Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-12
A JURY FOR CLUVERIUS.
ryyO OF SATURDAYS SELEC-
TIONS DISPENSED WITH.

Each of Them Shown TO Have Expressed
an Opinion on the Case-A Futile Effort
10 Increase the Panel to 24-The TAX
ing of Testimony to Begin To-day.
RICHMOND, VA, May 1.-THE trial OF
L. j. CIuverius for the murder OF FANNIE
Lillian Madison was resumed at IL
O'Clock this morning. The prisoner APP
peared in court seated by his counsel. DE
was neatly clad in dark gray SUIT ana
looked well. lie manifested ms
usual interest in the proceed
ings. His brother sat next to
hun. A deputy sergeant who had gone
to Alexandria for talesmen presented 10
the court a list of 30. Col. Aylett, OF
counsel for the prosecution, stated to the
conrt that il had come to his knowledge
that James L. Elliott, one OF the jurors,
had said since he had been accepted that
he thought the prisoner was guilty. lie
knew that fact Injured to the beneht OF
the Commonwealth, but the prosecution
made the same objection to him as 1t had
in other cases. Two witnesses testified
TO the fact stated by Col. Aylett.
ELLIOTT DENIES THE CHARGE.
Juror Elliott was questioned on the
subject. butdenied positively that be had
made use of the expression charged. Inc
court. however. discharged him and i'm
posed a fine of S25 for contempt IN dlsre-
garding the instructions Of the court. Az
the same time Judge Atkins told another
Juror A. S. Hooper, that he was also dis
charged. HOOper's discharge was the re-
suit OF information received by Judge
Atkins that he (Hooper), before being
summoned, had openly said that he
thought Cmverius ought to be hanged,
showing plainly that he had not only
formed but expressed a decided opinion.
The calling of the list of talesmen
from Alexandria was then proceeded
with and after about thirty names
had been called panel OF sixteen was
completed. a recess for an hour was then
taken to give the prisoners counsel time
to consult.
ASKING A PANEL OF "a.
The court reassembled at 2:15O'clock
when Mr.. Pollard the counsel for the de-
Tense, addressed the court to the effect that
after due consideration the defense had
come to the conclusion that under their
construction of the statue the panel of
the Jurors from which to select
the Jury to try the case should consist Of
a instead Of 16. he read the law
upon the subject and then sub
mtted the matter to the court for decis-
iOn. Judge Atkins, without hesitation,
said that it was only necessary to have
panel Of 16 qualified jurors from which to
select the Jury. and so ordered. The cOun-
sci for the defense reserved the point and
subsequently filed bill Of exceptions.
NAMES OF THE JURORS.
They then struck from the panel four
names. leaving the following twelve:
Henry Kepter, William H. Parker, John
P. Heath, William d. Trice. Carter Har-
rison and S. J. Davis from Richmond, and
Il. W. French, j. T. Sherwood, w. Their
rock. f. A. Howell, &. +. French and w.
II. P. Berkely from Alexandria. The
iury was then sworn and the clerk read
indictment. During the reading the
prisoner looked steadily at the clerk,
his eyes only at times falling TO
the desk in front of him where
sat the counsel for the prosecution. The
clerk then read the usual charge to the
jury.
Acting Commonwealth Attorney Mere
dith stated to the court that he did not
think that it would be right TO open the
case at that late hour, particularly as a
number Of the jurymen had had no Oppor-
tunity for rest, nor had they dined, and
he. therefore, suggested that the case go
over until tomorrow morning. 1t was so
ordered.