenty-five miles. Every
smeuhs of obtaining details are cut or
tonight. 3s.a35a d Il
Booker Sees the President.