The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-21

At o., o'clock yesterday morning Colo
mel Johnson resumed his argument. He
apologizcd for the delay which he had
necessarily occasioned, but said that the
solemn duty imposed upon him IS the
counsel Of one whom he religiously be-
lievcd to be an innocent man could not be
passed over or lightly discharged.
The force Of the testimony adduced by
the defence, he held, was not only unde-
MED, but undeniable. The Common
wealth's Attorney had certainly showed
this at every step Of the argument which
he had advanced. The counsel then read
at length from Greenleaf to prove that
man should never be convicted unless no
other hypothesis can be framed consistent
with the facts in the case. In the case OF
Parkman and Webster, Chief Justice Shaw
held that the circumstances must be SO
conclusive as TO satisfy the mind beyond a
doubt that the accused, and no other per
son, could have committed the crime. All
conjecture and belief, however strong,
must be set aside, and the proof must be
positive, and such as will admit OF no
doubt Whatever. Unless this proof IS so
positive as 10 lead TO a moral certainty OF
HI, guilt, you are bound, even though you
DO it with some personal reluctance, TO let
the prisoner 90 free. The maxim of the
law is that it is better that ninety-nine
guilty men should escape than that one
innocent man should suffer.
After this introduction Colonel johnson
returned to the point upon which he had
been speaking on Tuesday night. All
ihat the Commonwealth could possibly
claim was that the accused and his wife
lad been seen together at sunset on Sun
dav the 18th Of February. Did they then
separate This is the only relevant ques-
ion. We do not care to consider whether
Ne left her from piquc, or she left him
from piuue. We only desire to know
whether they separated at all; and the fact
,f the separation is the key TO the case.
Il. Law down as undoubtedly true that
lLry did separate. Miles Phllllps,a a cltl-
zen of Richmond, than whom none are
more reliable aud respectable, tells you
apon his oath that on that Sunday evening
NE took n walk with his little daughter,
md that when he returned he found the
accused at his house, and that he stayed
there all night.
Mr.. Crenshaw IA juror: We did not
understand him TO say so. lie SAID tnat
ou a Sunday after the 10Th the accused
was at his house.
Colonel johnson accepted the correc-
ton of the Juror, and proceeded to argue
that il could not have been any Sunday
INT The 18th. 1t could not have been the
18th for he stayed that night at MIR. Tur-
Der's. Could it have been the Sd OF
March? Mr. Barksdale, a witness for the
Commonwealth, says it rained and hailed
all that day. Would Mr.. Phillips have
walked ont with his little daughter IN such
disagreeable weather On every other
Sunday in March the accused was at his
ia,Aer's house, in Surry county. But IN
reyard to the date of his first visit we are
mo-, TO depend upon Mr.. Miles Phillips
alone. Oscar Phillips swears that they
slept together on the night OF the l1th OF
February. Now, how dare the Common
wealth deny these statements! What
aave they brought to overthrow IT!
Although they have ransacked the
country, and although the public press has
brought to their aid their emotional and
eHtraordinsry headings and sensation state
meuts, nothing has been adduced to con-
dict with the testimony which we have
introduced. The morning papers have
contained again and again Sew ana ln, +,
portaut testimony for the prosecution
"Tho mystery solved" "The prisoner
seen riding through Drinkers woods"
Overwhelming proofs of IDENTIFY, etc.
But now where is the evidence WINCH sSo
10 dispe! the mystery which snrouos tho
case and TO establish tho guilt or Inc priso,
ncr at the bar! Who has been lntroduceu
20 cont adict the statements Whlcn mlIs 70
Phillips has made before this jury! IL
there is such witness, / beg the Attorney
Tor the Commonwealth now 10 name him.
Colonel Young: Since you desire IL,
sir, Twill name them. Mr.. Meanley ana
Constable Crunp certainly contradict anu
disproye his statements. You may not
have been in court when they testified.
Colonel Johnson: ] read it word lof
word.
Mr.. Crenshaw (iuror): My understand.
iog Of Miles Phllips's statement was tnaI
his only mc1e Of fixing the date was ~
the time Of the difficulty IN REGARD W s1o-
tiny possession OF the house. he aieo
said something in regard TO distress war
rant, a,d, IN reply TO my question, said tnat
Tie prisoner visited him before the Withess
obtained the warrant. ~
Colonel Johnson Yes, but you VIII
'ecot!ect that the witness aiterwaro cor
.ccted the statement. lie certainly men
N1ned the month Of the Visit-~laIe III
February or early in March.
MIR. Crensbaw then said II there was
any doubt about it at all ne hoped tne
witness would be recalled, IS his recollec-
lion about the matter was fixed aud de-
cided.