Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-06-02
CLOSING THE CLUvERIUs TRIAL.

CLOSING THE CLUVEhlUo lhthL
In the Cluverius trial yesterday, both
sides having announced that their testimony
was all in, Judge Atkins read the following
instructions to the jury:
l. Before the jury can convict accused
they must be satisfied from the evidence that
he Is guilty of the offence charged in the in
dirtment heyond reasonable doubt. 1t Is
not sufficient that they shall believe his
guilt probable only. No degree ofprohabll-
ity merely will authorize conviction, but
The evidence must be Of such u character
and tendency as to produce moral certain
ty of the prisoners guilt to the exclusion OF
reasonable doubt.
! 9 Each fact which is necessary In the
chain Of circumstances to establish the guilt
of the accused must be distinctly proved oy
competent legal evidence, and If the jury
have reasonable doubt as to any material
feet necessary to be proved in order to sup
port the hypothesis Of the prisoners g'll!tto
the exclusion Of every other reasonable ny
pothess they must find him not guilty.
3 IF the Jury are satisfied from the EVIL.
dence that the accused is guilty OF the Of
fence charged in the indictment beyond
reasonable doubt, and that no rational n.y.
pothesis can be proved or given upon ine
whole evidence in the cause consistent with
the Innocence of the accused and at the same
| tine consistent with The lacts proved: tney
} ought to find him guilty.
4 II is not essential to proof of guilt by
circumstantial evidence that the facts and
circumstances published, should produce in
the minds Of the jury An absolute and de.
. monstrative certainty, but it is sufficient If
they produce moral certainty of the Of
fence charged. to the exclusion Unreasonable
! doubt.
) 5. The law presumes the prisoner to be
ALWAYS innocent of the charge alleged against
him till he is proved TO be guilty, and the
burden rests upon the commonwealth to
prove the guilt of the accused beyond all
reasonable doubt No mere preponderance
!. of evidence will suffice as in the trial OF
. civil case nor is it enough that by conjec
! lure or speculation he may be supposed to
: be guilty. The jury must be satisfied by the
e evidence that he is guilty beyond reasonable
q dci3ht.
/ I6 If upon the whole evidence in the case
q the jury entertain reasonable DOUBT as to
whether the deceased came to her death by
" violence committed by herself or by the
~ 1nds of another, they must find the prison
10 or nc guilty. VIZ -
The summing up then began, Col. w. Il
rs Aylett orsning for the prosecution. be
as took the postion, first, that there had been
er a murder and. -econd, that the murder hac
been committed by the prisoner. The sui
tn eide theory had beenaxploded. The person
ts who was to blame for the crime was the
v man who ruined the victim. At the same
it time that he killed her, he kiied also his owl
If offspring. No one but The prfaner coule
on have a motive for the crime. Gu. AyleI
said that the defence had failed to tGp" !,
vii shadow over the character of the deceaEH
ST. Had he ever seen one tear or one sign
ey regret at the death of his playmate an
ar cousin on the part of the accused, he nigh
,e. possibly, have believed him gultless. III
is speaker then reviewed the testimony as
IAN the movements of Lillian and the prison'
et' on the 18th of March-bow both had bee
almost positively identified; then the NOV
the decooin OF se hyy s2ht e o. ds sn1
ew of the tracks Of man and woman in II
nd reservoir grounds, the finding Of the boo
rn of that same woman in the reservoir ne.
$3.50 morning the finding of the watch key, an
Iel the tracing of it as the property of Il
he prisoner The failure of the accused to q
III count for himself between the hours of an
~ u o'clock on the night Of March Is W.
"a "a commented upon forcibly by the speake
NC Col. ASlett's argument occupied FIVE hou
a a in delivery, during which time the cou
Nv room was densely tbronged His perorato
Nv was powerful and eloquent appeal to I'll
=. aI jury.
el Mr.. A. Brown Evans followed Col. Aylet
~ and opened the argument for the defenc
'!n He began by saying that the prisoner We
IN not to be convicted upon the eloquent argl
"a ment of the counsel for the prosecution
~ The jury were uuder oath to find verde
- founded upon The evidence. He referred I
ie the current Of prejudice against the prison
a. er which necesstated the sending to Ale1
-, ~ andria for citizens TO help to make mp jury
Ie Before going into the evidence the speake
~ gave an outline of the lives of the two pal
= ties in the tragedy.
e. At p. m. the court adjourned until te
ID day, when Mr.. Evans will resume his argu
'e ment.