Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-06-25
CLUYERIUS SENTENCED.

The hearing of argument on bills OF eX-
ception by the prisoners counsel in the case
of T. J. Cluverius for the murder of Fannie
Lillian Madison, having been adjourned in
the Hastings Court at Richmond from the
18th until last Friday, on that day the court
room was packed with as large crowd as
was seen there at any time during the four
while hundreds of people filled the corridors
and the street in the immediate vicinity.
The cause of this gathering was the eXpec-
tatiOn that the death sentence would be
pronounced on Cluverius and that it had
been intimated that he would make some
statement. The prisoner was brought into
Court and occupied seat behind the bar
with his counsel. He appeared calm and
self-possessed and while the clerk was read
ing the minutes of the previous days pro-
ceedings, he carried on Il whispered conver-
of opening the Court be concluded, Mr..
Crump, of prisoners coul .sel, stated to the
Court that the preparation of bills of excep-
tions had not yet been completed and asked
that q further postment be ordered until
next day. The commemorative attorney,
Mr.. Meredith, opposed delaying action in
asmuch as the matter of preparing bills OF
exception would not be interferred with.
Judge Atkins concurred with Mr.. Mere
dith and decided to proceed. Clerk Law.
ton then told the prisoner to stand up, and
propounded the usual questions as to Wheth-
er he had any thing to say why sentence OF
death should not be pronounced against
him. The prisoner Gn low and rather
husky voice. addressing the Court said:
II will say, sir, that you are pronouncing
sentence on an innocent man. That is all
have to say, sir"
Judge Atkins proceeded then to pass SEN
tence briefly but impressively, fixing the
time of the execution on November II, next.
The prisoner stood unmoved, without man.
ifesting the least emotion, and when the
Judge concluded took his seat quietly. The
Court was then adjourned and the condemn
ed man was taken back to Jail where he
was locked up in the murderer's cell, there
to remain until the day of execution or un-
til granted new trial by the Supreme
Court, which will meet in Richmond on the
2nd of November. Judge Atkins so fixed
the time of the execution as to give the
prisoner an opportunity to get the decision
of the Supreme Court before that time ar
rived.
On Saturday the case came up uneXpect-
edly again in the Hastings Court on state
ment of the prisoners counsel that since
sentence had been passed upon the accused
important evidence had come light which
tended to prove an alibi. When the prls-.
oner was brought into Court his counsel
read an affidavit of Johnston, the night
clerk at Ford's Hotel, in Richmond, which
stated that on Friday last, the date that SEN
tence was passed on Cluverius, j. d. Saw
age, of Clifton Forge, met him, and in con-
versation upon the Cluverius case stated that
he, Savage, was standing in the office OF
Ford's Hotel, on the evening of March l3,
the date of the murder, and he saw young
man enter and look over the register. At
ter doing so he heard him inquire of the
clerk the time of the leaving Of the train
for West Point in the morning; that shortly
after the said Savage left the hotel and
went to the Dime Museum where he saw,
at twenty minutes past eight o'clock, the
same young man he had previously seen at
Ford's Hotel, and that during the trial ne
saw photographs and cuts of Cluverius and
recognized them as the likeness of the same
person whom he had seen at Ford's Hotel
and the Dime Museum on the night of
March 13. Savage said that the young man
so recognized did not leave the Dime Mu-
scum until 1O2O o'clock that night. Savage
stated further that he had been engaged at
Clifton Forge since March 16 as night clerk
of the hotel there, and came to Richmond
Friday on business. =.
This was the substance of the affidavit
read by the prisoners counsel, but it was
not signed by Johnston, and the Court said
that in its present form it was merely hear
say evidence. He, therefore, set next Fri
day for hearing a motion for new trial..
Information has been received by the
Commonwealth's attorney that Savage was
at Clifton Forge from the 1st of March to
the present time, and consequently was not
in the city on the 18th Of March as set forth
in Johnson's affidavit.