Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1905-01-13
McCUE TO HANG.

As was stated In the Gazette, the
Court of Appeals yesterday declined to
grant a writ of error in the case OF j.
Samuel McCue, former mayor OF Char
louisville, for the murder of his wife,
Mrs. Fannie NJ. McCue, and unless Gov
ernor Montague should interfere, which
is not regarded as likely, McCue must
hang January 20, as decreed by the
Corporation Court of Charlottesville,
Judge George w. Morris presiding.
The decision of the Supreme Court
was unanimous. The fate of McCue
was contained in these simple words;
'In the case of McCue vs.. the Com
monwealtb, the judgment Of the Corpo.
ration Court of Charlottesville being
plainly right, a writ of error is denied. "
Unless new and decisive evidence is
found the judgment is closed, aud even
then only the Governor could act upon it.
The refusal of the Court of Appeals to
giant writ of error was surprise 10
many lawyers. There were 45 excep-
tons taken to the ruling of Judge Nor.
ris. but it was that point which referred
to the jury reading the newspapers
which was regarded as strongest. 1t
was point which the Court of Appeals
had overruled, and many lawyers be-
ieved that the court would feel it in.
cumbent to put itself on record where
such an opportunity presented itself
Ind decision was received with salts
faction in Charlottesville and elsewhere
in the State
Sergeant c. w. Rogers, of Charl0ttes-
vile, yesterday afternoon went to the
city Jail and notified McCue of the de-
cision of the Court of Appeals. The
prisoner made no reply and submitted
quietly to being searched by Officers
rrice aud Cameron, who found nothing
on his person. Then McCue broke
down and wept After minute or so
he said: al am not going to commit
suicide. | will not snuff out this life,
for it is only matter OF time anyway,
and if did 40 | would not see my darl
ing wife in heaven" He added that he
hated to leave his children, but was GO
ing to meet bis wife in heaven.
Sergeant Rogers appointedS. E. Lush
baugh, w. f. Marshall, 0. NJ. Wood
and A. n. Eubank to alternate as death
watch.
The general belief in Charlottesville
is that no error was committed by the
court in the trial of the ex.mayor, and
yet, strange to say, there was some sur
prise that the Cont of Appeals did not
award writ of error. The sentiment
is one of satisfaction with the action of
the court, feeling which gains frOm
the general BELIEF of the public in the
guilt OF the condemned man.
The contract for making the scaifOld
has been awarded to Mr.. Issac Durrett,
who began the framing of the structure
today.
McCue's attorneys conferred yester-
day more or less Informally, and 1t
seemed to be expected that there would
be a more serious consultation today
upon the arrival of Mr. Coleman from
Lynchburg. One of the lawyers says
that no course has as yet been determ-
ined upon and none will be until Mr..
Coleman's arrival. The prisoner said |
nothing Yesterday sltsfhoon.to indicate
that he was depending on any further
step. He asked several times for bis |
brother, Edward o. McCue, but it was
supposed with view TO putting his
affairs in order.
City Sergt. Rogers, of Charlottes-
vile, has procured from Sheriff w. A.
Wilson of Augusta county, through n.
O. Watts, the county hangman's rope,
binding straps, gown, hood, and other
paraphernalia with which TO hang
McCue. This is the rope that had been
prepared to hang John Kennedy, the
condemned train wrecker, who escaped
few days before his execution was to
take place, and the same rope with
which the negro Spiller was hanged.