The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-23
THE PHILLIPS TRIAL AT LAST
CONCLUDED.
NO V z R D l C T.
LPRISONER RENANDED TO JAIL.
HOW THE JCRF STOOD.
NO V E R D l c T.
HOW THE VRF STOOD.

At 10 o'clock yesterday morning tn
usual large crowd Of spectators filed th
hall of the House of Delegates. The judge
jury, counsel, and prisoner, were promptl
in attendance.
In reply to the question Of the clerk
the foreman Of the jury reported tha
they were Still unable to agree upon
verdict.
The Court Gentlemen of the jury,
regret to say that stern sense of justic
and duty compels me to keep you.furthe
together. In an ordinary case my cours
would perhaps be different, but in cas-
of such magnitude and Importance fee
it my duty to say that you must have NOR
time for deliberation.
Mr.. Crenshaw trust the court vii
| allow me to say one word in our behalf
Unless the personal discomfort Of tn
Jurors and their families is designed, W
cannot see what object will be attained b.
keeping US still longer together. If eacl
of US were to be interrogated by the Cour
it would be discovered that since our frs
retirement there has been no conSidera
tion nor discussion about the case. AnC
if we were to be kept in confinement for
week, we are convinced that there can b.
no result achieved. The opportunity TO
consultation and comparison Of uie1cS ha
not been and ,ciU not be auailed Of. Yol
are merely putting the Commonwealth t.
unnecessary expense, and deprivng Il
still longer of the comforts Of our homes
The Court: I assure you, gentlemen
that my task is most unpleasant. But yol
must compare views, and definite con
clusion must be arrived at. Under ordi
nary circumstances the remarks Of you
| foreman might have some weight, but, a
before stated, the gravity of this case de
mands that I should submit it to yol
again. The sheriff will escort you to tht
Senate chamber. The prisoner will bere
manded to Jail.
The court then took recess until
o'clock. The jurors, with long faces, fol
lowed the sheriff to their room, and tn
crowd slowly dispersed.
AFTERNOON SESSION.
At 2 o'clock the court redssembled, ant
all the jurors were found present. Th,
foreman stated that they were still unable
to agree.
Judge Christian then addressed the
jurors as follows: Gentlemen,-I have fel
it my duty to confne you as long as there
seemed any possibility Of your agreement
l am now satisfied that you have had sufti
cient time for deliberation, and that'youl
longer detention would be needless perse
cution of jury whose patience and healtl
have been already sorely tried. | must
say, gentlemen, that through many incon
veniences of day and night session, you
have manifested patience rarely equalled
thank you for your continued attention
You are now discharged"
The witnesses for the Commonwealth
and defence were then recognized to ap-
pear on the 25th of April, 1868, when the
new trial will take place. Rules were
Issued against those absent, rcturnable al
II o'clock this morning.
After the witnesses were recognized, the
sheriff was ordered to take charge of the
prisoner. Phillips seemed to be rather
pleased than otherwise, and quickly held
out his wrists to receive the irons. He
was then taken down to the county iai
and placed in the gloomy cell, which for
five more months must be lis dwelling
place.
Much curiosity has been manifested to
know exactly how the Jury stood, and
street rumors have given several incorrect
versions. The state ment which follows
may be relied upon as correct. When
the Jurors retired on Wednesday night,
Mcssrs. William Ready, w. E. Walker,
and Eugene A. Green were in favor Of the
acquittal Of the prisoner. Subsequently
the opinion of Mr.. Walker was changed.
Messrs. J. K. Crenshaw, William Chris
tian, Norman Smith, L. Kepler, j. NJ.
Carter, D. NJ. Harlow, w. S. Woodson,
T. w. P. Goodman, W. E. Walker, and
Joseph Rennie (ten) were then for convic-
ton, and Messrs. Ready and Green (two) for
acquittal. The same count was made be-
fore the jury came in at 2 o'clock yester-
day.