Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-07-13
CLUVERIUS-THE CONVICTED.

To the editor of The Alexandria Gazette:
We have the authority of Bulwer for
saying "the very worst use man can be put
to is to hang him."
1t is a solemn thing to execute the law
upon q misguided and guilty fellow mortal,
under The death penalty, when fully proven
as charged, but when the proof is not clear
the law gives the accused the full benefit
Of reasonable doubt.
The question under consideration is one
not for the public to decide. but the court
as cCnstituted-judge and jury but a., in
this case, the local press before and during
the trial sought to shape public opinion, and
as you, very properly, have recently given
publicity 10 two opposite but earnest eX-
pressions Of opinion upon this subject, it
seems now to be fairly before the public for
comment.
While shall not attempt 10 discuss the
questions involved in detail but simply
wish to indicate my opinion regarding them,
will therefore say. l agree, upon the whole,
in the remarks, as published, by "CiLi2an'
and as far as my knowledge goes this is the
general sentiment ina.much as the charges
have rot been proven, the sentence under
the verdict ought not to be executed
up0u the accused a. the case now
sands The public should feel rs much
Iuncern in seeing the innocent acquitted
Qs to See the gUilty condemned. We
should not forget the noble aud immor-
tai utterance of Julian, one Of the wisest
aud hest of the Roman emperors, over 100
years past, sentiment worthy of Imitation
i'm all ages by all civilized communities. It.
WAS just rebuke TO his too ardent, but less
human, prosecuting attorney, as set forth
by Gibhon, viz: WHO will ever he found
guilty. exclaimed the vehement Delphidus,
'ifit he enough to deny?" "And who" re-
piled Julian, will ever be found innocent if
it be sufficient to affirm ~ Hero is the Gu
verius case in nut shell. Julian required
that The accused should have the right to
plead mot guilty." which threw the onus
propuadi on his ac,llsers, upon the ground
that all men are held to be innocent Until
proved to be guilty, and that the accused
Snail always have the full benefit of reason
able doubt. This is all the public, pre-
sumo. asks in this case. The verdict Of the
Jury, | doubt not, was conscientious!y given,
though it appeared to have been rendered
strictly in accordance TO outside intlu
ences, just as mems minds were by the
same means biased hundreds Of miles away.
Every man who cried out guilty" be-
fore the trial was through with got his
impressions u,o'iy from what ne has READ. re-
garding it, in the Richmond pap2rs, and sill.
holds to them-ths is anitB Obvious. No one, l
presume, would raise his little finger to save
the accused if reliable proof, clear and direct can
he had of his guilt rs charged, yet his case should
not have hccn pre.iudeed nor sentiment fore
st lied By unfriendly comments, before, and dur
during the trial, which was I'M u5t to the accused
and public misleading to tho Jury and the public,
disappointing L fair trial.
Your Markham" correspondent says Cluve'
rius mouth is go shaped it at times looks like he
wore moustachc. ana at others not. COnid any.
thing be more uncertain aud ndistnct, and I
might say, but for the gravity of the subject
childish aud ridiculous than all this in case Of
life and death nor does this case depend upon
any othcr--ir rests upon its own special facts and
evidence and in no wise upon other cases or tho
rcmissness of other jurics, The law, nor public
Justice demands no such exam pie nor common
average of convictions aud executions blindy for
the supposed public good us the above writer
seems to think
few years past Virginia judge was heard to
remark promptly and rather severely. it was
tEought, 10 n lawyer who wal conducting crtm'.
nat case at bar, and was urging the jury to render
a verdict as indicated by him which would he
said be in accordance with the sentiment of the
community. The presiding Judge interrupting.
said: "Mr. VS., | am sorry you made that last
remark and hope never to see p jury
that will be influenced in their decision by any
outside sentiment whatever" Whereupon the
lawyer apoogiZed and took back his words. How
different it seemed to be in the late Richmond trial.
FAIRPLAY.
"Watertauk Station Fauquicr co. Va. July ~.