Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-09-11
CLUVERlUSS CASE.
PETITION FOR REHEARrNa SUBMIT.
TED 70 THE SUPREME COURT
YESTERDAY.
Prisoner Wishes sn Opportunity on q
Hew Trial to Testify In His
Own Behalf, &c.
Especial telegram 10 the Dispatch.l

Especial telegram to the Dispatch.i
SrAUNToN, September l0.-To-day
in the Supreme Court Of Appeals sitting
here Judge w. w. Crump, Of Rich
mond, Of counsel for Thomas Judson
Cluverius, appeared and presented q
petition pressing the court to grant .
rehearing. The petition fills sixty-one
printed record pages, and refers to the
number and importance Of the questions
of law and fact presented by the record,
the division Of the court upon vital
questions, and the interest the peti.
toner has in the most careful and most
correct decision Of the points disclosed
by the record, and says that all con-
spire to create hope that the case
may be rehesrd.
PRISONER EMBARRASSED.
The petition further says that the
petitioner Is embarrassed because he
does not know the reasons in full upon
which the opinion Of the court rested.
When the Judgment Of the Hastings
Court was affirmed two judges con.
Cured in a written opinion, and no
other opinion was filed until August; ;
this last one differing from the other
upon important law principles affecting
the admissibility Of evidence.
JURISDICTION.
Twenty-seven pages are occupied In
the argument of the question of juris-
diction, which arises from the action Of
the Hastings Court of Richmond in
changing the June (lSS5) term Of the
court on May %, 1885.
CURTIS LETTER AND TORN NOTE.
The admissibility Of the "Curtis "
letter is considered, and several pages
are employed in discussing that matter.
If the views suggested and authori-
ties cited do not convince, The petition
says, it is hoped they may create a
doubt in the minds Of the judges, aud
that rehearing will be granted.
The admissibility also Of the hotel or
"torn note" is discussed at some
length. Tracing the relation it bore in
the trial is pronounced reasoning in
q CIRCLE" and the petition quotes au-
thority thus:
sit is q most vicious example oil
reasoning in circle to admit the letter
to prove the time when it was written,
and assume this to be the real date for
the purpose Of admitting the letter."
THE LAW ALLOWING PRISONER TIC
TESTIFY.
Following the above are several pages
taking up and reviewing the testimony
of Hunt, Tyler, and Williams, and Of
the evidence generally.
The alteration of the law allowing
the prisoner now to testify in his own
behalf is presented to the attention o.
the Court, and the Court appealed tc
to let this alteration in the law have
weight in determining whether a new
trial should be accorded the accused
But now, says the petition, that be i
permitted to speak, in conviction
/
founded largely upon his enforced ST
lence, ought human tribunal in thes'
enlightened times enforce the execution
of the death-sentence without first al
lowing him an opportunity to testify Il
his own behalf in accordance with tn
law?
THE MOTION.
The court will hereafter announce it
decision upon the motion to rehear.
When the judgment Of the Husting
Court was affirmed Judges Lewis
Fauntleroy, Lacy, and Richardson
voted "Aye" and Judge Hintor
"No." Judge Hinton did not think
the corpus delicti established. Judge
Fauntleroy delivered an opinion whict
was wholly concurred in only by Judge
Lewis; Judge Lacy has recently fled
his own opinion giving mis- reasons fol-
affirming the judgment; Judge Rich
ardson has not filed his opinion mol
has Judge Hinton yet written out hi
dissenting opinion.