Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1905-02-09
TRYING TO SAVE MccUE.

IL was decided in Richmond just be-
fore midnight last night TO take the case
of J. Samuel McCue, ex-Mayor of Char
lottesville, who is sentenced to hang
tomorrow, to the United States SUI
preme Court.
Marvin Smithey, Richmond lawyer,
left for Washington at 4 o'clock this
morning to present the appeal.
The appeal will be made on the rec
ord of the trial as presented to the State
Supreme Court.
1t is not known what action the court
will take, but it is believed that this
appeal is made to secure another stay OF
execution in order to prevent the hang
ing tomorrow.
A concerted effort seems to be on foot
in Virginia to save McCue At present
there does not seem to be the slightest
ground for the belief that Governor
Montague will commute the sentence OF
the condemned man.
1t is not known whether McCue's
counsel will again apply to the Cover
nor, but il is not thought that they will
act further in the matter, feeling sure
that no good can come of it.
Whether McCue will confess the crime
or not, is exciting great interest all ever
the State, but the general belief is that
he will 90 to his death asserting his in
nocence.
McCue carries policies on his life az.
gregaling over SIS, 900, aud the action
of the insurance companies is matter
of uncertainty.
A dispatch from Charlottesville says a
final effort, and one generally regarded
as hopeless, is being made to save the
life of McCue by inducing the Governor
to commute the sentence of the court to
life imprisonment. A petition contain
ing this prayer was circulated Tuesday
by @. H. Moore, a prominent English
resident. Yesterday similar petition was
carried around by the prisoners Swear
old son Samuel.
The rope and scaflald we're tested yes
terday morning. A bag OF sand was
dropped through the trap, which moved
easily. The rope proved well able to
bear the strain of heavy weight.
Mr. r. G. L. Moncure of the firm Of
Machen & Moncure, of Alexandria, went
TO Fredericksburg Tuesday night in the
interest of McCue. He interviewed
Messrs. S. B. Quinn and r. G. Decker,
who served as jurors in the celebrated
McCue case, and secured from Mr..
Quinn a petition to the Governor, ask
ing him to commute the sentence to life
imprisonment, and a personal letter
from Mr.. Decker to the Governor, stat
ing that while he felt that he had done
his duty as a juror, he would be satisfied
with any action the Governor thought
proper to take.
Mr.. Moncure also secured the services
of DIR. w. j. Chewing, who left for
Charlottesville yesterday morning and,
together with physicians from Richmond,
Alexandria and Charlottesville, will pass
upon the sanity of McCue. The result
of their conference will be reported to
the Governor. A petition was circulated
in Fredericksburg yesterday among the
citizens and generally signed, asking for
of the sentence to life i'm
prisonmeut.
There are but two faint streaks of hope
for McCue at Professionalism of
the sentence by Governor Montague and
the entertainment OF an appeal by the
U. S. Supreme Court. The only ground
on which an appeal to the highest trib-
Inal in the land may be had is that the
condemned man was not convicted by |
due process of law. In other words,
some constitutional objection must be
set up affecting the procedure at the
rial and of such moment as 10 yitiate |
he action of the trial court. Sound
lawyers, familiar with federal practice,
ire confident that it is now too late to set
up such objection to the trial. 1t is
understood that the original attorneys
Who defended McCue did not think it
worth while to 90 to the U. S. Supreme
court, but the faithful friends of the
prisoner were determined to exhaust
very possible means TO prevent the hang
ne of the prisoner.
Edward 0. McCue, brother of the con-
emned man, was in Alexandria on Sun
lay last in consultation with Messrs.
dachen and Moncure, when arrange
lents we're made for securing the SER
ices of medical experts. The latter
Iere to proceed 10 Charlottesville and
xamine into the prisoners sanity. The
physicians selected to make the exami-
alton are DR.. w. A. White, superin-
endent of the Government Hospital for
be Insane, at Washington; DR.. Chew
ing, of Fredericksburg; DIR. Arthur
Of Alexandria, and Char
,ttesyille physician, whose name could
OF be learned. !
Senator Machen, when questioned as {
o his connection with the McCus case,
aid "Mr. Moncure and myself we're :
mployed Monday on this case. We I
ere advised that the action of the Gov 4
rnor would probably depend upon the q
resent mental condition of Mr.. McCue. I
o ascertain this condition, we secured i
,yeral experts from Alexandria, Fred {
-icksburg and Washington, who went
Charlottesville yesterday evening for
le purpose of making an examination o
Mr.. McCue. OF course, We cannot !,
" now what will be the result of that 7
Samination. We can only say thst 2
II. McCne's father, fathers mother, .
IL. L..aI.o. 81 49,. NJ. h.ra IL II