Evening star., 1886-11-30
Cluverius, Last Chance.
THE GROUNDS UPON WHICH HE SEEKS EXECUTIVE
CLEMENCY.


CLEMENCY.
Richmond Dispatch to the n. Y. Herald, Nov. 90
ThOs. JudSon Cluverius will base his application
for executive clemency on the following grounds: :
First-The dissenting opinion of Judge Drewrey
A. Hinton, of the court Of appeals, which will be
filed tomorrow and which will, among other
things, state that the murder of Fanny Lillian
Madison has never been proved.
Secondhand the prisoner was not allowed the
privilege Of testifying in his own behalf under a
law which has been passed by the legislature since
his conviction. A rehearing OF the case was ap-
piled for before the court OF appeals in order that
the condemned might be allowed to testify
under the provisions Of this act, but the court re-
fused the rehearing.
Third-The most important feature is the since
recOllected evidence of witness named b. W. Hen
ley Henley was the owner Of the stage line which
piled from depot on the Richmond and West
Point railroad to places in King and Queen county.
March 13, 1885. On the trial he testified that he
had seen Cluverfus once on Main street. near 18th,
about IL O'Clock a. m on that day, and again near
the post Office, between the hours OF one and two
p. m. He had seen him afterward the same day,
but he could not recall where. Henley, in COM
pany with friend, visited the Academy OF Music
that same night OF March ID and remained until
the performance was over. According to the tes-
timony OF McCordle, the doorkeeper, the Harris
Opera Company played the ''Chimes OF Norman
1t appears now that Henley has since been pressed
to try and recollect or recall If possible the places
OF March besides the two points on Main
street mentioned above. This transpired recently
Henly passed sleepleSS nights thinking and think
ing. At length 1t flashed across his mind that he
saw Cluverius in the lobby OF the academy coming
out of the parQuet and shook hands, exclaiming,
"Hello, Tommie how are you?" The friend, a
young man who accompanied Henley, did not
know Cluverius but he well recOllects the fact that
Henley spoke to somebody in the lobby OF the
Academy who, like themselves, was coming out OF
the parquet, and called him 'T'ommy."
These are substantially the points that it is said
will be embodied In the forthcoming statement OF
the prisoner. 1t is believed by the condemned and
his friends that the evidence OF Henley, supported
by that of his friend, together with additional
reasons, Will go far to secure communication OF
sentence, II not pardon.
THE EVIDENCE THAT CONVICTED HIM.
1t will be recOllected that on the night of the
18th OF March, 1885, according to the recorded
testimony, VIM. Tyler, colOred waiter at the
American hotel, saw Cluverius with young lady
at half-past p. m. VIM. Tucker, cOlOred, who
stopped the street car near the American, identi-
fled CluveriuS as the man who got on the car with
young lady at about three minutes past 9
O'Clock. j. j. Williams, the car driver, said that a
man and woman answering the description OF
CluveriuS and Miss Madison got off the car at Res
ervotr street, which leads to the reservoir. This
was about half-paSt 8. Dr. StrattOn testified that
man, whom he afterwards believed to be Cluve-
RUS, accompanied by woman, stopped him on
was about twenty minutes to 10 O'Clock, and was
the last time that Lillian Madison was seen alive
II She 1t was. The pair were going in the direction
OF the reservoir The night was cold, sleety, windy
and dark
Public sentiment here is strong against the con-
demned young man. There are, however, many
who favor the theory OF suicide. Cluverius said
at the police court soon after his arrest that he
was at the Academy of Music ON the night OF
March Is, but he could not prove 1t. II he was at
the academy at half-past 10 he could not have
gone TO the reservoir, which is wellnigh two miles
distant.