Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1913-05-01
USE CONFESSION
AGAINST HIM
Court Decides That Evidence Given In
Prison by McCieary Can Re Used
~ Ssafe-Trial Unique One

ROc KILLS. Nd SPECIAL
~orman tsruce McCieary. charged
Win the murder Of Mrs Mamie Il
fscnry. OF HaCcrstcWn. Nd on Au-
russ Is. 1919. saw his chances for
life and liberty grow less here last
night when the court ruled that the
confession ne Is alleged 20 have made
while confined iD prison az hogers-
town could he used by the Common
~. courts decision came as a cN-
max TO a day OF struggle Tor vantage
/ hv both the state and the uefensc-
Without the slightest tremor OF
E twitchinC OF the face McClcary heard
4 tire ruling. and Wednesday the battle
4 aeainSt oadS VIII be renewed by has
I offo--nvs Thirty or more witnesses
4 Tor NcClcary VIII take the stand IN
I M effort 10 cogntcract the ALREADY
II damaging testimony the state has
! produced
4 sp-fsfs in whose hands the life or tbs
4 youth lies. championcd the cause 81
. the defense ny civins a oiSsentins
voice on the question OF sohinlttin-
the aliegcd confession Suose C sTls
4 took the position that as the defend
ant was deprived % the constitutions
. ~irht a. employ counsel directly FOL
loving his confinement the comics
/ sion should not be submitted IN efl
sr~cr II is admitted that counse
Ms Withheld from him until ate
the time M which 90 is nucEea ~
confessed his Euilt- Judgcs Peter an'
Wo~fhingtCn took the posiuon ms
NcCfcary's evidence came q ms 81"
voiftion. and that ne was not coercec
on this point Prosecuting AtSorne
: vvorrurer made one Of the mos
s strii,frr arguments ever heard ia IN
Z --f--s-al courts OF the state OF Mar.
land "cfCCleary saw before MS tae
% the vision OF the woman whose lie p
manifest even in the lowest OF mar
kina. smote him when he was IN q
4 darkness % his cell tils soul -
volted with the horror ~ his Grim
! flr wanted 20 appcase his conscience
i. s1if Wolnngcr-
e Trial Unique One
The trial OF NlcCleary by three me
p who not only act as court but as ID
- and Judge. ts. perhaps, the mo
II UNIQUE OF any case IN the Grimm
e annals % this country, ~ least IN <
> state o. Maryland Tor ages, az le1
,o since the days OF king Alfred (
Great. a mans lie ln cases iuvolNi
capital punishment always was ne
|fr the balance by Twelve good n
and true. And here. should I
state win its demand for "a lie toE
- life uuiusly taken, perhaps
Il hinge one q the rnest points OF "a
ever presented 90 the higher courts
the state and nation whether q ~
on trial for his life can agree 20
- fthe court itself decide his tate lnsle
81 o. = tury 90 his peers But under
10 lola law on the statute books OF Ma
~ land -the prisoner az the ba
through his attorneys. can decide
&c 90 whether jury shall hear TIE O.
- or "a court % three judges This
20 defense and the state agreed upon
- Yesterday one 90 the states stro
~ 80 vrt--.ser- was s. NcComns Hr
- kfns. Assistant United states Attorr
-, Who told rf fhe Washington end
80 Itne casc-how thc hands az The
f~ the District of columbia had IA
- NrClelrv into custody, 90 how ne
- found - have ln his possession
60 faddress % Miss Lupah Henry. (
Living IN washington 90 escnpe his
t-uri0rs- how hut TWO people -
ttrts addrerz-Mrs Henry and
- Herry-and that che only way 20
aO hle for McCleary 90 md it out was
81, a letter Mlas Henry had written
80 hey mother.