Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-31
AND DPOLLARD.
SPEECHES OF THESE TWO LAWYERS IN
THE CLUvERIUs CASE.
Argument Before the Supreme Court OF APP
peals OF Virginia on the Question OF
Granting Prisoner New Trial, &C.


made the usual proclamation command
ing silence, &c. Then Mr.. George
Keith Taylor, the clerk, read the pro-
ceedings Of the previous day-a very
brief record indeed, as Mr.. Bey. T.
Crump had occupied nearly the whole
of that session by the opening speech
for Cluyerius--after which argument
was resumed.
All the seats in the courtroom we're
filed. There were many lawyers pre-
sent but they were not in the majority |
by any means. Many Of the faces we're
familiar, having been seen day after day
iii the Hastings Courtroom when the ac-
cused there-the plaintiff in error here
was on trial.
CoLONDL ayLETT's SPEECH.
Colonel William r. Aylett, Of King
William county, Of counsel for the pro-
secution, opened the case for the Com
monwealth. He said that in mercy to
the Court and in mercy to them
selves the attorneys for the Common
wealth had divided off and apportioned
the points to be discussed on that side.
lie began with a consideration of the
bill of exceptions relating to the i'm
panelling Of the jury, but only devoted
a minute or two TO it, saying that since
the trial that was res ddjUdicdta. Next
he took up the case OF Larke, one of the
members Of the panel objected to by
the Commonwealth for cause, it having
been alleged against him by witnesses
examined that he had said he would not
convict a man on circumstantial evil
dence but before the Court rendered
its decision, Mr.. Larke having ascer-
tanned that he had arrived at the age of
sixty years, claimed his exemption on
that account.
| A JUDGE INQUIRES.
While Colonel Aylett was arguing
on this matter, Judge Lewis said that
he would like to have the record read on
this point he would like to see what
order the Court made in discharging
Mr.. LaIke. Counsel referred the Judge
to the record, from which it appeared
that the order Of Court did not show
which Of the two causes actuated it in
dlscharging this juror.
During Mr.. Bey. Crump's argument
on the day before Judge Lewis hal
asked him somewhat similar ques-
| tiOn.
"THE LETHE OF COLD WATER"
Colonel Aylett then went on to argue
that Mr.. GOode, who was excluded
from the panel because he had made
| beta banter, it was claimed-that
prisoner would not be convicted, was
properly excluded that the Common
wealth had the same right as the ac-
cused to have jurors whose minds are
perfectly unbiased.
Next he discussed the corpus deficit,
arguing that there was no basis what
ever TO imagine that the deceased would
come from Bath county to Richmond to
seek 1.-the Lethe of cold water in
the Old reservoir" The ground Of
fered no encouragement to a woman
to yisi: it at night, "the spectral forms
of the head-boards Of the smallpox
patients being on the way to the hole
in the fence near which some of the
articles Of deceaseds clothing were
found.
THE MAN AND TIE MOTIVE. |
Then the Colonel went on to ask,
"Who is interested in the death of a
pregnant unmarried woman except her
seducer 2" Who had the opportunity
to seduce her? No one but Cluverius." :
Eight months before he had been visit
ing her at her uncle's, Mr.. John
Walkers, and had had signal oppor- !
tunities for meeting her privately.
Both Judge Lewis and Judge Hinton |
here asked as to the precise date of the :
meeting at Walkers.
THE POEM. 5
Going on to the lewd poetry, proved
to be in the handwriting of the prisoner, c
and found in the bottom Of the de- 9
ceased's trunk brought TO Richmond
after her death, Colonel Aylett asked !
" Have your Ilonors read that poetry:
1t is in the record, but it is so vile that
it could not be printed"
None Of the judges seemed to have +
read it. )
Colonel Aylett said that he hated to /.
ask them to read it, but it was neceS- -,
sary. He hoped they would take the
Ms. record and read it. :
The January visit Of Lillian to Rich ;
mOnd; her stopping at the Exchange
Hotel under the name Of IF. l.. Mer.
ton "a name which a courtesan ii
swOre that Cluverius had assumed in q
her company; the Identification Of \
prisoner at the Jail by Mr.. Archer, 3
clerk at the Exchange; Cluverius n
taking his cousin from the hotel to visit q
a house Of i'll repute-all were brought L
out.
"THE CLOAK OF HYPOCRISY" c
Colonel Aylett declared that no mat !,
ter how good the previous character Of o
the prisoner had been the lewd poem
"raised the cloak of hypocrisy" "
Judge Lewis: Do you prove that q
that poem was written by the pri- n
soper: q
Colonel Aylett Yes, sir. o
Mr.. Meredith Undoubtedly. There a
is no question at all about that. n
Judge Crump looked up thoughtfully, =,
but said nothing. !,
Judge Hinton Where was this a
poem found? a,
Colonel Aylett; At the bottom of II
the trunk, covered by newspaper II
spread out, as ladies spread papers to SS &c
keep their clothes from soiling. The el
empty envelope and the letter were ~ y,
found above the paper. el
Judge Hinton In whose handwriting a
was the Curtis letter? al
Colonel Aylett: In hers. ~
Judge Richardson: In whose hand ca
writing was the envelope of the Curtis r.,
letter! hi
Mr.. Meredith The envelope was not 9,
found. uI
Here the Colonel explained to the II
Court all about that letter, and said that "a "a
the theory Of the Commonwealth was N
that the letter was written, if not by W
tho pr;soperss dictation then by his con- | er