University of Virginia Library

CHAPTER VIIII.

THINGS THAT WERE HEARD.

Of all the people in the community in which the McCue's lived, only
two persons heard anything in the movement of the terrible drama.
These were Charles A. Skinner, Mr. F. B. Moran's colored coachman,
who, from his room across the lane from the McCue residence, heard
things to which he testified very frankly; the other, John Perry,
McCue's colored house boy, heard more, but seemed unwilling to tell as
much.

Skinner, while lying on his bed, heard crying and screaming. After
a while he went to his window. Then he heard more piercing screams,
which came from McCue's house. It looked as if somebody was in
distress, just as if "somebody were dead over there." Witness then
went back to bed, then heard the shot, and again hurried to the window.
The screams were those of a woman. They lasted three or five minutes
before the shot, probably longer. He didn't hear a man's voice. Witness
thought somebody might have died from natural causes over at
the McCue's house and that the family were in distress.

Witness heard running footsteps on the pavement in front of Mr.
Moran's. They seemed going towards Sam McCue's. This was after the
shooting. The negro saw a dim light in the McCue house upstairs.
He could only see one light towards the street.

Several minutes later, witness heard "coarse crying." This was
probably after Willie McCue had reached the house and given way to
hysterical grief.

The boy Perry, sixteen or seventeen years old, was employed by
J. Samuel McCue at the time of the murder, and on the night of the
crime heard, from his room on the second floor in the rear of the bathroom,
the assault on Mrs. McCue, her last words, and the gunshot that
put an end to her life.

The prosecution believed that his evidence was of the greatest importance,
and had him subpœnaed. But confidence in Perry, after the
testimony of Willie McCue, was not strong, and the prosecution let

him alone. So did the defense. Possibly both expected the court to
put him on the stand, as in the end it did, complying with the request
of a juror, Mr. Traylor. Judge Morris sent for the negro. He was
questioned by Judge Morris and answered that he was working at
McCue's the night of the murder. He did not hear them when they first
came but afterwards heard wife say. "Sam, Sam, come and help me;
he is killing me."

The witness then tried to get in the house and get the gun. Mrs.
McCue said, "Sam, Sam he is killing me" or "he is going to kill me."
The witness heard the gun go off.

Mr. McCue said, "Come in. Oh, John, I am in the wrost trouble I
ever had in my life. A burglar has knocked me senseless and probably
killed my wife."

The witness said he was sleeping in the room over the kitchen and
shut up the house before the couple went to church. He locked the
dining door, but the door leading from the kitchen to the house was not
locked.

After Mr. and Mrs. McCue left, he went to his room and fell asleep.

Mrs. McCue's screams awoke him. She was then in her chamber.
Then she ran towards the bath-room.

Perry heard her say, "Sam, Sam, he is killing me," while she was in
her chamber. He heard a man go in the bath-room twice and then down
the steps.

He had on heavy shoes. It was four or five minutes after McCue
opened the door leading from house hall into the witness' room.

McCue then had on his slippers. The witness did not see the man
who went into the bath-room but could hear him.

Questioned by juror, the witness said the windows were up. The bathroom
window was not up. He heard water running in the bath-room
but could not get out of his room until he was let out—that is, he could
not get into the McCue house proper. Three or four minutes after the
gun went off Mr. McCue opened the door to let the witness in. The
latter saw no blood on his shirt and none running from his person.
There was no blood on McCue's undershirt and it was not torn.

Answering Captain Woods, Perry said he occupied the room back of
the bath-room. There is a little passage back of the bath-room and
steps going down to the kitchen. He had been living at McCue's at
the time of the crime over a month and has been living there ever
since. He took meals to the prisoner and was sometimes in his cell.
He is still employed at McCue's.

"Did you see Mr. Baldwin Tuesday before the funeral?"

The witness was here confronted by the detective.

"Yes, sir."

and Crawford."

"Didn't he just before the funeral call you out of the room into your
room? Didn't the other Baldwin come in also?"

"Yes, sir."

"Didn't W. G. Baldwin talk with you about the murder?"

"Yes, he asked me the same questions as you are asking."

"Did you explain it to him?"

"I told him the same thing as at the inquest."

"Did you say Mrs. McCue `gargled and gurgled?' "

"No, sir."

"Did you tell him you saw the bath-room full of smoke and that you
and the accused went in?"

"I told him about the smoke. We didn't go in."

"Did Baldwin say, `All I want is the truth?' "

"Yes, sir."

"Did you tell him you heard Mrs. McCue say, `Sam, why do you treat
me so. I'll never do so any more?' "

"No, sir," doggedly said the witness.

"Did you clean the gun Saturday?"

"No, sir."

"Didn't you say you cleaned it?"

"No, sir. The gun was certainly not loaded," said the witness, "but
I never took it out of the case."

"After the funeral Tuesday didn't you take the meals to McCue's children
at Mr. Dinwiddie's?"

"No, sir. I didn't go at all."

"Didn't you see Judge Lyons' two servants at the gate on the Tuesday
afternoon after the murder—Susan Austin and Carry Perry, both
colored women?"

"Don't remember," first said the witness. A minute later he remembered
going to Dinwiddie's.

"Did you talk with them?"

"Yes, sir."

"Didn't you tell them you were in your room during the killing; that
you heard a considerable fuss and that you heard Mrs. McCue say,
`Oh Sam, Sam, don't kill me, I am going to die anyhow?' "

"No, sir, not a word of it," emphatically said the stubborn witness.

"And that then you ran your head out of a window to listen?"

"No, sir, I didn't put my head out of no window."

"That you heard a gun fired?"

"Yes, sir."

"That McCue then called you and that you two went down stairs."

"No, sir, I didn't tole 'em that."

"Do you remember going to wine cellar and seeing Messrs. Baldwin

"No, sir. I went to Charlie Brown's. I went to the gas light. I saw
them there and had a talk with them."

"Did you have a talk the next morning with William McCue?"

"Yes, sir."

"Did he write your statement down on paper."

"No, sir, he didn't have no paper in his hand."

Capt. Woods here produced the paper written for witness by Willie
McCue: "I said `John, now I want you to tell me just what you heard.'
The first thing he said was, `You know last night I was afraid to tell
those gentlemen on Mr. McCue. I heard him slap her first because I
got up and put my head out of the window. Then it sounded like he
was hitting her and thumping. Then I heard him choke her and heard

ALBEMARLE COUNTY COURTHOUSE, WHERE THE TRIAL
WAS HELD.

her like she was strangled. She said, Sam, you ought not to treat me
like this. I will promise not to do it again.' "

Perry said young McCue must have put in some of the things himself.
He didn't say them.

"I didn't tole him that," was Perry's every answer. He didn't see
Willie write down a line. If he wrote it he wrote what was not true."

Answering Mr. Lee, John Perry said he had first been summoned as a

witness for the Commonwealth. The jailor always went with him into
McCue's cell when he took the meals. He had a conversation with the
Baldwins on the Tuesday after the crime.

He went to the wine cellar that night but had previously talked with
the Baldwins. He could not tell when he last handled Mr. McCue's gun.
He saw the gun about a week before the crime.

Answering Capt. Ker, the negro said, "There were no children save
William at home on the night of the crime. The little boys had been
away a month; all except Sam. He was away three weeks. He last
observed the gun when little Sam was at home.

The witness was excused at this point.

W. G. Baldwin, detective, in answer to Capt. Woods, said he saw John
Perry on the Tuesday before the funeral at about noon. He was in his
own room by appointment of William McCue. He said he had had a conversation
with Willie; and warned him not to talk with outsiders.

Perry told the witness he heard Mrs. McCue say:

"Sam, why are you treating me so; what have I done? What have
I done to you?" Then the boy heard a gurgling sound and subsequently
a gunshot. The wife's cries aroused Perry. After the gunshot Perry
arose and tried to get into the house. There were no questions by Mr.
Lee.

Detective Albert Baldwin was again recalled. He saw Perry the Tuesday
before the funeral, about 12 o'clock, in a room at the back of the
McCue home. It was his room. W. G. Baldwin went in with Perry and
the witness followed behind him.

Perry said he heard some one crying in the hall—near the bath-room.
Perry tried to get in but could not do it.

He heard Mrs. McCue say: "Sam, Sam, why do you treat me so.
I will never do so any more."

At this juncture William Hurley, colored, came in the room and that
wound up the conversation with Perry. During the talk, Perry made
a statement about the gun. Perry said he heard the lick struck, heard
the cry and this appeal, "Sam, Sam, why do you treat me so? I shan't
do so any more." He told W. G. Baldwin it was four or five minutes
before McCue let him get into the hall.

The prosecution proceeded to impeach Perry, calling for that purpose
Susan Austin and Carrie Perry.

Susan Austin, colored, lived at Judge Lyons at the time of killing,
and had been there for three years. Mrs. Lyons home is just beyond
the McCue's. She saw John Perry Tuesday night, after the funeral
while she was standing at Judge Lyons' gate with Carrie Perry.

Perry was coming from the Dinwiddie's. He said he heard the wife of
Mr. McCue scream. He dressed but could not get out of the room.

Then he heard McCue's wife say, "Sam, Oh Sam, you are killing of
me. I am going to die anyhow."

There were no questions by Mr. Lee.

Carrie Perry, colored, lives at Judge Lyons and has been there one
year. She is a "waitress." She saw John Perry the night of the funeral
at the gate. Susan Austin also was there.

C. W. ROGERS,
City Sergeant of Charlottesville.

Perry was coming from the Dinwiddie's. The woman had a talk with
him. Perry told the witness he was in his room and heard Mrs.
McCue's screams. He couldn't get out. He then heard Mrs. McCue say,
"Oh, Sam you are killing me, I am going to die anyhow."

A little later McCue let him out and told him that he was in terrible
distress. The woman remembers Perry's words distinctly.