University of Virginia Library

CHAPTER XVIII.

AFTER THE VERDICT.

"I shall not be hanged, and I shall not commit suicide."

Such were the words spoken by J. Samuel McCue a few hours after
he had been convicted of murder in the first degree.

And thus it appears that the ex-Mayor, after all he has undergone,
and despite the tears he shed on the day the jury brought in its verdict,
was soon himself again. Indeed, if a certain town official's statements
are accurate, it did not take the prisoner long to recover his
equanimity. This authority says that shortly after the trial was over,
McCue began whistling, as of yore, and that he soon seemed as cheerful
as a cricket.

The supposed wife-murderer confidently expects to get a new trial,
and he declares that if the Supreme Court decides his way, he does
not intend to try his chances again in Charlottesville. The next time
he will ask for a change of venue. He, as well as his counsel, appear
to think that the jury trying the case breathed an atmosphere tainted
with prejudice, and that however conscientious the twelve men might
be, they could not prevent themselves from becoming affected by their
environments.

J. L. Lee, one of the prisoner's lawyers, said as much in his argument.
He told the jurors to watch themselves carefully, and appeared
to think it altogether improbable that they could hold themselves
aloof from local influences. This warning, however well intended it
may have been, surprised the jurors.

One of them said, a short while after the verdict had been handed
in, that it was not until Mr. Lee made this remark that he and his
associates knew there was any feeling about the murder of Mrs. McCue
in this city. They had seen no signs of animosity on the part of the
crowds in the court-room, and from the demeanor of the spectators,
could not tell whether they were for or against the accused.

Once, and only once, there occurred what Judge Morris severely designated
as a "demonstration." Captain Woods and Mr. Lee were having a
little "spat," and the former made a sharp retort. For just about two
seconds there was a mild effort on the part of some to applaud Captain

Woods. This, however, seemed to be designed not as a scheme to
show feeling against McCue, but merely to express admiration for the
Charlottesville lawyer.

McCue's counsel, nevertheless, appeared to be shocked by the incident,
and forthwith demanded that a note of the matter be put in the
stenographic record. The court agreed to this, but told the stenographer
to use the words "slight applause." And that just about expressed
it.

Great stress seems to be laid by the defense upon the fact that
certain jurors during the trial were permitted to read the newspapers,
although the evidence shows that none of them went beyond the headlines

ALBEMARLE COUNTY JAIL.

Window of McCue's Cell to Left.

of the case as reported, and although each juror testified that he
had observed to the letter his oath upon the subject.

Judge Morris, at the beginning of the trial, gave the members of the
jury permission to read newspapers, provided they would avoid the report
of the trial as far as possible—i. e., all except the headlines. This
they did.

It is interesting to note that this permission was granted in open
court, in the presence of the accused and his counsel, and without objection
or exception by them at the time. It is the opinion now of certainly
two of the ablest lawyers at the Charlottesville Bar, who had

no connection with the case, that a failure to except at the time cures
any error, if error there really was, in the liberty granted by the Judge.

One of the professors of law at the University of Virginia is
strongly of the opinion that the Supreme Court will find no error in
the instructions allowed by Judge Morris.

"They were," said he, "extremely fair and liberal to the accused.
Apparently every doubt was solved in favor of the prisoner, as it
should have been, and the wisest precaution seemed to have been
taken to give the defense no excuse for an appeal on the grounds of
unfair or improper instructions."

Any other treatment of Willie McCue than that which he received
at the hands of Captain Woods and Captain Ker, would have been
unfortunate. Several members of the jury expressed themselves in
terms of sympathy for the unfortunate boy, who found himself placed
in such an awkward position.

They all agreed, however, that if he really knew, and had told to
others, damaging things against his father, he would have appeared
in a much better light to have refused to testify on the stand upon
those points, and to have gone to jail, if necessary, for contempt of
court.

"Was your opinion of the guilt of the prisoner shaken at all by
the affectionate letters from the accused to his wife in the years 1900
and 1901," inquired a reporter of a juror who had frankly confessed,
after the trial, that he had completely lost his heart to an attractive
widow who had been a daily occupant of the bar.

"Not in the least," he replied. "One of the meanest and most unfaithful
men I ever knew—one who was, at times, brutal in his treatment
of his wife—never failed to write her in terms of endearment
whenever they were separated. You can't tell much about what a husband
is from the letters he writes his wife when absent. That may be
the only time he does love her."

Whatever may be the feeling in this community as to the guilt of the
accused, and as to the justice of the verdict, there is deep and profound
sympathy for the loved ones—especially for the innocent children
affected by it.

Mr. John L. Lee was seen at the clerk's desk, after adjournment of
court Friday evening, crying as if his heart would break. Little Ruby
McCue had gone to him and pressed his hand in grateful appreciation
of his speech and it had completely unnerved the Lynchburg lawyer.

No one who saw the jurors, after they had rendered their verdict,
with the tears streaming down their faces, could doubt that they had
performed one of the most disagreeable duties of their lives. There

could not have been found in Virginia twelve men who would have
been more conscientious.

One of the jurors said that the explanation of instructions by Commonwealth's
Attorney Gilmer and his summing up of the evidence in
the case made his speech, in the opinion of the juror, the most effective
that was delivered for the prosecution. Another juror said that
the "bloody shirt" did more to convict McCue than any other one thing.

"The verdict," said a prominent citizen of Virginia, "is a tribute to
the courage and conscience of the jury, and a remarkable vindication
of the law. It shows that wealth, social position and political influence
cannot sway a jury in Virginia from the path of duty."

While the lawyers for the defense did not, of course, express an
opinion, it is generally believed that they were fully prepared for the
verdict.

After the verdict, and the lawyers for the defense had held a conference,
Mr. Coleman arose and said:

"If your Honor please, on behalf of the accused, we submit these
motions to set aside the verdict and grant a new trial upon the following
grounds:

1. Because the verdict is contrary to law and evidence.

2. Errors of court during progress of the trial as to evidence and
questions.

3. Misdirection of the court in the matter of instructions.

4. Refusal of court to give certain instructions asked for by the
accused.

5. Because of amendments made to instructions asked for by the
accused.

"There is one other ground," said Mr. Coleman, "upon which I will
ask the court to set aside the verdict. We are, however, not prepared
just at this time to argue the matter, nor is our proof in hand. Indeed,
we are not quite sure whether we can establish this point.

"We shall also ask that the verdict be set aside because the jury
was permitted to read newspapers; also because the court refused to
discharge the jury in view of the statement made by Captain Woods
with respect to his refusing a retainer.

"I don't know whether he said a retainer from the defense or not.
He was stopped before he got that far. The stenographer recorded
the incident—his report will show."

"Is that your motion?" asked Judge Morris, when Mr. Coleman had
finished.

"It is," said Mr. Coleman. "If your Honor please, we want to argue
these motions."

"I will give you all the time you want," replied the Judge.

Commonwealth's Attorney Gilmer said that he was anxious for McCue's
counsel to have their charges fully investigated, whereupon the
Judge began the examination of the jurors as to whether they had read
the papers.

The jurors all declared that they were not influenced by what they
had seen in the newspapers, and that the few who had read any newspapers
had confined themselves strictly to the parts which did not
relate to the trial. One or two had seen the headlines of the trial
reports, and one had read a part of Mr. Lee's speech for the prisoner.

It was agreed that the motion for a new trial should be argued on
Wednesday, November 9th. On that date counsel for the defense submitted
a motion for a new trial without argument, after Mr. Lee had
offered in support of his motion copies of the Richmond Times-Dispatch,
Richmond News-Leader and Charlottesville Progress, between
the dates of October 18th and November 5th.

Policeman O. M. Wood, a deputy in charge of the jury, was sworn
and testified.

He had seen several of the jurors read the newspapers. Could not
recall who they were. The principal paper read was the Richmond
Times-Dispatch. They bought copies of the Progress containing photographs
of the jury, but did not read them; sent them to friends.
Witness recalled that Mr. Parsons bought a few copies of the Richmond
News-Leader on one occasion. He read about a reservoir bursting
at Winston, N. C.

Mr. Wood warned the jurors not to read anything about the trial.
"So far as I know, none of the jurors read anything about the case,"
said he.

L. W. Noel, another deputy, said in reply to a question by Judge
Morris, that the principal paper read by the jury was the Petersburg
Index-Appeal. They did not read anything about the trial.

Judge Morris took up each objection, one at a time, reviewed them
carefully and overruled them in each instance.

Mr. Coleman for the defense then moved an arrest of judgment for
error apparent on face of the record.

Mr. Coleman argued, in support of his motion in arrest of judgment,
that the jury had brought in a verdict of "guilty as charged," and since
the indictment did not state whether it was murder in the first degree
or not, the court could not sentence him to be hanged.

The court promptly overruled the motion, stating that the verdict
was perfectly plain as to its intent, by saying "guilty of murder in the
first degree."

Judge Morris then told the prisoner to stand up and hear the sentence.
Sentence was then passed upon him.

No prisoner in the Albemarle county jail has ever been so carefully
and systematically guarded as J. Samuel McCue. In addition to the
jailer and his assistant, Policeman O. M. Wood and Constable B. E.
Jeffries were employed as extra guards to patrol the jail yard each
night.

There is no regular death watch at McCue's cell door at this time,
and it is true that a curtain shuts out the view from the corridor into
the cell. But the cell itself is said to be the safest in the jail, and
some time prior to the date fixed for execution, the custom of having
a death watch will be complied with.

Judge Morris' orders were that no one be permitted to see the
prisoner without being first duly searched, and that every one see him
in the presence of the jailer except his attorneys, who have the right,
under the law, his three youngest children and the Rev. H. B. Lee and
the Rev. Dr. G. L. Petrie, the prisoner's pastor.

The Judge issued orders, further, that McCue be allowed regular
exercise, under proper guard, in the jail enclosure.

His meals are furnished him from his former home on Park street.

The above constitute the sum total of the liberties allowed the
prisoner.

"I shall do everything," said Judge Morris, "for the health and comfort
of the condemned man that the law allows. I have no idea or
purpose of making his lot at the jail any harder than is necessary in
order to secure his absolute safety. He is guarded strictly by the
best men that could be employed, and to deny him the comforts of
proper furnishings of his cell and the healthfulness of exercise would
be unnecessary cruelty. Certainly, I have no idea of varying my rules
in these particulars."

City Sergeant Rogers, while having no authority over the county
jail, has been ready and willing at all times to give any assistance to
the proper authorities. He says that no prisoner was ever more
securely guarded than McCue; that his escape, under the circumstances,
would be practically an impossibility.

It is not thought that McCue has any desire to escape; that he is
hopeful of a new trial, and, ultimately, of his acquittal.

Still, the authorities will take no chances, and the public may rest
assured that the guards have a full appreciation of their responsible
duties.

Judge Morris signed the bill of exceptions for the defense on November
10th. They numbered forty-six. The appeal, if granted, will
come before the Court of Appeals in Richmond January 5th.

The Corporation Clerk, in making transcripts of the record, had to

copy all orders in his office from the time of the return of the indictment
by the grand jury to the court to the final order sentencing the
prisoner.

Included in these orders are those of adjournment from day to day,
including the swearing of sergeants to take control of the jurymen and
to see that they did not talk with any one about the case, and showing
the fact that the prisoner was in court when each order was entered,
and also that at the adjournment of court he was remanded to jail.

The orders also show what exceptions the defense made and their
reasons therefor. The evidence includes nine hundred pages, and it is
estimated that the record will reach fifteen hundred pages.

The counsel for the defense will have to present their petition to
the Supreme Court of Appeals of Virginia, setting forth what they
claim are errors in the records, and their reasons and the law therefor.

DANIEL HARMON,
Leading Counsel for Defense, Who Retired From the Case on Account
of Illness.