Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1886-05-12
THE CASE OF CLUvERIUS.
THE COURT OF APPEALS AFFIRMs THE DE-
CIsIoN OF THE HUsTINGs COURT.


The decision of the Court of Appeals in
the case Of Cluverius, convicted of the muir
der of Lillian Madison, was rendered last
Thursday, affirming the decision of the
Hastings Court, in which he was found
guilty and sentenced to be hanged.
The opinion of the Court was delivered
by Judge Fauntleroy, which was very long,
consuming about two hours in its reading.
1t closed by sustaining the lower court
in each and every particular. Every bill
of exception was dismissed, and the action
of the Hastings Court affirmed in toto.
Judge Fauntleroy said that the appellate
court sees no reason why they should over
rule or reverse the decision of the court in
which this case originated, and is of opin-
ion that Thomas J. Cluverius should an
swer with his life for the foul crime by him
committed. 1t is therefore ordered that
the case be not remanded for further hear
ing, but that the verdict of the Hastings
Court of the city of Richmond be affirmed
Judge Lacy stated that while he concur
red in the general results of the opinion
he did not agree with the opinion itself.
Judge Hinton dissented entirely, both
in the opinion and the general results. He
stated that the corpus deficit had not been
proven; that the admission of the Curtis
letter was entirely wrong, and that from
the Introduction of that letter had sprung
other matters in relation to the trial which
warranted him in dissenting, and that he
would write out his opinion and have it en-
tered of record.
Judge Lewis stated that Judge Richard
son was absent on account of indisposition,
but that he concurred in the general re-
suits, but not in the opinion.
The only hope, and that must be faint
one, that Cluverius can now have to save
him from hanging, is in Executive clemen-
cy. He committed the worst crime ever
committed in this State, and deserves a
worse punishment than hanging.
The process leading to the final result is
as follows:-Cluverius has been put in the
solitary cell at the city Jail with guard to
prevent his doing any harm to himself
When the Judge of the Hastings Court is
served with copy of the mandate of the
Supreme Court of Appeals remanding the
case to him for judgment on previous find
ings by that court, he will direct Sergeant
Newton M. Lee to arraign the prisoner for
re-sentence. 1t is usual to allow a month s
time to any condemned, so the fiat of the
law would not probably be executed before
June % or July 6. Sentence will be ex-
ecuted by City Sergeant Lee, assisted by
Deputy Sergeant Isador Lovenstein and the
jailer and his assistant. The rope for the
occasion will be ordered from Baltimore
In later times, to prevent their breaking
under sudden strain, several strands of cop
per wire are woven in them, each strand of
which is capable Of holding up dead
weight of 600 pounds.
LATER.-On Friday. the counsel for T. J..
Cluverius submitted motion to the Court
of Appeals for re-hearing of his case. A
hearing of this motion was continued until
| Sept. 10th, when the Court meets at Staun-
| ton. The motion is a mere formality, and
unless one of the four judges who concurred
in the opinion rendered Thursday expresses
desire to reopen the case, it will not be
granted. The course adopted by the DOOM
| ed mans counsel is not usual in murder
cases. 1t seems to be understood that it is
merely to delay the execution of the judg-
ment of the court below. 1t is probable
| now that Cluverius will not be executed
until the latter part of this year. Cluverius
is kept in close confinement, and a guard
is placed in the cell with him.
This is a striking illustration of the evil
of the claws delay"