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The McCue murder

complete story of the crime and the famous trial of the ex-mayor of Charlottesville, Virginia
  
  

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 XXI. 
 XXII. 
CHAPTER XXII.
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CHAPTER XXII.

PERSONAL SKETCHES.

Those Who Figured in the Trial—The Lawyers and Court Officers—
Condensed Biographies of the Most Prominent Persons Connected
with the Case.

Judge George Watts Morris was born in the city of New York on
December 13, 1857, his early education was obtained at the well known
school of this city conducted by the late Major Horace W. Jones, who
was assisted at that time by William R. Abbott.

Judge Morris entered the University of Virginia in the fall of 1874
and for three years was an academic student, concluding each course
with honor. The succeeding two years he was a student in the law
school under the famous John B. Minor, and in 1879 he took the degree
of Bachelor of Law from the University.

In the same year Judge Morris began the practice of law in Charlottesville,
Va., and immediately met with success. He was for a number
of years interested in politics, being chairman of both the city and
county democratic committees.

In the fall of 1893 Judge Morris was elected to the State Senate and
re-elected in 1897. In both cases he was elected unanimously and by all
political parties.

He was elected by the General Assembly of Virginia Judge of the
Corporation Court of Charlottesville and qualified for the office in
March, 1901. Since that time he has served as judge with a dignity and
fairness which has made him esteemed by the people of Charlottesville
and Albemarle county.

A number of the best citizens and lawyers of the State have united
in commendation of Judge Morris for the maner in which he conducted
the McCue case. His fairness, impartiality and strict regard for
the law won him a foremost place in the legal fraternity of Virginia,
and among its judiciary.

* * *

CAPT. MICAJAH WOODS: Capt. Micajah Woods, who is one of the
best known members of the legal profession in the State of Virginia,
is a native of this State, having been born in Albemarle county, at
"Holkham," the 17th of May, 1844. His father, Dr. John Rhodes Woods,


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was for many years considered the leading authority upon stock raising
in Virginia, and his mother was Miss Sabina Lewis Stuart Creigh. On
both sides of his family he is descended from Scotch-Irish ancestry.

His early education was obtained at the Lewisburg Academy, the Military
School of Charlottesville, taught by Col. John Bowie Strange,
and at the Bloomfield Academy, taught by Messrs Brown and Tebbs.
In 1861 he entered the University of Virginia, and like many of the other
young men of the South, was soon a member of the Confederate army.
He first served when barely 17 years of age as volunteer aide on the
staff of General John B. Floyd, in the West Virginia campaign of 1861,
and then in 1862 as a private in the Albemarle Light Horse Company,
in the Second Regiment, Virginia Cavalry, and afterwards was first
lieutenant in the Virginia State line.

At the close of the war he returned to the University, where he
studied in the academic department for one year and then studied law,
being graduated in 1868 with the degree of Bachelor of Law. He
immediately opened an office for the practice of his profession in Charlottesville,
and in 1870 was elected Commonwealth Attorney for that
county, which position he has filled for thirty-four years, without having
had opposition for the nomination since 1873; and at the November,
1903, election he was chosen to the said office for another term of four
years, commencing January 1st, 1904.

In 1872 Captain Woods was made a member of the Board of Visitors
of the University of Virginia, a position which he held for four years,
having been at the time of his appointment, the youngest member of
that Board ever selected. In politics he is a Democrat. He has been
chairman of the Democratic party of Albemarle county for several
years, and as elector represented the Seventh Congressional District
of Virginia; and also was a member of the Presidential Electoral Board
in 1888, which cast the vote of Virginia for Cleveland for president.

Captain Woods is known all over Virginia as the peer of any lawyer in
the State.

* * *

DANIEL HARMON: Daniel Harmon of counsel for defense was born
in 1859 at Alexandria, Va., and was brought by his parents, Mr. Daniel
Harmon and Mrs. Mary Elizabeth Harmon, nee Wood, to this city
about a year later. He attended the school then conducted in this
city by Major Horace Jones and Armistead Gordon, now of Staunton.
He then went to the University of Virginia and entered the law school,
graduating in 1882.

Mr. Harmon went west, and not until 1884 did he begin the practice
of his profession. Since that time he has been an honor to the bar of
Charlottesville and Albemarle.


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Three times Mr. Harmon has been appointed a member of the Board
of Visitors of the University—once each by Governor O'Ferrall, Governor
Tyler and Governor Montague. He is a man of splendid mental
ability, strong in debate, quick at repartee, and of undoubted strength
of character. He is, in short, a man whom all love and respect.

Mr. Harmon has been connected with many important cases since entering
the legal profession, the most famous of which was that about a
year ago when Mrs. Nannie Langhorne-Shaw of Albemarle, sued and
obtained a divorce from her husband, Robert Shaw of Boston.

* * *

FRANK GILMER: Frank Gilmer, Commonwealth's Attorney of
Charlottesville, was born January 29, 1857, at Buckeyeland, Albemarle
county. He is a great-grandson of Dr. George Gilmer of Penn Park,
who was family physician of Thomas Jefferson. Mr. Gilmer has a
medical account book showing the account of Thomas Jefferson with his
family physician.

Dr. Gilmer's eldest daughter married William Wirt, Attorney General
of the United States. One of his sons, a great uncle of Mr. Frank
Gilmer, Mr. Francis Walker Gilmer, was the first law professor at the
University of Virginia, and was sent abroad by Mr. Jefferson to select
the first corps of professors at the University. He died soon after taking
the University law chair.

Governor Thomas Walker Gilmer of Virginia was an uncle of the
chief prosecuting attorney. The latter's parents were George C. and
Mildred Wirt Gilmer, the mother, nee Duke, being a sister of the late
Col. R. T. W. Duke, who was for a number of years attorney for the
Albemarle commonwealth.

Mr. Gilmer was educated in private schools at his birthplace, at
Major Jones' School, this city, and at Richmond College. From 1871
to 1872 he was at Hampden-Sidney. He studied law at the University of
Virginia one session after leaving Hampden-Sidney and took the summer
course for one term. During this time he was clerk in the University
postoffice to obtain funds to pay his way through college.

In 1881 Mr. Gilmer began the practice of law. He has been Commonwealth's
Attorney of Charlottesville since 1888 and his present term does
not expire until January 1st, 1906.

Never since Mr. Gilmer has been Commonwealth's Attorney has a
case he conducted and prepared in the Corporation Court, upon which
an appeal was taken to the Supreme Court of Appeals, in which the
judgment was in favor of the Commonwealth that has not been affirmed.
This includes the celebrated Muscoe case. No case in which the
Commonwealth was the appellant has been reversed.


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Mr. Gilmer married March 17, 1886, Miss Rebecca Singleton Haskel,
of Columbia, S. C. He is the father of two boys.

* * *

JOHN L. LEE: John L. Lee, chief counsel for J. Samuel McCue
since the withdrawal of Daniel Harmon on account of illness, was
born in 1861 in New Orleans, La. His early education was secured at
Sewanee when he was ten years old. When thirteen he went to Germany
and spent three years abroad.

When Mr. Lee returned to this country he went to Amherst county.
After studying at the Kennon High School at Amherst, he studied law
in a private office. He began the practice of law in Amherst when
only twenty-two years old.

Then at the tender age of twenty-three he became Commonwealth's
Attorney of Amherst county and held the office eight years, resigning
before the expiration of his second term to practice law in Lynchburg.
He formed a partnership nine years ago with Mr. Howard, the firm's
style being Lee and Howard. It has enjoyed an unusually lucrative
practice.

Twenty years ago Mr. Lee married Miss Mary Walker of Amherst
county. He has one son and one daughter.

Among the number of important cases with which Mr. Lee has been
connected was the contest of Mrs. Ann Fletcher Williams' will involving
a half million of dollars. Another was the recent George M. Jones
will case in Lynchburg, involving $200,000. Mr. Lee succeeded with
his associate, Mr. J. Tinsley Coleman, also associated with the subject
of this sketch in the McCue case, in getting $50,000 for a public library
for the city of Lynchburg and the payment of counsel's fees and costs.

Mr. Lee was counsel for Aylett Ashby, charged with the murder of Mr.
Mayre in Newport News and won his case. He is, at this writing,
counsel for Charles S. Forbes of Buckingham county, charged with the
burning of his father's house, and secured the continuance of the latter
case so he might defend J. Samuel McCue.

* * *

G. BURNLEY SINCLAIR: G. Burnley Sinclair, associate counsel
for the defense, was born at Meadow Creek, Albemarle county, in April,
1870. His parent moved to Charlottesville in 1875.

Mr. Sinclair received his early education at the Charlottesville High
School Academy of this city. After graduating in 1889, he studied at
the University of Virginia one year and then decided to enter upon a
business career and went to Princeton, W. Va. He became in turn
stenographer, court reporter and bank cashier.


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In 1899 Mr. Sinclair determined to study law and entered the Southwestern
University in Tennessee and completed the course, taking the
Bachelor of Law degree. He then returned to Charlottesville and took
the summer law course at the University under Professors Lile and
Graves, and began the practice of his profession in partnership with Mr.
George Walker, whose sketch and photograph have previously appeared
in The Progress.

While living in Princeton Mr. Sinclair married Miss Nita McNutt,
daughter of Dr. Robert B. McNutt. They have no children.

Mr. Sinclair is an officer of the local B. P. O. Elks and a director in
several corporations in which he is interested. Since he began the
practice of law in this city his progress in his chosen life work has been
rapid. He is eagerly sought, especially as a criminal lawyer. He has
been connected with several important cases and has never failed to
display legal ability and oratorical powers. His address to a jury is
always convincing, his earnestness supplementing his other powers.
He is one of the most popular men of the town and of prepossessing
appearance and manners.

* * *

CAPT. RICHARD S. KER: Capt. Richard S. Ker of Staunton, Commonwealth's
Attorney of Augusta county and associate counsel for the
prosecution, was born in Staunton in 1866. His early education was obtained
at the Staunton Public Schools and at the Staunton Military
Academy. Afterward Mr. Ker entered Washington & Lee University,
and after completing his academic course at that institution, taught
school in Botetourt county, Va., and at Humboldt, Tenn. He was a
law student of the University of Virginia for two sessions, completing
his course in 1888. He has been in active practice in Staunton since
his graduation.

Captain Ker is serving his second term as prosecuting attorney of
Augusta county. He was elected in 1898 and re-elected in 1903. Captain
Ker has been a member of the law firm of Ker and Ker since January,
1897.

In May, 1889, Captain Ker married Miss Jessie S. McNeill of Staunton.
He is the father of three boys.

Of all the famous attorneys connected with the McCue case, Captain
Ker is one of the very best. He has a fine reputation in Staunton, Augusta
county and the State. One of the most noted cases in Virginia—that
against Kennedy for train wrecking—was conducted by him for the
Commonwealth, and the accused was convicted.

He is a man of very fine address, handsome and of prepossessing


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appearance, unusually genial in manner and a thorough gentleman. He
is an orator of no mean ability, very quiet but shrewd and has a convincing
manner in his presentation of a case to the jury.

* * *

GEORGE E. WALKER: George Edward Walker, one of the attorneys
for the defense, whose likeness is given above, is thirty years old. He
was born in Charlottesville on October 20, 1874. His parents are Mr.
J. Frost Walker and Mrs. Nannie V. Walker, both of whom are now
living at Columbia, S. C.

Mr. Walker was raised in Columbia and attended the schools of that
city. He came to Charlottesville in 1889 to attend Major Horace Jones'
School. After three sessions at that fine institution, he entered the University
of Virginia Academic department in the fall of 1892 and continued
his course for two years. He then took a year's course in the
University Law School.

After leaving the University Mr. Walker studied law in Mr. John
B. Moons' office until 1897 when he began practice. In 1901 he entered
partnership with Mr. G. Burnley Sinclair, and has, with his partner,
enjoyed a very lucrative practice. He was a member of the City
Council which went out of office last September and did good and faithful
work for the people of the First Ward, declining renomination.
He is chairman of the City Democratic Committee.

In November, 1897 Mr. Walker married Miss Annie Watson of this
city. He had one child—George E. Walker, Jr.

Mr. Walker is a member of several secret societies, notably the Elks,
of which he is treasurer. He is a man of great popularity, of excellent
talents and a decided credit to the Albemarle and Charlottesville bar.

* * *

EDWARD O. M'CUE: Edward O. McCue, brother of the accused and
associate counsel for the defense, was born in Albemarle county in
1876. His early education was received from his uncle, John W.
McCue, of Greenwood. Later he attended the public schools, the University
High School, conducted by Boaz and Levett; and the Greenwood
Academy for four sessions.

Mr. McCue entered the University of Virginia and for two and one-half
years he studied law. He obtained his license in 1897 and began
practice in the spring of 1898 in this city.

He was elected justice of Charlottesville in 1902 and re-elected in
1904. It is no exaggeration to say that there has never been a better
administrator of justice in any petty court than Justice McCue. Even
the people whom he convicts love him for his moderation and just
findings.


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During the trial of J. S. McCue for wife-murder, his brother was untiring
in his fidelity, brotherly love and earnest effort on the accused's
behalf. No man could have done more than Edward O. McCue has
done and the people of Charlottesville and Albemarle honor and respect
him for his loyalty to his blood relative.

* * *

J. TINSLEY COLEMAN: J. Tinsley Coleman, counsel for defense,
was born in Nelson county about 45 years ago. He was educated at
Norwood High School, the Virginia Polytechnic Institute and the University
of Virginia.

After leaving the University he began the practice of law at Nelson
and soon afterwards formed a partnership with G. E. Caskie.

About ten years ago the firm of Caskie & Coleman moved to Lynchburg.

The subject of this sketch has been engaged in one side or the other
of most of the more important cases in and around Lynchburg since
moving there. Among them the Bedford City Bank cases; the cases
growing out of the failure of the Traders' Bank in Lynchburg; the cases
in which the estate of Indiana Fletcher Williams and Sweetbriar Institute
were involved; and the Jones will case. He has also appeared more
than once before the Inter-State Commerce Commission.

Mr. Coleman's professional career, and that of J. L. Lee, one of his
associates in the McCue case, have progressed along lines singularly
parallel. They both moved to Lynchburg from nearby county seats
at the same time and in all the cases mentioned and many others have
been associated together.

C. W. ROGERS: City Sergeant, C. W. Rogers, who gained the nickname
of "Foxy" during his efforts to secure a venire of sixteen men
from four cities of the State, was born in Halifax county on July 17,
1852. He moved with his parents to North Carolina in 1866 and returned
to Virginia (Albemarle county) in 1873.

Mr. Rogers came to Charlottesville in 1888 as deputy county treasurer
and remained in that position until the death of the treasurer, Captain
A. J. Farish, in January, 1892. He was also in the treasurer's office with
J. R. Wingfield, who succeeded Captain Farish. He was the first auditor
elected in the city of Charlottesville.

Mr. Rogers was elected to his present office in 1894, and has been
elected to that office at each succeeding election.

The popularity of the genial sergeant is partly shown by the fact
that he is a Past Master of No. 60, A. F. & A. M., Past High Priest of
Keystone Royal Arch Chapter, No. 58, and Past Eminent Commander
of the Charlottesville Commandery No. 3, Knights Templars. He is also


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a member of Mystic Shrine, Acca Temple, Richmond, and a member of
B. P. O. Elks, No. 389, Charlottesville.

There is no man who made a better impression on outside citizens
during the noted McCue case than Mr. Rogers. His method of summoning
venire-men gained him friends even from those who desired to be
excused. His courtesy to newspaper men, to two of whom he surrendered
his desk in the courtroom, endeared him to them. His hospitality
to the attorneys on both sides and to the court stenographers
was unexcelled, and his faithful performance of duty gained him a
warmer place in the hearts of Charlottesville voters.

* * *

The other officers of the court were R. W. Duke, clerk; W. L. Maupin,
deputy clerk; Nathaniel Martin, jailor; O. M. Wood, L. W. Noel, B. E.
Jeffries and A. H. Dudley, deputy sergeants.

The following newspaper men reported the trial: H. J. Mock, of the
Associated Press; R. D. Stewart, of Baltimore Sun; B. L. Hawkins, of
Washington Post; Evan R. Chesterman, of Richmond News Leader;
Joseph F. Geisinger, of Richmond Times-Dispatch; J. H. Lindsay and
W. C. Scott, Jr., of the Charlottesville Progress.

Both the Western Union and the Postal Telegraph Companies kept
bicycle runners at the courthouse throughout the trial to handle the
mass of telegraphic matter sent off to the various newspapers of the
country.

Messrs. George L. Hart and J. H. Morris, well known court stenographers
of Roanoke, Va., took down each day's evidence, furnishing
to the counsel on both sides a complete typewritten copy of the same on
the following morning.



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illustration

E. O. McCUE,
Of Counsel for Defense, Who Did Not Participate in Argument.