Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-05-13

cry bill OF exception was QlSfnlSSeQ, anu Cne
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 courts in
which this case originated, and is OF opinion
that Thomas J.. Cluverius should answer
with his life for the foul crime by him COM
mitted. Itistherefore ordered that the case
be not remanded for further hearing, 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
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 on the record.
Judge Lewis stated that Judge Richard
son was absent on account of indispOsition,
but that he concurred in the general results,
but not in the opinion.
THE DECISION EXPECTED.
Although the courtroom was crowded,
there was an absence of rush or excitement.
The fact that Cluverius would not be pro-
duced in court of course kept away many
who would otherwise have been present.
Nearly every member of the bar was in the
room at some time or other during the read
ing of the opinion. At times Judge Faun.
tleroy was very impressive, and as he laid
bare the facts as adduced on the memorable
trial, it seemed as if the voice of the public
prosecutor was being heard again, many OF
the arguments and much of the language
used being identical with those by which
the eloquent Meredith and Aylett thrilled
all who heard them when the case was be-
fore the Hastings Court.
Little or no surprise was manifested at
the decision in fact, public opinion had
been very we'll settled upon the presump-
ton that no new hearing would be granted:
For over a week the air had been full Of
rumors that the court stood four to one
against a new trial, and that two Of. the four
disagreed only as to certain particulars, and
for once rumor was correct. How these
facts leaked out is not known, or whether
it was only one of the lucky surmises of
those who are supposed to know every
thing. The reading of the opinion of the
court, as expressed, had been arrived at
after a very patient and searching review of
all the facts as set forth at the time of the
trial, and was supported by copious quota
tions and references to the most learned and
competent authorities. Thus ended anoth-
err act in the great tragedy which shocked
a continent and for a time made RlchmOnd
unenviably famous.
Face to face with his fate Cluverius stands
to-day, and whatever that may be he cannot
complain that the law has notthrOWn around
him every safeguard and allowed him ev-
ery chance to prove himself innocent of the
dreadful charge that has been laid, and
from the testimony would seem brought to
his door.
THE PRISONER.
Cluverius knew what the decision of the
court would be at least one hour before
Judge Fauntleroy finished reading the
opinion. The first few pages that were
read indicated a decision u%nfaVorable to the
prisoner, and about half past - O'Clock Mr..
McGeorge, a feed dealer, doing business in
Richmond, left the court room and went
down to the Jail. 1t was he who told Gu
verius how the case would be decided, but it
was after 9 o'clock before the prisoner was
aware that the Supreme court had sustain
ed the decision of the lower court in every
point that was raised by the prisoners
counsel.
Mr.. McGeorge remained with Cluverius
until after 2 o'clock when Judge Crump
and Mr.. Beverly Crurhp, of counsel for the
prisoner, arrived at the Jail. Cluverlus
was in an upstairs room-the same one in
which the Coroner's investigation was con-
Quoted, and where the dramatic scene &C.
cured when the street car driver, Mr.. Will
liams, looked at Cluverius to see if he could
identify him as the man who, in company
with a lady, got off the street car at Reser-
voir street and turned down towards the
reservoir on the night of the tragedy.
Cluverius was dressed in a light grey suit,
probably the same one he wore at the trial.
1t looked neat and his general appearance
was neatness.
HOW HE RECEIVED THE NEWS.
When the action of the court was made
known to him he never trembled or moved
a muscle, except perhaps a little tWltchlng
of the facial muscles, and this soon passed
away, giving place to the sternness and
s%elf-control which has excited so much won
der, and has been a puzzle to SO many.
When he heard the words, "The decision
is unfavorable to you,' he raised his eyes,
which had been gazing at the floor, and in
a clear voice, said: 81 am surprised"
Here he paused, and the silence seemed as
painful to those who saw the prisoner as it
was to the prisoner himself. Presently he
qualified his remarks, and in a voice more
trembling than at any other time hereto
fore, he remarked, 81 hoped for better re-
suits"
Sergeant Lee subsequently said: "Mr.
Cluverius, l will now have to put you in
solitary confinement. Your treatment here
after must be somewhat different from
what it has been, and it is my duty to have
you put in solitary confinement and a guard
placed at your CELL"
Cluverius looked up at Sergeant Lee and
replied Sergeant, / make no objection.
l have tried not to give trouble to anyone
in this Jail and l will continue mott to do So"
When Judge Crump came down to the
jail he was shown into the room where Gu
verius was. Mr.. McGeorge retired when
Judge Crump entered, and as the latter
walked into the room Cluverius advanced
and gave him a cordial grasp of the hand.
Judge Crump took a seat near a desk in
the room, and the prisoner placed a chair
near the one Judge Crump was in, and the
two sat close together and conversed. The
window next to the Jail Office was raised a
little and Judge Crunp lowerered it., to
prevent perhaps any of the conversation be-
ing waited to the ears of those who sat in
the office just across the Jail yard and but a
few feet from where the prisoner sat.
VIA WILL HIS COUNSEL DO?
What steps will you take now, asked a
reporter of Mr.. Beverley Crump, of coun-
sci for the prisoner?
"Well," said he, 1--WE will not do any
thing right now. About two or three
months from now we will decide upon what
course we will take"
HIS ONLY HOPE.
The only hope now left to the prisoner is
executive clemency, for unless the Govern