Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-28
I. j. CLUvERIUS.
prscAsE TO BE ARGUED IN THE COURT
OF APPEALS TOMORROW.
Prisoner Not To Be Brought to the Court
Room-The Points for Discussion
The Witnesses, &c.

street between DIOau anu Marsnai.
The Judges are Lunsford L. Lewis
(presideni), B. W. Lacy, T. t. Fauntle-
roy, ID. A. Hinton, and Robert A.
Richardson. Generally the Court is in
session from III A. NJ. to about p
p. NJ. daily except Saturdays and Sum
days, the former being their consulta-
tion.day.
Many years ago the Court Of APP
peals held its sessions in the Capitol
building, third floor, northeast corner.
When the State courthouse was erected
on the site of the old museum, in the
Capitol Square near the point where
Twelfth and Franklin streets intersect,
it was removed to that building and
there remained until burnt out in the
evacuation fire. Then it returned to
its old quarters in the Capitol, and was
about to begin its days session there
April 81, 1870, when from the weight
of the crowd on its floor the floor broke
in and caused "the Capitol disaster"
The congregation worshipping in the
Sycamore church having about this time
resolved to build a new church on the
lot at the southwest corner Of Grace
and Seventh streets, the State Of Vir-
ginia bought from them the Sycamore
church. and the House Of Delegates sat
there while its own hall in the Capitol
was being repaired and refurnished.
When the House returned to the
Capitol the old church was fitted up in
its present shape for the Supreme Court
Of Appeals.
The main audience-room Of the church
has been greatly diminished in size, and
from space thus gained rooms have been
made for the clerk Of the court, for the
Judges, and for the revisers ofthe Code.
The lecture-room, Immediately in the
rear of the church, is now the law Ii
brary-where thousands and thousands
Of books are kept for the use of the
court and members of the bar.
JUDGES AND SPECTATORS.
The petition of Cluyerius has been
printed-with the evidence making a
book Of 500 pages. Counsel for the
Commonwealth have filed their printed
brief of 100 pages. Counsel fer de-
fence have answered in printed brief
almost as long, and the Commonwealth
attorneys may rejoin in some printed
notes so that besides hearing speeches
for nearly a week, the five judges Of
the Supreme Court will have 700 or
500 pages of printed matter to read
or, at least, to refer to when in doubt.
The Supreme Courtroom has seats
for no moro than hundred spectators,
and no one is allowed to stand. If you
can't get a seat you must retire. 50
even if the general public should feel d
longing to hear discussion of the legal
points in the case, they will have no
opportunity; there is no room for them
in the court-room-not unless the Court
has more chairs put in or relaxes its
rule against people standing in the
room.
THE PRISONER AND THE POINTS.
The prisoner will not be brought to
the Supreme Court. He is in jail, and
there will stay for the present; his
counsel, Judge W. W. Crump and Mr..
Bev. T. Crump and Messrs. Ii. X.
Pollard and A. Brown Evans, will ap.
pear for him. Hon. Rufus A. Ayers,
At,orney-Gereral of the State, and
Messrs. Charles V. Meredith and W.
X. Aylett will represent the Common
wealth. The argument will certainly
occupy four or five days, and will in
large measure be on dry legal questions.
When, however, counsel come to con-
slider whether the evidence justified the
verdict their argument will be Of great
popular interest.
QUESTIONS RAISED.
The first bill Of exceptions two bills
really relate to the decision Of the
Court below upon the challenge for
cause by the Commonwealth of two
iuiors-R. W. Larke and A. S. Goode.
The second bill Of exceptions is taken
to the method of empanelling the jury.
The third is as to the action OF the
Hastings Court in permitting leading
questions to be put to a Common
wealth's witness MIR. a. W. Archer,
clerk at the Exchange Hotel. The
fourth is as to 1.-The ruling Of the
Court in permitting a letter purportine
to have been written to Miss +. Lillian
Madison by Miss Laura NJ. Curtis to be
read to the jury" The fifth "rai;es
the question Of the admissibility Of a
certain note alleged to have been writ
ten by the deceased to the accused -
the famous "torn note" The sixth
bill of exceptions is taken to the ruling
of the Court :" in refusing TO grant .
new trial." Seventh, AFTER the mo-
ton for a new trial was oyerruled by
the Court the accused moved an arrest
of Judgment" which motion the Court
overruled.
The eighth bill Of exceptions is as tC
the refusal Of the Court to set aside the
verdict and sentence and grant ne~
trial upon the ground Of after-discoy
cred testimony.
This refers to the affidavit of DR.
Joseph r. Garlick, who swore that h
was well acquainted with the hand
writing of deceased, and that the tori
note was hers, but " that his conviction
is positive that the handwriting on tn
envelope is not that of Fannie l.. Msdi
son, and that this conviction is FOUNDED
upon his intimate knowledge of tn
handwriting of F. L. Madison" &c.
REMARKS.
The murder was committed Marcl
Is, 1885; Cluverius was arrested a
his home, at the residence Of his aunt
Mrs. Jane Tunstall, near Little Ply
mouth, in King and Queen county, Va.
March the 18th. He was indicted
April 9th, and on May 5th was ar
raigned and pleaded "not guilty" o.
the 4th of June the jury found yer
dict of guilty" and motion to Sc
aside the verdict was subsequently
made and overruled. So, too, a motioi
for arrest Of Judgment. On June l9tl
Judge Atkins sentenced him to b
hanged on the 25th day Of November
1885; but a writ Of error and super
Sedeas obtained from the Suprem
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