Daily press. [volume] (Newport News, Va.) 1896-current, 1905-01-13
All the Supreme Court Judges
Concur in Decision Announced
by Judge Keith.
GOVERNOR NOW his ONLY HOPE
Counsel for Condemned Man Will Ap--
peal to the Executive, 1t is Believed,
for Pardon, Communication of Sen
tence or Respite.-Mccue Faints
When Told Of Decision.
Especial to the Daily Press,

Especial to the Daily Press.)
RICHMOND, VA, Jan. 12-"In
the case of McCue vs. the Com.
monwealth the judgment Of the Cor
poration Court Of Charlottesville be-
ing plainly right. a writ of error is de-
nied'
These were the dread words with
which the Court Of Appeals this morn
ing sealed the doom of James Samuel
McCue, ex-mayor of Charlottesville,
who stands convicted Of the murder
OF Fannie Crawford McCue, his wife.
A Surprise.
The judgment of the Highest tribun-
al Of the Commonwealth, it must be
admitted, came somewhat in the nature
of surprise. While the greatest
doubt existed as to the possible out
come of the case, few thought that the
matter would end so quickly.
Few were in the court room when
the judges assembled the bench and In
less than five minutes after the clerk
had opened the session, the fate of
the unhappy man was announced
The decision Of the court was made
by Judge Keith, who first announced
associates in four civil cases. and then
turned aside to tell the fate of the con
demned murderer.
In view Of the refusal of the writ of
OF error, the doors of the law are now
practically closed to McCue He must
die on the gallows Jan. 90, unless the
governor interferes with the sentence
a foriorn hope, to say the least.
May Grant Respite.
While it is not improbable-if pre-
ccdents count for aught-that the exc
cutive will grant the prisoner a brief
respite, in which to prepare his soul
TO meet his God, there is little, if any,
chance OF the ex-mayorss escaping the
sibhet. Nothing can save him now ex-
cept important, far-reaching after-dis-
covered evidence. and even that would
nave to be passed upon by the govern
or and not by a court.
Surprise to Many Lawyers.
The action Of the Supreme Court of
Appeals Of Virginia. however it may
impress the lay mind, is assuredly q
surprise to the many lawyers who read
the prisoners petition for writ Of err
rcr and supersedeas All who perused
TINS interesting document saw in it the
production of exceptionally able law
yers, who were skilled both in the
subtleties of Jurisprudence and in the
art OF presenting their arguments fore
IDLY and speciously. The petition pro
parVthat is to say, the pamphlet syl-
labus Of the technical points of the re-
cord-coyers l24 pages, while the
record itself will probably make a
thousand pages.
Numerous Exceptions.
Forty-fve exceptions were taken to
the rulings Of Judge Morris, of the
Corporation Court of Charlottesville.
and IN the petition for writ Of error
and supersedeas nearly every point is
backed by citations from the refer
,cnccs to adjudicated cases, mentioned
to sustain the views Of McCue's law
ycrs.
In many instances Virginia decisions
are quoted at length.
1t seems almost like coincidence
that both. the jury which found the ex-
mayor guilty and the appellate court
which passed upon his appeal should
have acted SO quickly. The jury, it will
be remembered, took only twenty min
utes or so to bring in it's verdict. It is
evident that the twelve men enter
tanned not the slightest doubt about
the prisoners guilt. And it is equally
plain that the five judges of the Court
Of Appeals Of Virginia, are of the same
opinion and are thoroughly convinced
that McCue murdered his wife.
The decision of the court will be en-
tered in the form Of an order by Clerk
Fl. Stewart Jones and will be commu-
nicated to the clerk of the court at
Charlottesville. This will be done at
once.
Counsel for the accused will, unless
there is radical departure from the
establish procedure in such matters,
appeal to the governor for pardon,
commutation or respite.