Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-27

stall they might have gotten an ox-
pert and put him on the stand ; they
knew Of DR.. GarIick and could have
got him. None Of these things they
did. Therefore, the motion does not
come within therule. Further, Mr.. Mere
dith, by reciting part Of the testimony
claimed to have shown that it was plain
the party who wrote the note wrote
the address on the envelope. More
than that, her father identified the note
and the address as her handwriting.
Admitting DR.. Garlick's high character
and intelligence, Mr.. Meredith declared
that his mere conviction " could not
stand against such testimony. We
know that the note and address on
the envelope were written hurriedly
when she was excited probably, and
it is useless TO propose to compare
them with her copy-books and letters
written leisurely.
UNDER THE LAW.
Judge Crump said that as he under
stood the law, the evidence offered here
should be material it should be likely
TO produce different result, and it
should be newly discovered and have
been undiscoyerable by the exercise Of
ordinary diligence. All lthis he insisted
it was. II had never entered their
heads that DIR. Garlick could carry in
his mind the recollection Of her writing.
That fact only came to them through him
since the sentence. SO he thought they
would be acquitted of want of diligence.
Now, is it material? There could be
no doubt Of that, for the note purports
to put deceased and accused in direct
communication. He thought that in the
trial no one testified that it was her SUI
prescription.
Mr.. Meredith +: Mr. Madison did.
Judge Crump ] think not. i don't
remember it.
Mr.. Meredith; The report will
show.
Judge Crump Well, leave it to
the Court.
The Court: My recollection is that
Mr.. Madison identified the writing Oh
the envelope as we'll as the note.
But Judge Crump still insisted OF
the importance of the evidence offered,
and that new trial should be given.
Judge Atkins overruled the motion.
Judge Crump said that they saved
the point. Counsel then retired to
write out the bill Of exceptions.
The bills having been signed, about
2 P. NJ. the court adjourned.
POINTS.
The prisoner is in the habit Of being
shaved by Seventeenth-street barber.
who comes to the jail but day before
yesterday he asked the Sergeant to al
low him to get razor and shave him
self. The request was refused. Pri-
soners are not allowed to have razors
at any time.
Prisoner recently received a bouquet
from lady in WaynesborO', who sent
her name, and wished him well in his
application for new trial.
When Mr.. Evans on yesterday spoke
Of how witnesses identified prisoner
at the American Hotel, and when he
said that prisoner never had nous
tache and "could not grow one" pri-
soner laughed-an apparently hearty
and genuine laugh.
Prisoner remarked yesterday that
the crowd in attendance at court was
smaller than usual. He wondered il
the people had sufficiently satisfied
! their curiosity.
Mr.. Meredith in his brief speech yes
terday brought out the fact--admltted
by defence-that defence had at courI
before the trial was closed an expert
who examined both 1.-THE torn note y
and the address on the enyelop'
in which said note had been enclosed
This expert they did not put on the
stand. He insisted that this fact should
90 in the bill Of exceptions. Judge
Crump at first demurred then yielded
THE APPEAL.
Cluverius will next appear seyera
weeks hence in an application to some
Judge of the Supreme Court to gran
him writ of error and supersedeas t
the judgment Of the Hastings Court o
Richmond. He will get it almost as {
matter of course. That court icon
sisting Of Judges L. L. Lewis, b. W
Lacy, 7. T. Fauntleroy, d. A. Hinton
and r. A. Richardson) does not NEE
here until November 5th, and it ma,
be that this appeal will not be reached
for month or two afterwards ; but n
matter about that, the writ will sta.
the execution Of this sentence until tn
case is argued and decided.