The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-05-23


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The AFFRAY on CLAY STREET-EXAMI-
NATION OF w. S. PHILLIrS.-MeSSrS. Moss
and Phillips, the parties to the affray which
occurred on Clay street, between First
and Second, on the l4th instant, were both
so much weakened that they were unable
for some days to be brought up for cxami-
nation; but on yesterday the case of Mr..
W. S. Phillips, charged with feloniously
assaulting Mr.. j. G.. Moss, was heard at the
Mayors Court before Mayor Mayo. Mr..
Marmadukc Johnson appeared as counsel
for the accused.
Mr.. MoSely was the first witness called
for the Commonwealth. He stated that
he saw from his window Moss and Phillips
talking together, but could not hear what
was said. Suddenly Phillips struck at
Moss, who caught the stick, wrested it
away, and struck Phillips with it seven or
eight times. Phillips was Knocked down,
and Moss then threw the stick away and
walked off. Witness went and spoke To
Moss, who, however, did not know that he
had been stabbed until at least quarter
of an hour after the fight had ended. He
heard Phillips say to Moss, I" Did you call
me Il Scoundrcl ~ and Moss replied that
"hc PhillipS) had treated his family as
a Scoundrcl would, and he did call him SO. y
He saw that when Phillips was down he
had IL knife in his hand, but did not know
when the knife was drawn.
CroSS-crant;ned Jy M. John&on.-Saw
Moss knock Phillips down, and did not
see the knife until after he was Knocked
down.
Sol. LoyingStcin then testified that he
heard Squcalimg in the street, and saw
Phillips living on the ground. He heard
Moss say that if Phillips came again into
his premises, and inSultcd his wife and
family, he would show him what he would
do or have done with him.
Mrs. Phillips having been called for the
prosecution, Mr.. Johnson said that as c"um-
sci for the defence he would not object
To her testimony being taken. He said
that in the case of the Commonwealth rs.
Lam tried in the Circuit Court Of Princess
Anne, Judge Baker had ruled that the
evidence of the wife might be taken i'll
Il case in which her husband was con-
ccrncd and this was his authority.
The Mavor said that he had great re-
spcct for the learning and opinion Of Judge
Baker, but he could not take his ruling
as authority for acting contrary TO what
Inc considered to be the clear meaning OF
the law. lie therefore could not permit
the evidence of Mrs. Phillips TO be taken.
The witnesses for the defence were then
called.
Policeman Gilman stated that Moss had
told him that he had called Phillips Scoln-
drel and coward that he, Philips, then
struck him, when he caught at the stick
and was stabbed.
DR.. +. w. Hancock stated that he attend
ed Mr.. Phillips professionally. He found
him soon after the fight in very weak and
exhausted condition. There were three
wounds on the head, one of them cutting
down to the bone and Scvcring branch OF
the anterior temporal artery. Mr.. PhillipS'S
arms were badly bruised, and one of the
blows had scaled the bone without causing
positive fracture. lie considered Mr.. Phil
lipS's injuries very severe, and that for
some days he was in Il critical condition.
In consequence of the wound on his head,
had forbidden Mr.. Phillips to go out in the
sun. lie had known Mr.. Phillips for twelve
or fifteen years, and had always considered
him to be an upright man and pcaccable
and quiet citizen.
DR.. J. G. Cabcll was called, and con-
firmed the statement OF DR.. Hancock In
relation to the extent and nature OF the
injuries sustained by Mr.. Phillips.
This was the conclusion OF the evidence
for the defence, and the Mayor said that
the evidence had developed the fact that
both Moss and Phillips had been guilty OF
grave offence. \ man had right to de-
fcnd himself when attacked, but only SO
far as was necessary torclicve himsclfirom
personal risk, and in this case 1t would seem
that the knife was not drawn by Phillips
until he had been knocked down by Moss.
He would continue the case until Thurs
day, and require bail from Phillips and
Moss in the sum of one thousand dollars
each.