The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1844-04-26
TRIAL OF JAS, NJ, PHILLIPS.
Tie Pf.pf ef1Ae 'f"'e Of Alpoa : rndc,nen, for
James A. PhiGps, "0'oe''
cove tupEp.M
Egide',ce on lie Pat oriAs D Esact


Goo. II, NOrTie.-Is surveyor. Has made a
partial surNey-of the premises where this occur
'eucc Is said To have taken place. (nap prO1uc-
cd.) Made this plate |, is 90 rods from M1rse 5
house 10 Philips 10 from Philips to the north
east corner of the stable; iule less than two
| from The static to the fence west Of it. The
fence runs south l6 rods III. Carter and Mr..
Willard pointed out the place where the frst blood
was, and also the place where the body was
found. From the northeast conner of the stake
TO where the blood was, is north 43 deg cas-, 81
links 1t lacks links Of being rods from that
place to where the body lay. From Morse's
house 10 Philips stable /: is So rods. Heard
Holiday testify where Philips stood would be
over three rods iunher. hid MT measure from
NOrse'S house 10 his stable; supposes it 10 some
10 or l. rods. If Philips stood in the corner of
the fence north and west of the stable and shot in
southeast course, be would have hit near the
stable; If he was over two rods south 'r0;i The
corner, it would bring him behind the stable from
Morse's house. The fence north and ives. Of The
stable mp to the corner is IA rail fence slakcd and
rdcred, some five feet high. Made the survey
yesterday. 1t was clcor day. Don't recocct
having looked down from Morse's TO Philips to
distinguish persons. Thinks pcrsonAnight be seen
that distance hut it would be difficult 10 dstin-
eulsh them. If Morse was shot where the first
blood was there was nothing to prevent person
seeing him from Morsr's house. Thinks he
would be seen more readily than man standing
where Philips is said to have stood. Thinks map
frs shown (he one made by Iosord) not accu-
rate. The situation and relative position Of the
houses wrong. The fence north OF the stable, in.
stead Of running east and west, runs southeast
and north-wes. From the bars IL the fence
north Of the stable it is ii rods lacking three
links
Cyoss ernmined-Samue Carter, Willard, and
y. II. Purple, Esq, helped HIM to make The sur
vey. Carried one end of the chain himself The
ground deSccnds from the stable. There Is
slough on the line. The ground rises gradually
both ways. Morse's house stands some Il feet
higher than the slough; The stable not quite SD
high. There Is no stack yard now from where
witness measured. There wCre old straw and chaH
and burnt ends Of rails looked like an old stack
yard. Carer and Willard showed where the first
blood was. The ground had been cultivated the
last season. When the distance is So short, a
slight difference from the spot would make a grca,
difference in the angle. Should thlnk well
acquainted with the premises could make a better
map. Should thuk on the first map shown the
courses are wrong The stable is further north.
Has 10 knowledge where the fences stood except
As it was shawn him. All the fence between the
stable and the house is the one RAINING down IT,
the wool Thinks he could have seen n stick |
two or three inches in diameter from Phillips To
Morscs. Supposes he might have seen man
there when there was snow on the ground. Could
see man standing where they showed him the |
lir-t blood from Phillips door, Would have to
took Through u lrnce standing on litie higher
ground lhuu where the first blood was. II would
depend more ON the state Of the atmosphere than
the time If day 10 seeing clearly at distance.
D!Gd.-Nlorscs house Is ou ground some high |
~ lhau Phillips. The ground is higher ,owatls |
the nurlh. There is no great dlileTctsc as 10 the
height Of the ground running east and west.
! I've cour, here ruled that the defence should |
name such witnesses as they expected to call, and |
that thy should I've Separated if requested by the
prosecutor, to which the Council for the defendant
excepted. The defence then called the names o.
Samuel Garter, =. b. Willard, Simpson Cundal, |
Wheeler Hedges, li. &. Cook, Charles Rodgcr- |
son, aud n. II. Powers, who were directed by The |
court - retire, with the exception Of D. G, Cook.