Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-05-08
THEY GAIN TIME.
COUNSEL FOB cLuvERIUs MOVE FOR A
REHEARrNG.
The Court Gives Them Until September
to File Their Petition-The
Prisoner, &C., &c.

be not sent down to the Hastings Court
until the fall term, they desiring at that
term to submit motion for rehear-
ing. Judge Crump quoted the Law and
the rule Of the Court, the latter being
as follows:
"XVIII. REHEARING.-No appli-
cation for 0 rehearing will be enter
tanned unless made within ten days
after the decision is announced except
as otherwise authorized by law, and no
rehearing will be allowed unless one Of
the Judges who concurred in the deci-
sion shall be dissatisfied with it and
desires rehesripg. And an applica-
ton under the Code, chapter l7S, Sec
tion 3s, psge ll45. to rehear and re-
view any case decided by the court
within the last fifteen days of the pre-
ceding term shall be made within the
first ten days Of the next succeeding
term, and not thereafter. And no appli-
cation for . rehesring will be enter
tanned BY the court in any case unless
the reasons therefor (printed) shall be
filed at the time such application is
made"
Judge Crump stated that the opinions
of tine majority of the court had not yet
been filed with the clerk, and that as
the court was now about to adjourn,
be trusted they would see that the re-
quest was q reasonable one.
THE JUDGES RETIRE.
The Judges retired for consultation.
and were in the room about
half an hour. Then returning to the
bench Judge Lewis president Of the
Court announced that the motion was
overruled in the shape in which it was
made, but that the Court would waive
the rule as to presenting the reasons in
point, and would now hear motion for
a rehearing, and that by the time the
Court met at Wytheyille June 10TH
the reasons could be printed.
Judge Crump: Let it be at Staunton.
THEY CONSULT AGAIN.
Judge Lewis said that the Court had
agreed to have the motion brought up
at W Wytheville. AS to changing it to
Staunton he would consult the other
judges. lie called upon Judge Rich
ardson to express his views. Judge
Richardson answered that in view Of
the gravity of the case he would make
no objection. Judge Lacy concurred.
Judge Fauntleroy thought that counsel
would have ample time to prepare and
print their petition by the time the court
meets at Wytheville. Judge Hinton
said that, entertaining the views he did,
he voted to postpone the matter until
the court meets at Staunton. Judge
Lewis seemed to concur with Judge
Fauntleroy, but, in view of the opinions
expressed by the majority, yielded to
their opinion.
So counsel are required to have their
petition printed by the time the court
begins its session at Staunton on Sep
tember 10th.
THE MEANING OF 1T.
The case was decided against Clu-
verius by to /. A rehearing will not
be allowed unless one of the fourjudges
expresses himself dissatisfied with the
judgment OF the court. If a rehearing
is allowed, then, upon reconsideration
and fresh argument, the court may de-
eide either for or against the prisoner.
Meantime the Hastings Court will not
be informed Of the judgment Of the Su-
pIeme Court. In other words and more
legal terms "the mandate Of the Su-
pIeme will not go down."
Cluyerius has certainly gained four
months time; possibly he may gain
something more. When the opinion of
Judge Lacy and that Of Judge Rich
ardson, concurring with Judge Faun-
tleroy, and the dissenting opinion Of
Judge Hinton are written and filed
more light may be thrown on the SUBJ
ject.
Attorney. General Ayers and Mr.. G.
V. Meredith were in court, but they
had nothing to say. They made no
opposition to the delay asked.
The Prisoner.
A Dispatch reporter went to the Jail
yesterday evening to gather whaE he
could about the prisoner. Seeing Mr..
Emmet @. Taylor, one Of the guards,
be said:
"Mr. Taylor, were you on duty with
the prisoner last night !"
"Yes, SIR" said he, land remained
with him until ten minutes past 6 this
morning"
Did he rest well?
lie retired to his bed between 8 and
Q o'clock, and was asleep when | came
off duty this morning, which was after
G. lie slept very soundly, and did not
wake up during the night, This after
noon asked him how he felt.
What did he say?
lie said be was feeling splendidly.
lie asked me if had seen the evening
paper. told him had not. He then
offered me the State, which he was
reading. He told me that when he
woke up this morning he thought it was
about 10 o'clock.
PRISONERS APPETITE.
From another source it is learned
that yesterday morning prisoner arose
about O'Clock, and after arranging
his toilet read the morning papers. His
breakfast, consisting of q tenderloin
beefsteak, hot rolls, and coffee, was
taken to his room about Q o'clock. The
prisoner ate heartily and seemed to en-
Joy the meal very much.
After breakfast Cluverius walked to
the door, and seeing workman en-
gagged in whitewashing the walls of the
hall, remarked to Mr.. Kerse, who was
experimenting the work, that bluewash
would be more pleasant to the eyes.
Mr. Kerse at once replied: "If you
prefer blue it shall be that color"
No visitors called to see prisoner yes
terday.