Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-27
CLUVERTUS UP AGAIN.
NEW NOTION FOR NEW TRIAL.

savage Aubi Asasdsned- Mellon for New
trial sisde sn Anssher psint and over
ruled.
Last Saturday counsel for defence
submitted to the Court the DRAFT oil an
affidavit which they were informed Mr.
johnson, night clerk at Ford's Hotel,
would swear to upon the subject Of
newly-discoyered evidence. The wit
ness of whom Mr.. johnson spoke was
Savage. Savage has recently stated
that he never saw Cluverius in his Life,
and was not in Richmond on the night
Of the murder; but Judge Atkins
having appointed yesterday to hear
the motion as to this evidence,
the prisoner was brought up
from isil about III o'clock. The
crowd waiting to see him as he pass
ed into the court was far smaller than
what it was when the trial was going
on. Prisoner looked hollow-eyed and
thin. He is steadily if not rapidly de-
clining in flesh under the combined effects
of Imprisonment and care. His nerves
seem as strong as ever ; but as he is a
small man, and in court sits in quite
large armchair, he is able to give him
self steadiness that he might not
otherwise have. In court, too, he sum
mons to his face the most pleasant ex-
preston he can command.
MAKES ANOTHER AFFIDAVIT.
Prisoner sat in court all alone for an
hour yesterday. lie had his eyes for
most of the time fixed on the ceiling.
Nearly all the people in the courtroom
had their eyes on him. 1t is as fasci-
mating as puzzle to look into his face.
People who once begin it, given the op-
portunities, will follow ithour by hour.
There he sat by himself from III to IL.
His brother was not at hand. His
father and mother and aunt are down
the country, and counsel were in the
Judges room. At IL O'Clock Mr..
Beverley Crump appeared in court, went
up to prisoner, laid a paper be-
fore him, and went off. Prisoner took
his eyes off the distant ceiling, and
placed them on the paper. lie read 1t
over without change of countenance.
Bv the time that was done, Mr.. Walter
Christian, deputy clerk of the court
and notary public, came in, and pri-
soner made affidavit to the statements
in the paper. Next the Judge went on
the bench and counsel to their seats.
Mr.. Meredith was present for the Com
monwealth. Messrs. W. W. and B. L.
Crump and A. Brown Evans were
present for the defence. Colonel Aylett
was down the country. He has i'm
portant business there claiming his at
tention, and knows that the case is
safe in the hands Of Mr.. Meredith.
NEwLY-DIsCOvERED EVIDENCE.
Mr.. Evans, addressing his Honor,
said that they had no motion to make
predicated upon the affidavits mentioned
last Saturday for reasons that have
been made public through the press
They, however, had motion to make
on the ground Of newly-discoyered evil
dence, and in explanation he read the
affidavit of the prisoner, setting fortt
that since the trial it had come to theiI
knowledge that DR.. Joseph X. Garlicl
could prove an important fact.
DIR. GARLICK's AFFIDAVIT.
Next Mr.. Evans read DR.. Garlick'
affidavit as follows
State Of Vrginia-Cayo Richmond
to-ph:
This day Joseph R. Garlick person
ally appeared before the undersigned
a notary public in and for the city o
Richmond, in the State of Virginia, AM
made oath that he is a citizen of tn
county of King and Queen, and tn
principal of Burlington Female Insti
tute, in said county; that he knew wei
F. /. Madison, the person whose dea'
body, it is said, was found in the Oh
reservoir, in the city of Richmond, ol
the morning of the l4th of March, 1885
that she was a pupil at tn
aforesaid institute during the ses
sion of 1SS0-'8l; that during sal
session the said F. L. Madison, in tn
discharge of her school duties an
otherwise, had to write composition
and letters and other exercises, all
which said writings were submitted t
him, the said affiant, for his inspectio
and correction that the said F. |
Madison, since she left the said inst
tute, has written to different member
Of atlantis family, himself included
which letters, for the most part, he ha
seen that he has in his possession
letter to himself. written from Millboro
Springs October %, 1884, by said F. |
Madison.
That he, the said affiant, has had e,
hibited to him this day the note ths
was introduced as evidence for the Con
monwealth in the trial Of 7. j. CluvC
rius, and is said to have been found
the waste-basket or box at the Amer
can Hotel on the - day of Marcf
1885, and the envelope in which tn
said note was contained at the time
was exhibited to him this day for th
purpose of ascertaining from hil
whether the said note and the supel
scription on said envelope were in ii
handwriting of the said F. L. Madison
He has no question Of the fact thu
the note is in her handwring
that his conviction is positi'
that the handwriting on IL
envelope is not that Of F. l.. Madison
and that this conviction is founde
upon his intimate knowledge Of Il
handwriting Of F. L. Madison, a
quired as heretofore stated and b
comparison of said superscription wit
the writings Of +. L. Madison now
possession Of the affiant.
JOSEPH X. GARLICK.
Subscribed and sworn to by said j
seph X. Garlick before me this 26t
, day Of June, 1885.
WALTER CHRISTIAN,
Notary Public.