Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1886-12-10

RUS. Juafe Atkins answer is as follows:
I'm repls' have to say that on the 10th
DAY of Juns, 1865. after overruling a mo-
zion for a new trial. and when passing
sentence upon the prisoner, made use Of
the following language: You have had
q fair and. Ijmay say, liberal trial; and
nnaAy the jlgy. in the faithful discharge
or their duty, have pronounced you guilty.
| ana that verd let has been approved by the
court. STRENGTHENED by the decision of
! the Supreme Court OF Appeals of Virginia,
entertain n0w the opinion then express.
cd, and knowg of no reason why the SEN
tence of the eOurt should not be carried
out"
| Mr.. Meredith wrote letter reviewing
! the Case. and, in conclusion, said:
Fully convinced of the prisoners guilt,
asked OF the jury conviction of murder
IN the first degree. ! have seen nothing
since to weaken that conviction. am,
therefore. forced to say that can see no
reason why bis sentence should be COM
mutedo
COULD NOT SWEAR He SAW CLUvERIUs
ON THE FATAL NIGHT.
| Mr.. B. W. Henley, from whom an aft.
| davit was obtained to the effect that he
! saw Cluverius at Moz art Hall the q; ht of
Lillian Madisons death, called upon the
Governor Monday afternoon, having been
requested so to do by Mr.. w. B. Cluveri-
| us, brother of the condemned man. The
Governor asked Mr.. Henley the direct
| question:
''Can you take solemn OATH before me
that you saw Thomas j. Cluverius, the
| prioner, at Mozart Hall the night of Lii
| liam Madison 3 death ?''
| TO this MIR. Henley replied:
"Whiie | have vague impression of
having seen him there cannot take a
, solemn oath that l saw him there
| Mr.. Henley further said that be did not
| intend the Statement he made to be an
| affidavit, and was not aware at the time
that the young man to whom the state
ment was made Was notary public.
LILLIAN MADIsoN's MOTHER PRAYs THE
GOVERNOR NOT TO SPARE CLUvE-
| The following Was received by Coy. Lee
| Monday. from Mrs. Madison, moth; of
Lillian Madison:
"mANQuIN PosroFFIcE. Dec. 4, 1885,
My Dear GooernoT:
"Please, my dear Governor, let the law
take It's course with that wretch Cluveri-
| US who has caused a father, mother and
eight brothers and sisters to see so much
trouble Only If possible hasten all such
| on as quick as possible for the sake OF
| other poor mothers and innocent females
I Please, for the sake OF mother whose
heart and mind has been nearly craZed
| with grief and distress, let it [meaning the
| judgment of the court stay as it is, is the
| prayer of the mother he has caused so
much trouble. Much more, dear Cover
| mr., would say, but will leave it all to
nd f,1 orf Z
pray grant me this one petition, is the
prayer Of your humble and respect ul
| fellow creature,
'LUCINE T. MADISON"
THE GOVERNOR REFUSES TO INTERFERE
WITH THE SENTENCE OF THE COURTS.
The Governor Wednesday afternoon
sent letter to Judge Crump IN which he
declined to interfere with the judgment
| of the courts in the case of Thomas J.
Cluverius. who is under sentence of death
| for the murder of Fannie Lillian Madison.
The following is copy of the letter.
| COMMONWEALTH OF VIRGINIA, !
GOvERNOR's OFFICE,
| RICHMOND, VA December Z, 1885. J
To Judge ". ". Crump and Messrs II. Il.
| o.
| Cru7np, Counsel for Thomas j. Cluve-
| raots ]:
| GENrLEMEN:-I have the honor to say
that have given to your statements and
to the papers and petitions presented by
you, the prisoner and others. for the exer-
else of Execu i've clemency to Thomas j.
| CluverluS, the careful examination and
| cOnsiderate attention which their impor-
lance ard the distinguished character and
learning Of his counsel imperatively de-
| mapd.
| The prisoner came from the Judicial to
the Executive department of the Govern
ment marked guilty by judges and jury;
starting at that point, therefore, have
been diligently studying the record while
industriously seeking information and evil
| dence from all other sources, which might
conclusively prove to my mind that the
| verdict of the courts was an error and
that therefore the sentence pronounced by
| the Court of Hastings and affirmed by
| Virginia's highest court, must be set aside
| or committed. With an earnest desire to
| faithfully execute, without fear or favor,
the laws of the State impartially to all;
with the most profound sympathy for
| those upon whose hearts this blow must
fall; With clear conscience that am dis.
| charging my duty to the people OF my
State as God has given me strength to see
| it now write to inform you that have
not been able to reach a different conclu-
sion from that held by the courts, and,
| therefore, the case Of Thomas J. Cluve
RUS is not one III my opinion to call for
Executive Interference either by the exer,
else of the pardoning power or by commu-
| tatiOn OF sentence.
l am, gentlemen, with great respect,
Your obedient servant.
| FITzuIrGH LEE
RECEPTION OF THE NEWS BY THE PRIs-
ONER OF THE REJECTION OF HIS
PETITION.
On the receipt of the Governors letter
(about o'clock Judge Crump, accompa-
MED by his son, Mr.. beverley T. Clump,
at once went 10 the Jail to ADVISE the pris-
Oner Of his doom. Upon being admitted
into the room they told him of the Cover
nOr's decision and read the oficia letter.
CluveIlus received the announcement
without apparent emotion; but, later on,
as the terrible truth seemed TO dawn upon
him. he became very pale, and his fore
head was covered with beads of perspira-
ton. After remaining with the prisoner
tor alb Tut an hour the counsel left.
Soon after their departure several news
paper men called 10 Sc the prisoner. Al
the cell door they were m It By MIR. Dunn,
tue guard, and as lie opened the door To
notify the prisoner OF the reporters pres
ence d glimpse was lad of the man. He
Was slttlug In the Cell facing side wall,
thus giving mOmeutaIy view of bis Pro-
file, indicating certain druOplneSS OF fea-
| LuIes. He Was far from being cheerful
| looking, but when he saw several eyes up
on him he at once rallied and resumed,