The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-20


Ject. Hence IL was necessary to ask his Honor
TO guide them to logical and correct conclu-
sion. therefore, upon the judgment OF the
court being invoked, he would give them
such instruction as would enable them TO give
it fair and just consideration. Before the
jury could convict the accused they should be
satisfied OF his guilt beyond every reasona BILE
doubt. In the instructions given by his
Honor this was emphatically advanced.
He then read and commented on the instruc-
tions OF the court to the jury upon the neces-
atty of satisfying themselves OF his guilt 10
the exclusion Of every doubt.
When first he was called TO see that boy he
did not know him ; he knew not his charac-
ter, his name, or his paren tage. Through his
prison bars he heard his call and answered
it, he remembered we'll n circumstance which
then happened. He remembered when the
prisoner asked him to bring him something to
read Among other things, he brought him
pious book. He saw him copy I little prayer
contained among it's pages. 1t was the sweet
est little prayer he. had ever read Father
of all hearts, etc. Though yet he had not
seen his father, mother, sister, confidential
friend-no one who loved him-he felt then, rs
he had always since felt the profoundest and
most ANXIOUS interest in his fate. He wished TO
God he could speak rs he wished. He wished his
lips could swell with eloquence, and that for
once in his life he could express the feelings of
his heart and its honest convictions with lips
that hreathed and words that burned. He
would not invoke the rage of God upon his
everlasting tomb, but he could stand in the
presence of God and man and declare, as he
expected to be judged when the last trnmp
should sound to awake the dead TO judgment,
and that roll call should be sounded from
which there should be no absentees, that he
believed the prisoner entitled to 4 verdict OF
not guilty. He had no hypothesis to raise;
he had no snrmises and conjectures about IT,
What the fate of that lady was he did not
know but from the evidences of her charac-
10 IL tt,f 4, -bn hnF nH
in to the valley Of death. He doubted not but
thai she was one of the angels sitting by the
great white throne of Heaven, singing
hymns of praise with the cherubim
and seraphim. But they were sitting,
not TO find out what became of her,
not to say whether or not she was mur-
dered THE question was whether there was
legal and satisfactory proof that James Jeter
Phillips murdered her and whether he did
or not, unless they were so satisfied beyond all
doubt that he did, they must acquit him.
1t was laid down by all the writers upon
crcums tantial evidence that juries should not
Jump to conclusions. 1t was not every man
who could help doing this. 1t was not in the
power of every mind TO connect all facts so as
10 come TO Z logical conclusion. Especially so
in these times, when passion had run ahead
of reason, and the human mind, that God
like spring of action, had lostits balance.
Look back into the dark ages, and n crime so
heinous as that with which the prisoner was
charged has seldom ever been recorded. LOOK
at the prisoner, 4 beardless boy, as, when the
tocsin of war was sounded, he barred his arms
for the conflict and rushed to the defence OF
his country's honor. We found him 1ghtihg
the battles of his country until the memori-
Bile day 1T AppomnttoX, when he laid down
his arms with the noblest band Of martyrs
who ever fought for homes and tiresides. AND
he kill q woman Here q feeble demOnslra-
ton Of applause WAS raised. The udge sad
Gentlemen, remember that you are in Il
court OF justice, where sucn demonstrations
are nerer allowed. The sheriff will arrest all
patries induging in such demonstrations.
They will be fined and imprisoned" u
During the experience Of his campaign the
young soldier was taken i'll. He was sent to
the house of Mrs. Pitts. There with the
kindness which ever characteriZes the daugh-
iers of Virginia, the sick man was nursed
there he remained until convalescent. he
there made the acquaintance winch LED 10 u
marriage in every way unsuitable on Doth
sides. He boy she nearly OF middle age.
When the war was over, and his sword was
sheathed, he went back TO see those to whom
he felt so grateful, and married the lady whose
especial care it had been TO minister IL his ned-
side. Ill-fated union He little knew what
he did His father was ignorant of the match
his mother never heard the story; his lovely
sisters supposed their brother still Il single
man. 1t was not told even to his most con1l-
Dental friend. Still he was true to his mar
riage vows. Where could he take her? Where
was he TO find shelter for the woman whom he
had chosen? He knew not what TO do. He
had not the moral courage 10 confess ms SIN
for sin il was, us he was yet boy. w nat dld
he do? He did not plunge into dissipation, or
spend his time in lounging idleness. No +!
Anxious TO make some provision Tor himself
and trying TO get in 4 situation 10 support MS
family he tCe,lt 10 ,cork At length he brings
her TO Richmond. Where? Where ms father
mad been where his uncles lived where an
n,,i n her of his
ances reside. To the Virginia House, III the
centre Of the city, and on one OF tne most ire
auented streets They remained At that house
on Sunday night, nothing peculiar character
Zinc their department. There was one little
scene of affection which the Commonwealth
has brought into the case, but 1t merely proves
that the wife was demonstratire, while the
husband was not.
Colonel Young Gnterruptingl: | merely
brought that in TO show her alcctlonate dis
position.
Colonel johnson: My dear sir, you have
unconsciously allowed your passions to get
the better of YOUR usual good Judgment. In
this case YOU have certainly proven yourselt
10 be one of the most infatuated men ever
knew. ,,,
After this good -natured by-play, Colonel
Johnson continued his review OF the proceed
iurs of the accused and wife during Their So
iourn in Richmond. He took occasion 10 pay
4 high tribute To the department OF Mr. Dat
terman rs q witness referring TO his quick
ness in correcting n mistake, and his prompt
acknowledgement "nen lie uiscoNeieu lh''' LAG
was wrong.
Conceding, he said, that the accused and ms
wife did meet on that Sunday afternoon, ana
were seen Oh Franklin street, they must elther
have continued together or have separated.
Which did they do This is they key OF the
case so far us the prisoner 1T the bar Is con-
cerued Was lie 1T Miles Phillips's within
less than an hour after the separation, or not !
Ii he was, the Commonweaitn yieios n; r;ias ;he
uoint. If not, we must believe that Miles
Phillips and Oscar Phillips have perJurea
themselves The former Is as respectable Il
man rs there is in the CITY OF NlcuMonu. hc
saws he is positive that the prisoner stayed III
his house on that night, ana gives the reason
for his belief. oscar IAlllips says he Sief
with him. ..,;o,
having occurred, Judge Crnmp stated that
his associate, Colonel Johnson, was SO un-
we,l tbat he could scarcely stand on his feet,
and begged the court, therefore, 10 ADJOURN
until this morning. .. -
A Juror objected, urging that the patience OF
the Jury had already been tried too much, ana
that it was time the case was brough. 10 Il
Judge Christian said he was exceedingly
anxious 10 get through, but would OF course
adjourn if the counsel was loo un"eh " pro-
ceed. ,., ,u tb;s
morning at nine o clock. After the CONCLUSION
Of Colonel Johnson's speech Mr.. Young Will
reioin after which the case Will be given u
the jury. ,,o,,, -
be MT its highest pitch. A larger crowd th;tn
ever before was in attendance yesterday, ano
scores went away unable to get even standing
room.
NEGRO Man DRowSED.-On Monday hlSh,
between the hours of IL and y 0 clock, Danlel
Ross, negro man, walked into the canal, by
accident, at the foot of Eighth street. His
cries for help We're heard, but assistance coulu a
not be given him in time 10 save MIN IRON
drowning. His hat WAS found hoating on the
water yesterday morning, and the TACT o,
its being bloody gave rise 10 the susplcloh tnl'
he had been murdered. Upon inquiry, no"
o,..r fnuud that he had fallen UOWE