Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1886-05-14
CLUVBRIUS MUSE HANG.
Especial to The Americanl

lNpttldl ~ l ne AUici 4'dul
RICHMOND, Va, May G-The
Supreme Court OF Appeals of Viz
ginia to-day rendered decision in
the case Of T. J. ClnycriuS, convict
ed in the Hastings Court Of this
city of the murder on March IL,
1885, of Fannie Lillian Madison.
The Judgment OF the lower conrt is
fully sustained, the eight bills of
exception filed by the prisoners
counsel being deliberately discuss-
cd and successfully overruled. The
opinion was delivered by Judge T..
r. Fauntleroy, the court standing
four to one in favor of sustaining
the Judgment of the lower court.
Judge Hinton disSented, being in
favor of q new trial. Cluverius will
surely hang unless executive elem
ency interposes. The time first fix.
ed for his execution having long
since passed by, he will have TO be
brought before the Hastings Court
for re.sentencc. Clnverius had
great hopes that the admission Ofthe
torn note by the lower court would
get HIM a new trial. The decision
of the Supreme Court, however, was
very positive on this point. This
was the note which read, 81 will be
there as soon as possible. SO. do
wait for me-" In the opinion of the
court this note was considered rs
proof positive that Cluverius, aud
he alone, knew that Lillian Madi.
son was registered at the Amerl-
can Hotel under the assumed name
Of +. l.. Merton, the same name
under which she had registered at
the Exchange Hotel in January,
when visited by the accused. The
proof that the note was written by
the dead girl and addressed to the
prisoner was enlarged upon, and
the action of the court in admit.
ting the torn note was fully sustain
ed. The fifth exception was against
the introduction of the Curtis
letter. Judge Fauntleroy argued
that as that letter was the begin
ming of the chain of events that
finally eliminated in the tragedy,
that it was in every way admissi
bic that the letter was written by
the murdered woman, and by her
mailed to the prisoner, and by him
remailed TO her. 1t was part and
parcel Of the combination Of cir
cumstances that led up to the last
fatal visit on the 18th Of March.
The ninth bill Of exception was
that the court erred in not order
ing another trial, on the ground of
the after-discOvered testimony of
DR.. Garlck, who had been a teach
er of Miss Madison, and was of the
opinion that the envelope address
ed to T. j. Cluverius was not in
the handwriting of the deceased.
! He admitted that the note itself
was. The court held that the de
Tense had ample time in which to
produce this testimony that if the
testimony had been introduced it
would have made no difference in
the verdict; that the jury would
simply have thought that DIR. Gar
lick was mistaken, in the face of
such a prepOnderance of testimony
on the Otherside Dir. Garllck was
not advanced AZ an expert, nor
proved to be such, and 1t is well
known that the writing of the de
ceased, which he, as an instructor,
had examined years before, had
been written with care with view
to criticism, while the torn note
was written under circumstances Of
great mental anguish. Judge Faunt-
leroy went into resume OF the
case. to show that the testimony
being very nearly conclusive as to
the prisoners guilt, that all the
facts and circumstances pointing
to him as the perpctrator OF the
bloody deed, it was necessary to
show a motive on the part of the
accused, and TO note his conduct
under the trying ordeal. Cluverius
knew that II it was discovered that
he had ruined his COUSIN. that all
Of his earthly prospects were blight
ed that the lady OF his choice
would probably refuse to marry
him that his aunt would dlsln-
herlt him, and that his success IN
society and in his profession would
be utterly ruined and here was to
be found the motive that impelled
him to lure the girl from her pleas
ant home in Bath county to Rich
mond, where he could at one fell |
blow rid himself Of what was an
incubus, and which threatened to
shroud IN darkness all of his future !
life. What was his conduct after
the deed He returns home, and |
when arrested for a most helnous !
crime, does not even feel curiosity |
enough to inquire for whose muir
der he is taken in custody. lie only !
asks, "What is the testimony y IN
order that he might know what |
line of defence to prepare. The |
loss of the watch.seal was taken mp |
and commented on, as well as all |
that transpired between the accus-
ed and Captain Eppsen route from
New Kent to Richmond. The !
scratches upon the hand and the !
several contradictory stories in re-
lation thereto we're also discussed. |
The opinion Of the court occupied /
TWO hours and fifteen minutes IN
its delivery and covered one hun
dred pages OF legal cap, being one |
of the most vOluminOus ever tie
livered. Sustained IN toto, it clos
ed 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 Hinton
dissented entirely, both in the opin-
ion and the general results. lie
stated that the corpus deiicti had |
not been proven that the admls-
sion of the Curtis letter was entire
" wrong, and that from the intro
duction of that letter had sprung
other matters in relation to the |
trial which warranted him in DIS
senting.
MUvERIUs TAKES IT COOLLY.
Cluverius received the announce
ment of his fate calmly. An &C.
quaintance went to the jail and
al,