Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1885-06-10
CLUvERIUS CONVICTED.
IN THE FIRST DEGREE.


trial in Richmond of Thos. J. Cluverius,
charged with the murder of Fannie Lillian
Madison, was concluded last Thursday
night. The argument, which was Of
marked ability, consumed four days. The
first speaker was Col. Aylett, who assisted
in the prosecution, who was followed by
A. Brown Evans, II. R. Pollard, Beverley
Crump, and Judge W. W. Crump in the
defense, and the concluding speaker was
Charles V. Meredith, who acted as Com
monwealth's Attorney in the place of S. B.
Witt, Commonwealth Attorney, who de-
clined in consequence of being relative Of
the prisoner. After speaking nine hours,
Mr.. Meredith concluded at $50, P. NJ, on
last Thursday, when the case was given to
the jury.
The courtroom was more densely
thronged than at any time since the COM
mencement of the trial An immense crowd
filled the hallway of the building, and the
street outside the court was almost impass-
able.
At 9:25 o'clock City Sergeant Lee in a
low tone informed Judge Atkins that the
jury had agreed, and were preparing their
verdict. This was soon known throughout
the court room, and almost every eye was
turned on the prisoner, who was sitting
quietly in his usual place, near his counsel.
At $50 the jury filed into the courtroom
and took their seats. A deathly stiffness
pervaded the crowded room.
Clerk Lawton polled the jury, and then
put the question -
Gentlemen of the jury, have you agreed
upon verdict?"
Foreman Kepler replied that they had.
The prisoner was then told to stand up,
which he did, looking straight ahead and
seemingly unmoved.
Gentlemen of the jury, what say you
Is the prisoner guilty or not guilty of the
felony charged in the Indictment ?"
"Guilty," said Foreman Kepler.
The clerk then read the Indictment and
read the Endorsement thereon. eve, the
jury, find the prisoner guilty Of murder in
the first degree, as charged in the indict-
ment."
The prisoner sat down, but to all out
ward appearances was as unmoved as at
any time since his arrest.
When the verdict became known out
side, there was some clapping of hands and
few shouts, but this was soon quoted by
the police.
Judge Atkins asked the prisoners coun-
sci if they had any motion to make, but
Judge Crump requested that the court be
adjourned until next day, so that they
might have time to decide upon course of
action.
Mr.. Harrison, one of the jury, says that
until the vote was taken in the jury room
no one of the jurors knew how his assocl-
ates stood. But one vote was TAKEN and
on that every juror voted guilty
1t is conceded by several members of the
jury that the question of the ownership of
the watch key, which was considered one
of the most important points in the case,
did not seriously enter into their considera-
ton in reaching verdict.
AS soon as the court convened Friday
morning r. Evans, of counsel for the
prisoner, arose, and, addressing the court,
said: In the argument by my friend and
colleague, Mr.. Pollard, few days ago
some reference or criticism of the evidence
of DR.. Stratton was made which produced
feeling of unpleasantness on the part of
the witness referred to. He sought an in
terview and explanation from my friend
Mr.. Pollard, which was in my presence.
Mr.. Evans then explained that Mr. Pol.
lard had requested him in the event that
Mr.. Pollard was not present to make a
statement in court to the effect that Mr..
Pollard had no idea Of rejecting upon the
character of the witness CDR. Stratton).-
Mr.. Evans then referred to the fact that his
remarks about Col Aylett being 'thired
counsel were considered harsh, not by
Col. Aylett, however, but by persons who
had read the newspaper reports of the trial
Reference was made to the long acquain-
tance and friendship existing between the
speaker and Col. Aylett, and Mr.. Evans
very cautiously expressed willingness to
apologize for any words used by him that
were by any one considered unkind.
Col. Aylett said in reply that the long
friendship that had existed between him.
self and Mr.. Evans, and as well as the init
macy between them was such that he did
not in the least think that what Mr. Evans
said was intended to be offensive.
After these explanations had been made
Judge Crump arose and offered a motion
for new trial. No special grounds were
given.
Judge Atkins announced that he would
render decision Monday.
If new trial is refused the case will go
up to the Supreme Court, and in this event,
it will be several months at least before
that court will pass upon the rulings af the
court in which Cluverius was conu' -, -
The pris5ner was restless Thursday
night, aid it was past midnight before he
s'-pt at all.
Friday morning one of the prisoners at
the jail asked Cluverius what was the YER
dict. Cluverius replied as he smiled in his
peculiar way, ''Murder in the first de-
gree
A MOTION FOR NEW TRIAL OvERRULED-
ARREST OF JUDGMENT TILL NEXT TUES
DAY.
On the assembling of the court on Mon
day, Judge Atkins announced that he would
override the motion for a new trial made
on Friday.
Judge Crump replied, "Well, we will
prepare the bills of exception as soon as we
CAM
Clerk Lawton then said : ssThomas J.
Cluverius, stand up" Mr.. Lawton was
about to tell the prisoner that he had been
convicted of murder in the first degree. and
was going to ask if he had anything to say