Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1905-02-03
M'CUE'S LAST HOPE GONE
The Virginia Supreme Court Refuses a
Writ Of Error.
PROPERTY JURORS READING PAPERS.
Former Mayor Of Charlottesville, Who muroe'.
ed His Wife, Must Hang on February I"
Summary OF Decision OF hignes' 'oo''
Of State on Supplemental Petition Flee by
M'Cue's Lawyers.

Richmond, Va, (Speciai).-Thc ST.
preme Court of Appeals refused the Sup
Elemental petition of McCue's lawyers
for writ of error in his case, and' !"
all probability, this decision settles '"e
doom of the condemned man.
This closes all hope of judicial aid
and only the Governor has power 20
change his fate. That the Governor WIN
interfere in little thought, ana McCue
will likely nang February 10, the eXp'la-
ton of his respite. c.. :.
The decision of the Supreme Court Is
contained in the following summary:
'Tn obedience to the mandate OF tiie
statute and in strict accordance with IS,
tablishcd precedent, having given carelul
consideration to the petitions and RECORD,
and being of opinion that no error Is
shown to the prejudice Of the accused
we abide by the order entered a'
former day OF the term and deny VIII
of error" ro,-t
Il is rare that the Supreme Court
hands down detail of opinion upon
the refusal of a petition for writ @. OF
error: but in this case, because. OF It's
neculiar character, the court takes up
and discusses the assignments OF error
at length, answers the discussions y.
counsel and expoundS the law IN tie
case. .o
The opinion covers 40 pages OF type
written CAP paper, and was written by
Judge Keith, president of the court
The points decided are extremely inter
csting. particularly that relating to the
reading of newspapers by the jury
The court passes fully on the merits
Of the case, and designates the crime dS
an atrocious murder The court says
mo one can read the petitions Tor
writ of error in this case without being
satisfied that the accused had every ad'
vantage that could accrue to him iron
the efforts of able and astute counsei
, but no one can read the facts presented
J in evidence without being convinced
; that no advocacy, however skilled t
{ make the worse appear the better reason
i could have brought about any othe
result than that which has been reached
D The evidence precludes every reasonaD D.,
: hynothesis of innocence and points WIZ
unerring Certainty to the guilty man
y The record disclosed a homicide remark
} able only for its atrocity, save in TN
fact that it was committed by menoe
of the profession of the law, who ma
been intrusted by his fellow-citlzenS wit
= responsible Office, and the victim wa
:, his wife" A. ;,,,
II Tn regard to the objection to the Jul
y ors reading the newspapers, the coui
J. cites where it held that no obJectiio
Is being made by the accused to reaoi N
is newspapers during the progress OF III
i'd trial at the time, objection could not
II, made after the verdict. and the cou
l. saws: "The case under consideration
lg far stronger than those cited. The cour
ct in the presence of the prisoner and OF II
in counsel at the instance OF the Jur
ne permitted them to have access TO ne"
I'd naoers under rules which it prescribe
IN Il does not apear that the limits impose
" nv the court were exceeded, or that Il
he prisoner was prejudiced by what o
he Cured. But. however that may be,
n had no right to sit mute, prepared
n abide by the results if they were favo
in able. or to make objection If they we
adverse.
1--WE think it the safer and .bett
practice to exclude newspapers from
~ iurv The jurors are called upon to
Use ercise the most sacred duty which G
,p- devolve upon citizen, and IN Its q
of charge they must make such person
to sacrifice as is necessary to its due pr
lid Torrance, but under the clrcumstane
.ge Of this case no reversible error is d
CT closed in this respect"
to Charlottesville, Val. Samuel McC'
ed, convicted Of wife murder, was inform
gar in his cell that the Court of Appeals
tel Virginia had refused a rehearlnng
of his case. He took the news calmly
ion few minutes, and then, saying i v
in get Justice above" burst into tears.
nd, gave way to uncomfortable grief for
ess minutes.