Savannah morning news. [volume] (Savannah) 1868-1887, 1885-06-02
CLOSING CLUVERIUS' CASE
PROSECUTION AND DEFENSE
DEEP IN THE ARGUMENT.

y
RICHMOND, June This was the
twenty-third day of the Cluverius murder
trial. The proceedings were begun by
the introduction of Augustus Diggs, head
waiter at the American Hotel, who testi-
fed TO having seen the occupant of room
/ No. II three times on March 13 at about
, O'Clock in the afternoon, when he seated
her at dinner, at O'Clock in the evening
when she was going out of the hotel, and
at $3.50 O'Clock, when she came up the
hotel steps with a man about 40 years
old and went with him to the parlor
Hon. H. W. Flournoy, Secretary of the
/ Commonwealth, and DIR. f.. Courtney
were examined as to the distance between
the American Hotel and the nail works
on Belle Isle, and the length of time it
would take a couple to walk it. DR..
/ Courtney also testified that be saw the
two miles from King William Court
House.
Edgar Montague testified to seeing the
| prisoner on the same occasion. The last
/ two witnesses were introduced in Tebuttal
/ Of evidence of the prosecution, that on
Feb. % the prisoner was at King William
Court House.
ALL THE TESTIMONY IN.
Both sides having announced that their
| testimony was all in, the jury was taken
out and Judge Atkins read the instruc-
tiOns which he had decided to give to the
jury. They consist OF the instructions
given in the famous case of Jeter Phil
! lips, who was hanged here for wife murder
ID years ago, together with an additional
instruction OF his own. The defense made
some objection 10 two of the instructions,
and asked tor notifications, but the court
decided that no change was necessary.
The defense objected TO the ruling. The
jury was then brought in and the instruc-
tiOns We're read.
The summing up then began, Col. W. r.
Aylett opening for the prosecution.
AYLETT's ATTACK ON CLUYERIUs.
Col. Aylett read the instructions of the
court and commented upon them. He
then took the position, first, that there
had been murder, and, second, that the
murder had been committed by the pris-
oner. All the other propositions, he said,
would be based on these two points. The
suicide theory had been dwelt on at length
and exploded. Lillian NJ adisOn was muir
| dered, he said, and every circumstance
brought out pointed TO the prisoner as her
murderer. The person who was to blame
| f0f the crime was the man who ruined
/ his victim. At the same time that he
killed her he killed also his owa offspring
/ There were several motives for the crime.
No one but the prisoner could have mo-
tive.
THE PRISONERS JACK OF GRIEF.
Col. Aylett then went over the testi-
mOny in de all, commenting upon each
point TO show the prisoners connection
with the crime. He went over the history
of Lillian's movements before ard after
leaving ner fathers house, and of her in
innate relations with the accused, and
SAID that the defense had failed in every
effort to throw a shadow over the charac-
ter of the deceased. Had he ever seen one
tear or one sign of regret at the death Of
his playmate and cousin on the part of
the accused he might possibly have be-
lleved him guiltless. The speaker then
reviewed the testimony as to the move
meuts Of Lillian and the prisoner on
March 13 as shown by the unbroken chain
of evidence of the Belle Isle en-
plOyes, how both had been al
most positively identified, then the
movements Of both at the American
Hotel during the day and night and when
they had got on and off the street car,
lastly when seen going up Reservoir
street in the direction Of the reservoir, the
discovery Of tracks Of a man and woman
in the reservoir grounds, the finding Of the
body Of that same woman in the reservoir
the next morning, ana the chain OF evil
dence In that direction, was complete.
THE BIRTH OF THE SUSPICION.
Subsequent events were carefully ex-
planned by Col. Aylett, the arousing Of
the suspicion against the accused by the
finding of a torn note at the American
Hotel, his arrest, the finding Of the fatal
watch key and the tracing of it as the
property of the prisoner, and the efforts
of the accused 10 avert suspicion bv hav-
ing the deceased write letters dated March
IA, the day after her death, 50 that
it might be shown that he was in King
and Queen county at that time, which
effort, but for the drawing OF the water
from the reservoir, would have been sue
cessful. Many other equally telling
points were made by the speaker, and he
gave them their full force by most power
fuI and emphatic language.
FAILURE TO PROVE AN ALIBI.
The failure Of the accused TO account
for himself on the night Of March 13, be-
tween the hours OF 3 and II O'clock, was
commented upon forcibly by the speaker
The accused could account for himself on
other occasions, but for this night of all
nights he had failed signally and most
damagingly, nor had he accounted for
himself for any part Of that fatal day
located him at certain cOnvictlng
places. Col. Aylett's opening occupied
live hours in delivery, during which 0me
the court room was densely thr0nged
His perOraton was powerful and el0-
quent appeal 10 the jury % mete out such
justice o. the accused as he deserved as
the murderer Of bis dishonored Victim and
his unborn offspring.
ARGUMENT or THE DEFENSE.
A. Brown Evans followed Col. Aylett
and opened the argument for the defense.
He began by saying that IL was subject
OF cOngratulation % himself and the
prisoner that the latter was not 20 be con-
Yicted upon the eloquent argument OF the
council for the prosecution. The jury
were under oath TO hear the evidence, con-
slider il and find verdict founded upon
the evidence. He referred 10 the curront
OF prejudice against the prisoner
which swept through Richmond.
and necessitatel sending to Alexandria
for citizens 10 help make up tho jury 20
try the prisoner. Mr.. Evans then read
the instructions Of the court and explain
ed the law governing the case. Before
going into the evidence the speaker gave
an outline Of the lives Of the two parties
In the tragedy, the prisoner and the de-
ceased. AT O'Clock the court adjourned
till tomorrow, when Mr.. Evans will re-
sumo his argument
THE INSTRUCTIONS.