Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1905-01-21
ReprIeve For McCue.

Richmond, Va Jan. II j. Samu'
Nc ne, ex-Msyor Of Charlottesville
was granted a respite by
Governor Montague until February
10 next. The Governor considered
the matter at length and In deciding
to prolong Mc"ue's life said:
"Tbe guilt or innocence OF those
charged with crime Is to be determ
inad by the Judiciary tribunals. The
exAcutive should aid aud not arrest
tn. Judgments Of courts or the exec
cuiions of law, saw for supreme rea
sons.
For the executive to review the
oninion Of courts or the verdicts of
irriNs, no matter how he dispgrees
with them, would be plain usurpa'
ton Of authority. But the Suprem
Court Of Appeals his this day been
petitioped for rrheariug OF the ap
nlication for a writ of error and the
xecutive has since been requested
nv tbs eminent tribunal TO grant =
-.spite OF the death sentence that
ufficieut time may be had for he
.n, idera' ion the case as justice
nd the law may require.
In granting this request the exc
.utiye is adm and not obstructiDg
he admins ration Of the law and be,
therefore,. will direct respite until
Friday the 10th day Of February,
1905"
Petition To Supreme Court.
Counsel for McCue this afternoon
fled with the Supreme Court a
epgthy amended petition asking for
reheariDg IN the case OF their client.
The petition was presented by
wessrs j l. Lee, j. Tinsley Cole.
man and Walker & Sinclair. The
presentation followed a talk with
Governor Montague, who was requet-
ted to grant McCue reprieve IN or
der that the court might investigate
the amended petit n.
The petition holds that the court
should give counsel for the accused a
chance to argue the points made 10
the first petition presented, and
states that many of the questions
raised are new in This State, notably
that OF the jury being allowed to
read the newspapers during the trial
and that relating TO the prosecution
impeaching its own witnesses. In
conclusion, the petitioners pray that
there be rehearing and that the
writ asked be granted.
Jury's Reading Newspapers.
Commenting on the trial court al
lowing the jurors to read the daily
papers, the petition says:
ut has been slated in the press
that the ground upon which this
court overrIled the objection was
that the jury'nen asked permission
of the Court to read newspapers and
petitioner did not then object. BE
it SO. But, first, the matter was not
mentioned to petitioner or bis coun-
sci whose views in regard thereto II
was not deemed material to consult
or consider, and second, 1t was un-
derstood that the jurors were pledged
DOT to read anything IN reference to
the case on trial, whereas, In fact,
thew Tor some of them) did do so.
But has IL ever occurred to this
honorable court how unjust 1t was to
place petitioner in the position OF
being called upon to object or be
convicted by his sienceH To deny
he privilege OF reading the news
oapers was not q matter to which
hey were likely to submit kindly
they would undoubtedly esteem IL
h. rdship if their requests were de
uieC, and, H. view If the understands
log that they we're not TO read any
hing about the sse, would have re-
garded any objection as reflection
upon their integrity as well. Pen
TONER'S life was Ia the hollow OF theiI
hands Is it not, then, monstrou.
proposition that the trial jucge could
sniff the responsibility OF dealipa
with this matter from his OWL
shoulders o those OF petitioner
Impeachment of Witness.
TN reference to the impeachment
of the witness introduced by the
Comm onwealth, 1t is certain that the
statute cannot be so construed as Il
low a party greater latitude in im
peaching the witness OF his adver
sary.
ut is a fundamental principle O.
the common law that the adjud ca
ton of the highest tribunal, or cour'
OF last resort, shall stand as rules o
law in all similar cases This mSke
it necessary that ali sdch decisio nj
should be accessible aud examinable
kut when the Court declares the Law
Oh im portaDt questions for the frs
time by refusing a writ OF error th'
principles 20 declared are not acces
sible-no one can lay hands upoi
them; they afford no guide for tn
future; they vanish aud make NJ
sign. But, far worse than that, the.
tend to the exercise of irresponsible
arbitrary power, and this in turf
| to ipiustIce and tyranny"