Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1886-12-08
n SPECTATOR AND GENERAL ADVERTISER.

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Judge Atkins and Mr.. Meredith on the
Cluverius Case.
Through his Secretary, ]. E. Waller,
Gov. Lee asked the Hon. Thomas 8. Atkins,
Judge of the Hastings Court Of Richmond,
and Charles V. Meredith, Esq, who acted
as Commemorative Attorney in tho prose-
cution Of Cluvsrius, what they have to say
as to extending Executive clsmency to the
prisoner, and they reply that they know of
no reason why the law should not be al
lowed to take its course.
Judge Atkins said -
In reply have to say that on the 10th
day of June, 1885, after everything mo-
ton for new trial, and when passing SEN
tence upon tho prisoner, made use Of the
following language: ''You have had a
fair, and may say, liberal trial and
finally the jury in the faithful discharge of
their duty have pronounced you guilty,
and that verdict has been approved by the
Court" Strengthened by the decision of
the Supreme Court of Appeals of Virginia,
entertain now the opinion then expressed,
and know of no reason why the sentence of
the Court should not be carried out.
Mr. Meredith said =
81 have not had time to consult with
Colonel William R. Aylett, with whom l
was associated in the lower court. But as
know his views about tho case so thorough
ly think may say that he will not dissent
from those / shall express
am informed that one of the said petit
tions prays for his absolute pardon, and the
other for Communication of sentence to i'm.
prisonment for life.
can imagine no reason that can Justify
any one in signing petition for absolute
pardon, unless it be that the party 80 sign
ing has conscientious scruples against the
infiction of capital punishment Enter
tanning no such principle myself cannot
think for one moment of joining in such
request.
As to the other petition, 1 can conceive
of no reason why it should be granted. As
a matter of choice should prefer to sign
the other petition to signing this latter one.
If the evidence did not justify the verdict
given, the prisoner Is entitled to absolute
frs dom, not to imprisonment for life. All
must agree that if he was proved guilty of
the crime charged, the severest penalty of
the law should be inflicted. If he commit
ted the murder, he murdered trusting
and unprotected woman; that woman his
cousin and loving associate that woman
bearing his unborn and bastard child. In
der such revolving circumstances there is
presented no opportunity for the exhibition
of sentimentality, much less of proper pity
OF merited mercy. If done, it was cold
blooded and heinous deed.
The simple question is, Was he proved to
have been guilty of the crime with which
he was charged? He had able and earnest
counsel he had ample time within which
to prepare his defence /; he had fair and,
I am justified In saying, liberal trial. Yet
he was convicted.
He appealed. His case was fully and
ably argued. Yet the Court of Appeals,
by vote of four to one, affirmed the judg-
ment of the lower court. His earnest coun-
sci, deeming the opinion Of the latter court
erroneous, asked for rehearipg Their
able argument therefor was duly con-
sidered. Yet the Court of Appeals, again
by the same vote, held that by tho law and
the evidence as presented the prisoner de-
served the punishment that had been pro-
nounced against him.
Under such circumstances any one, be-
fore making the assertion that the evidence
did not warrant tbs verdict, should dill
gently and laboriously study the volumi-
nous record in this case. OF course every
Que is entitled to indulge, if he wishes, in
street.talk or f1re-side chat. But upon so
grave an issue as is now before your Excel
lency submit that such expressions of
opinion are not worthy of being compared
with the verdict of an impartial jury-with
the opinion of fair, intelligent, and libe-
ral-minded trial judge-with the Judgment
Of the able and just judges of the. court of
last resort.
As sample of such wise opinions may
refer to the statement that has been made
that the jury should have rendered verdict
of murder in the second degree. I have
simply to say that person who would
make such statement would be totally
ignorant of what he would be talking about
No court in the Commonwealth could have
sustained such verdict. The deed was
either deliberate murder or there was no
crime. A man who lifts woman over a
fence and throws her into the water, where
in she is drowned, cannot be convicted of
murder in the second degree"
He then reviewed Judge Hinton's dis
senting opinion, and his criticism of it was
able and severe, not to say merciless. He
concluded his letter as follows
''There is one suggestion in the opinion
that think it is proper to notice for its
startling novelty. The Judge graveIy sug-
gests that 1.-THE mere appearance of scuf-
fle may have been partly made by one at
| tempting to withhold the deceased from
drowning herself" y
Of course such a suggestion presents a
very amusing side, but it should not be
| misunderstood. 1t was not intended as a
joke. 1t has been somewhat mooted
question in the discussions of this case
whether woman of her height and in her
condition could have climbed over the
picket fence. But have never heard the
most earnest advocate of the prisoner init
mate that she would be able to do so when
/ wrapped in the strong arms of resisting
man. And submit that it is suggestion
that is more likely to injure than strength
en- the theory of suicide. 1t brings out
with vivid effect the strength Of the proofs
of murder.
I fear that this reply to your wish is
longer than you anticipated. But / have
give you all the light could as to this
case.
Fully convinced of the prisoners guilt,
asked of the jury conviction of murder in
the first degree. I have seen nothing
since to weaken that conviction. 1 an
therefore forced to say that I can see no
reason why his sentence should be COM
muted."
Death of an Editor.
Col. j. Richard Lewellen, the able and
popular chief editor Of the Danville
Register died on Saturday morning last
after an illness Of two months, at the age
of s. years.