Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-30
CLUvERIUS'S CASE.
BEFORE THE SUPREME
COURT OF APPEALS YESTERDAY.
Mr.. Bev. Crump Occupies the Day in the
Opening speech for the Plaintiff in
Error, the Prisoner.

Error, the Prisoner.
The case of Thomas Judson Cluve-
rius against the Commonwealth on APP
peal from the judgment OF the Hastings
Court OF Richmond sentencing him to
be hanged for the murder Of Fannie
Lillian Madison was called for argu-
ment in the Supreme Court Of Appeals
yesterday about l2 O'Clock. All five
judges we're on the bench--viz., l.. l..
Lewis (president), b. w. Lacy, T. 7.
Fauntleroy, X. A. Richardson, and d.
A. Hinton.
THE BENCH"
The bench on which the members Of
the court sit consists Of comfortable I
arm-chairs placed on platform at the
east end Of the room, while before them
is a desk in common about three feet
broad by fifteen feet long. The clerks
desk is enclosed by railing which
serves the double purpose Of protecting
that officer from unnecessary intrusion
and keeps the members Of the bar at
least six or eight feet distant from the
Colst. IT, 'isn.-. = al impro o.
ment introduced by the present Court.
In the days of the old court, Judge
Moncure being hard Of hearing, the law-
yers often came close to the bench to
make their speeches in the ears Of the
judges.
COrNsEI,
Just beyond the railing, and opposite
the judges, are two long tables for
counsel, and behind these are number
Of chairs and benches for spectators.
The spectators are generally members
Of the bar. but the popular interest in
this case-although it was known
that, according to practice, the
prisoner would not be brought in
court--drew together yesterday quite a
number Of laymen. The familiar faces
of the counsel in the case, sight Of the
FIVE Supreme Court judges, and purely
legal argument was all the recompense
they had.
AT THE TABLES.
At one table sat Hon. Rufus A.
Ayers, the Attorney-General Of the
State, whose duty it is TO appear in this
court in all such cases for the Common
wealth, and Mr.. Charles V. Meredith
and Colonel William r. Aylett, who
prosecuted the case in the court bslow,
it being improper for the Common
wealth's Attorney for the city of Rich
mond, Mr.. S. B. Witt, TO act on ac-
count of relationship to the prisoner.
For the prisoner, who is here called the
plaintiff in error, the same attorneys
who defended him in the Hastings
Court, appeared-yiz., Hon. William
W. Crump, Bev. T. Crump, Esq,
(his son and partner and Hon. Henry X.
Pollard, Of King and Queen, and Hon.
A. Brown Evans, Of Middlesex, who
are generally spoken Of as " the home
counsel - Of the accused, as they come
from Cluverius'S neighborhood and are
well acquainted with him aud his
family.
FOR THE PRISONER.
Mr.. Bev. T. Crump opened the az
gument for the plaintiff by giving a
rapid survey of the case; Of the find
ing Of the body in the Old reservoir
Saturday, March IA, 1885; Of the ar
rest Of Cluyerius, a young lawyer of
King and Queen. on March 18th; of
his being brought to Richmond. in
dicted, and put on trial ; Of his convic-
tion and sentence.
All this was told by Mr.. Crump in
the fewest and the plainest words pos
sible. This court is not place for
display Of orstory, and the lawyer who
INDUCES in it is considered "fresh,"
and the Judges won't stand it very long.
Certainly Mr.. Crump did not violate
the practice and tradition in this re-
spect. lie stuck to his text with great
tenscity and was as succinct as possible,
considering that his task was to give the
court-who are supposed to know no.
thing in the world about the Casa
bird's-eye view of this great murder
trial.
WANT OF JURISDICTION.
In the presentation of the prisoners
case the first thing that Mr.. Crump
drew to the attention Of the Court was
their claim, now set forth for the first
time, of want Of jurisdictiOn-as fol-
lows:
We respectfully urge that the Hastings
Court had no authority 10 hold It's session.
and hence had no jurisdiction over this
case at the time the verdict was rendered
and sentence pronounced. The record
shows that the accused was arraigned on
the 5th day of May. 1858, and. at the same
session OF the court, continued by adjourn
ment from day To- day. the case was sub
mittcd 70 the jury on the 4th day OF June.
on which day they found the accused guilty
We insist that the regular monthly tenn OF
the Hastings Court for the monih OF May
commenced ON Monday the attn day OF May
and expired on saturday the SOth day OF
May the following Monday being the INST
Monday In June; and all proceedings there
after had are null and void.
By Article vi. section Ia, OF the Consu-
tuition OF Virginia, the judges OF the corpO-
faiion or hustipgs courts are provided Tor,
who shall hold a corporation or musings
court Of said city or town as olicR dHd as
many days M odch nl0nih as hMH o. pr
scrided IN iQ,c." The legislative provisions
concerning the Hastings Court or kich-
mond will be found In chapter i5i, section
22 TO section 81 OF the Code o! 1873. by
section 26 II il provided that there shall
be a tenn Of the said Hastings for each
month IN the year, except the month OF
August. com mencing on the nrst Monday
In the month and continuing so long ss the
business before the court may require.
BY section "a and the following sections OF
this napier. provision Is made for the cor
poration courts generally; and by section
sc t is provided 4" the Judge or every
such corporation court may from time
10 time change the day for the
commencement OF the terms thereof or
any OF them etc. Under this section the |
learned Judge OF the Hastings Court entered |
an order In this cause, posiponing the COM |
mencement OF the June term q the court |
from the FIRST Monday TO the fourth Mon
day. and then continued the May term after |
the nrst Monday in June 10y adjournment |
IRON day 10 day. In the first place We sub |
nit that a careful reading OF al The sections |
not apply 10 the Hastings Court OF Rich |
mond as 10 which special provisions are |
made. For example, by section 81 II u |
directed that q grand jury shaft he sum-
moned 10 attend this court on the first Mon |
day in January. May, July, aud October In |
each en- I. md at such Cthfr terms and on /
such other DAYS as the Judge OF the court |
may direct, either In term or vacation. But /
whether this be correct or not we Insist in |
the next place that by force OF the condltH.
NOn0t ta0cfDseaf above referred 10 the May |
term of the Hastings Court expired on the |
saturday preceding the nrst Monday In |
June.
ny the Constitution this court shall hold |
each mcnth as may be- prescribed by law
"a 10 ba prfS.rfhe TINS A h.. from tna