Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-04-03
THE CASE CLOSED.
ARGUMENT OF JUDGE cRUMP BEFORE
THE SUPREME COURT YESTERDAY.
Cluverirs's Application for New Trial
Now with the Court, Which Will
Give It's Opinion Some
Weeks Hence.

Weeks Hence.
In the Supreme Court Of Appeals
yesterday morning MIR. G. V. Mere
dith, of counsel for the prisoner Clu-
yerius. concluded his srgument-and a
very able one it was--and was followed
by Judge Crump, of counsel for the
prisoner. Judge Crump said that he need
scarcely remind their Honors that the
first question in a murder trial is
whether a murder has been committed.
Death, and death by violence, should
first be clearly established before any
man is convicted. There must be abso-
lutte proof, not speculative theories. 1t
should be solid proof-solid as the
eternal hills--before the question Of
guilty agency can arise. Now, where is
the evidence that this unhappy woman
did not commit suicide?
Here Judge Crump described the de-
ceased's wounds: =" No stabs Of steel.
no wound Of shot, no broken limb, no
bruised body"
DIR. TAYLOR's TESTIMONY.
Judge Crump then went on to exam
inc the testimony of DR.. Taylor, show
ing that all but one Of the wounds were
very trivial indeed that as to this one
it might have been made by one Of seve-
raj ways before or after death. Said
the Doctor, whom he quoted " see
nothing to justify me in the conclusion
that the woman was murdered. 1t is
as probable that she drowned herself as
that she was murdered. | would as
cribe her death to drowning preceded,
perhaps, by partial insensibility." And
yet your Honors have heard this case
argued just as if it was proceed that in
sensibility was caused by a blow, and
that in that condition she was thrown
into the water.
Judge Crump declared that this case
has been tried at every stage with the
most utter disregard of the facts Of
the record. For himself he pledged
the court that he would stick to the
record.
Judge Hinton That is what ] want.
Judge Crump who did not catch the
expression; What did your Honor
say:
Judge Hinton: | said ! wanted to
hear you quote the record as you 90 on
stating the facts.
WAS THERE MURDER?
On this point Judge Crump's position
was as follows:
In this case the medical opinion
leaves the question Of suicide or mur-
der "m equliJrio." There is. there
fore, no sufficient legal proof that
murder has been committed al all. No
c,ime has been established. For aught
that appears, the accused has been SEN
fenced to death for a murder which was
never perpetIated by any one. The
only medical expert produced by
the Commonwealth declares that
thorough inspection and autopsy
enables him to say that it
is as probable that the deceased took
her own life as that it was taken by an
other. That opinion ought to settle
this case. 1t is impossible to read the
summary Of medical facts disclosed by
the autopsy and TAIL to see that her
death was not by violence from the
hands Of another. The injuries were OF
the most trivial character" sort OF
knot or swelling on her forehead count
ing the entire eiiusion, about one and
half inches in diameter; there was no
abrasion of the skin, no discolOratiOn !;
was very slightly raised above the sur
face Of the skin, rounded and smooth,
with 10 indication Of how it had been
done" The Doctor was not absolutely
certain whether this little knot wa,
made by a direct or glancing
blow. This was the only mark OF
rioleEce upon her person. DR.. Taylor
further states q" There were two trivial
little scrapings on the right eyelid,
scarcely worth noticing. Just above
the nose another Of these little scrapes,
or scratches ; just above the eye an
other, and above that another one
five in ell. The left half of the lower
lip was very slightly bruised" These
were all the indications of violence
upon the surface of the body. Upon
opening the head the Doctor found "a
slight ehusiOn Of blood, or deep red
staining, on the surface Of the brain,
altogether about % inches, irIegu-
larly due to the breaking Of some
little blood vessel in that part
of the brain This efusiOn
might be caused, he said, by three
things, counter stroke, -" dro owning"
or blow on surface OF skull Just over
The eGlsIon," leaving no mark on sur
face. How long the body had been in
the water, the Doctor could not say, ex-
cept at least six hours. This would
show her death at / o'clock in the morn
ing; but to implicate the accused the
time has been aute.dated six additional
hours. This was all the autopsy re-
yealed. From this statement, supple
men,ed by some loose circumstantial
proof, the other side holds that it is
proven that the deceased received a
blow over the eye which rendered her
Just sufficiently inSensible to suppress
her screams and powerless to resist the
attempt which was successfully made,
as they argue, 10 raise and lift her over
fence three feet four inches high and
to rest her feet on the reservoir embank-
ment, and then to be thrown into the
re eryoir and drowned.
THE ELEMENTS.
Replying to certain remarks made by
Colonel Aylett, Judge Crump sad
at has been said that the earth, air,
and water testify against the prisoner
/ don't know whether IRE was men,
toned or not. Perhaps that was re-
served for the final end"
Judge Crump argued at length in sd-