Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1905-01-20
RESPITED
TO FEB. 10.
AMENDED PETITION
FILED.
DECISION OF SUPREME
COURT.
How the News Was Received by
the PrisOner-Brief History Of
the Crime, Etc.

| James Samuel McCue, former Mayo
of Charlottesville, will be hanged to
day for the murder of bis wife. Fannie
Crawford McCue, unless the Governo
intervenes. The State Supreme Cour,
of Appeals unanimously declined tc
grant writ of error.
The decision of the court was an
nounced by it's president. Judge james
Keith, who said from the bench when
court opened Thursday.
I'm the case of McCue VS.. the Com.
monwealth, the judgment OF the Cor
pOrati0n Court of Charlottesville be-
ing plainly right, writ Of error il
denied
HAVE RIGHT TO READ THE PAPERS.
The decision came as surprise to the
legal fraternity, the prisoners petition
having been skillfully prepared by the
attorneys, J. L. Lee and Tinsley. Cole
man, of Lynchburg. There were 45
assignments of error, one being on a
point hitherto not raised-the right of
jurors to read the daily papers during
the progress OF a case.
1t will be remembered that Judge
George W. Morris, who presided at
McCue's trial, allowed the jury to read
the papers, but cautioned them to
avoid the portions relating to the trial.
The defense claimed that the jurymen
could not help seeing the headlines
over the McCue matter, and that they
were influenced thereby.
The failure of the court to grant a
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 Nc
Cue will begin at once to lay seigs to
the Governor to induce him either to
grant a reprieve Oh to commute Nc.
Cues sentence to life impriso nment.
GROUNDS FOR NEW TRIAL.
Counsel for McCue gave 45 reasons
why he should be granted q new trial
by the Supreme Court, as follows:
That Henry L. Lyman, member of
the grand jury that indicted McCue,
was ineligible to serve, being nom
resident, that the court submitted to
jury question of Lyman's eligibility.
The third and fourth items refer to
different phases of the same objection.
That J. Y. Stockdell should not have
been accepted as a juror, there being
doubts of his impartiality.
That Judson B. Wood was accepted
after having expressed an opinion.
That Frank X. Tyler was excluded
for declaring he would not convict on
crcumstantial evidence.
From the eighth to the fifteenth item
the exceptions relate to testimony OF
witnesses alleged 20 have been impro-
perly admitted.
Exceptions from the sixteenth to the
thirty. third item relate to the impeach-
ment of the young son of the prisoner,
William McCue. They claim that the
Commonwealth, having introduced
this witness. had no right to put on
other Witness to impeach him when
he did not testify as they expected.
Exception "a relates to the admission
of evidence as to the prisoners manner
to his wife on specific occasion.
Exceptions from "a up to 40 relate to
the admission of testimony. No. 40 is
in regard to the jurors being allowed
to read the daily papers. The next
two exceptions relate to refusal to
grant certain instructions and the
amending of others.
No. Al is that one of counsel for the
prosecution improperly stated before
the jury that he had refused large
fee in order to prosecute McCue.
The last exception was to the courts
refusing to set aside the verdict.
HOW McCUE RECEIVED THE NEWS.
y od4uol NhCOuC. ohC CoboOAA hoeA
murderer of mis- wife, Mrs. Fannie M
McCue received in his cell the informa-
ton that the application for writ OF
error and supersedeas had been refused
by the unanimous judgment of the Su'
preme Court. This Intelligence was
impaired by Sergeant G. w. Rogers
who went to the Jail at the hour man,
ed, accompanied by Messrs. Sinclair
and Walker, two of the local attorneys
for the defense, and by the chief OF
police and two other officers.
McCue received the judgment with.
out comment, and was searched before
he gave any evidence of the impression
it made upon him. He then broke
down and wept, as he frequently did il
court, and, as there, promptly recov