The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1905-01-18


Richmond, Va, (SpcciaD James
Samuel McCue, former Mayor of Char
louisville, will be hanged January 20
for the murder of his wife, Fannie
Crawford McCue, unless the Governor
intervenes. The State Supreme Court OF
Appeals unanimously declined to grant
writ of error.
McCue's only hope now is that Cover
nor Montague will interfere, but there
seems little reason to believe that he
will interpose, although it is possible
that the Governor will reprieve the pri-
soner for a short time to give McCue
an opportunity TO prepare to meet his
fate.
The decision of the court was an
nounced by its president, Judge James
Keith, who said from the bench when
court opened.
'In the case OF McCue VS.. the Com
monwealth, the judgement of the Cor
poration Court of Charlottesville being
plainly right, writ of error is denied"
The decision came as a surprise to the
legal fraternity the prisoners petition
having been skillfully prepared by his
attorneys, J, l.. Lee and Tinsley Cole
man, of Lynchburg. There were As
assignments of error, one being on a
point hitherto not raised--the right of
jurors to read the daily papers during
the progress of case.
1t will be remembered that Judge
George w. Morris, who presided at Nc
Cues trial, allowed the jury to read the
papers, but cautioned them to avoid the
portions relating to the trial. The de-
fense claimed that the juryman could
not help seeing the headlines over the
McCue matter, and that they were in
fluenced thereby.
The failure OF the court to grant
writ of error on that ground is taken
to mean that hereafter juries in muir
der cases can read the papers.
1t is expected that counsel for McCut
will begin at once to lay seige to the
Governor to induce him either to grant
a reprieve or to commute McCue's sent
ence to life imprisonment.
Counsel for McCue gave IS reason:
why he should be granted new trial by
the Supreme Couif, as follows
That Henry l.. Lyman, member oi
the grand jury that indicted McCue, was
ineligible to serve, being nonresident
that the court submitted to a jury the
question Of Lymans eligibility The
third and fourth items refer to different
! phases of the same obj jsction.
That ]. Y Stockdell should not have
been accepted as Juror there being
doubts of his impartality.
That Judson B. Wood was accepted
after having expressed an opinion.
That Frank X. Tyler was excluded foi
declaring he would not convict on cir
cumstantial evidence.
From the eighth to the fifteenth iten
the exceptions relate TO testimony o
witnesses alleged to have been improperl
admitted.
Exceptions from the sixteenth to tn
thirty-third item relate to the impeach
ment of the young son OF the prsonei
William McCue They claim that til
Commonwealth having introduced thi
witness, had no right to put on othe
witnesses to impeach him when he di
not testify as they expected.
Eception "a relates to the admissio
of evidence as to the prisoners manne
to his wife on a specific occasion.
Exceptions from "a up to 40 relat
to the admission of testimony. No, 40
in regard to the jurors being allowed {
read the daily papers. The next two eN
ceptions relate to refusal to grant certai
instructions and the amending of other
No, a is that one OF counsel for th
prosecution improperly stated before III
jury that he had refused large fee
order to prosecute McCue.
The last exception was to the court
| rnfusinr 10 set aside the vnrdict