The Washington times., 1905-02-10

testified that the relations between Nc
Cue and his wife had been unpleasant
for years; that on their way from church
they had seemed in bitter spirits and
that McCue had threatened to kill her
on several occasions Circumstantial
evidence was very strong, the bloody
shirt and conflicting statements of the
accused after the tragedy forming links
in a strong chain of evidence.
The defense introduced little testi-
mony and all of it in the effort to prove
that the relations of the accused to his
wife had not been unpleasant. The pris-
cner's seventeen-year-old son. Willie
McCue made q number of statements
Immediately after the murder damaging
to his father, but on the stand he denied
having made these statements.
At the last moment the negro boy,
Perry, was also placed on the stand and
gave testimony favorable to the accused,
but as he had made other statements of
an opposite nature Immediately after the
murder. his testimony was given little
credencc by the jury which brought in
a verdict of guilty November 5.
Interest in the Case.
Not since the famous case that grew
out of the murder of Fannie Madi-
son. in Richmond. fifteen years ago. by
Walter CiuVerius. has there been a muir
der In Virginia which attracted the at
tention that has been focused upon
the McCue case since the ex-mayor of
| Charlottesville was first placed under
arrest on September 7 last. From one
| end OF the State to the other persons
/. o4 all sorts and conditions have shown
the most feverish interest IN every de-
j tail, and at an early date public senti-
ment against the accused man devel-
Hoped to an unusual degree.
/ Mrs. McCue was much beloved by the
people Of Charlottesville. While McCue
| had many friends, also, his treatment OF
his wife on former occasions was known,
together with the fact that her family
had again and again besought her to
obtain a divorce on grounds of cruelty.
Court Room Packed.
| During the trial the court room was
| always packed with men and women.
| Professors and students from the Uni
| Versity Of Virginia and prominent resi-
dents of Albemarle county for miles
| around were in attendance daily. Every
i scrap of evidence produced by the prose
cution or the defense was listened to
with the deepest interest by a crowd
that filled every inch Of the court room
| the majority Of whom were openly
| against McCue and unhesitatingly ex-
| pressed the desire that the former
! mayor of Charlottesville should not be
| allowed TO escape through any technt-
| cality.
In order that his conviction might be
| assured n petition was circulated by
| the citizens OF Charlottesville, and free
| ~ signed, calling on Capt. Micajaf
forces with Commonwealth Attorne,
| John Gilmer in the prosecution OF Nc
| Cue. Captain Woods responded % the
! cali and worked vigorously on the case
| McCue had for his attorneys at various
| periods in the trial, Daniel Harmon. one
| of the ablest lawyers at the Charlottes
| Vile bar; John / Lee, a prominent
| Lynchburg attorney. his two brothers
| State Senator Lewis Machen, of Alex
| andria; Richard Moncure, of Fairfax
and Mr.. Smithey, of Richmond
Case Hard Fought.
The case was hard fought from start
| to finish, both sides showing equal de
! termination. Every possible point thai
! cou!6 be made In favor of their clien1
| was raised by McCue's attorneys, bu
their only victory was to obtain from
| Governor Montague a postponement Of
the execution pending the action by the
court of appeals upon an application fol
| a writ Of error,
Yesterday little RI by McCue. the ten
| to Richmond. and was taken to s'e
Governor Montague II was bad quar-,
| ter of an hour for the governor but
| he declined TO interfere further with
| the action of the courts.
Appeal to High Court.
Attorneys Machen and Smithey came
/ to Washington yesterday to set the
matter before the Supreme Court of the
| United States. They saw Chief Justice
Fuller but he was i'll, and referred
| the case 20 Justice Harlan. After going
over it carefully Justice Harlan gave
! the opinion that it did not come within
! the Jurisdiction of the Supreme Court
| and so told McCue's attorneys.
| Yesterd 4y three well-knoWn alienistS
DR. White. of the Government Hos
! pital for the Insane; DR. Chewing, Of
| fredericksburg, and DR.. Snowden, OF
! Alexandria, We're taken to charlottes-
| vile TO see McCue. in the hope that
| they might find him insane. They die
rot even see McCue. and left Charlottc5-
vile last night without having beer
| to the jail.
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