Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1905-01-20

Richmond, Va, (SpeciaD 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
a 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, a 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 Tnsley 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.
II 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,
tense claimed that the juryman could
not help seeing the headlines over the
McCue matter, and that they were In
huenced thereby.
The failure OF the court to gram
writ of error OH that ground is taker
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 th'
Governor to induce him either to gran
a reprieve or to commute McCue's sent
ence to life imprisonment
Counsel for McCue gave IS reasons
why he should be granted new trial D.
the Supreme Court as follows:
That Henry L. Lyman, member o
the grand jury that indicted Mccue, wa
ineligible to serve, being nonresident
that the court submitted to a jury tn
question of Lyman's eligibility. Ih
third and fourth items refer to dltteren
phases of the same objection.
That J. Y. Stockdell should not hav
been accepted as a juror, there beini
doubts of his impartiality.
That hudson B. Wood was accepte'
after having expressed all opinion.
That Frank K. Tyler was excluded TO
declaring he would not convict on cir
cumstantial evidence.
From the eighth TO the fifteenth tier
the exceptions relate to testimony Q
witnesses alleged to have been improperl
admitted.
Exceptions from the sixteenth to tn
thrty-third item relate to the impeacf
ment of the young son OF the prisonee
. William McCue They claim that tn
Commonwealth having introduced tn
witness, had no right to put on otlle
witnesses to impeach him when he di
not testify as they expected.
Exception "a relates to the admissio
of evidence as to the prisoners mannt
to his wife on a specific occasion.
Exceptions from 81 up to 40 rela'
to the admission of testimony. No. 30
( in regard to the jurors being allowed
t read the daily papers. The next two e,
d ceptions relate to refusal to grant certa
instructions and the amending OF other
No. a. is that one Of counse! for II
n prosecution improperly stated before Il
Jury that he had refused large fee
: order 10 prosecute McCue.
The last exception was to the court
| r..:.. - ,ot zelda the verdict