The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-20
LOCAL MATTERS.
THE DRINKERS FARM MURDER.
TRIAL OF J. J. PHILLIPS.
SIXTEENTH DAY.
SIXTEENTH DAY.
Speeches OF Mr. Guisou, Judge
Crump, and Colonel johnson.

Erump, and Colonel johnson.
HIGHLY INTERESTING ARGUMENT.
The crowded state Of our columns COMPEL
ed us to omit yesterday Il large portion of the
speech Of A. Is. Guigon, Esq, which was
continued until 4 late hour on Monday night.
| At the opening of the court yesterday morn
| ing Mr.. Guigon resumed his argument, and
| proceeded TO review at considerable length
the speech Of Colonel Young, arguing with
| much earncstness against the propositions ad
r;lnced. He held that the supposition that an
attempt had been made TO violate the person
| of the Deceased was not inconsistent with the
| facts in the case. Where WAS that poor wo-
man on the night Of the 18th? The Common
| wealth has failed to show, because the person
| in whose house she was had an interest III
conccaing the fact. 1t is not for us to say, as
| we have shown that she was not with our
| client. That she must have been somewhere
! alive. is shown by the condition of her cloth
| ing and BY other circumS tanceS developed in
| the testimony Here we find one of the most
! apparent gaps in the cain of circumstantial
| testimony which the prosecution has present
ed for our consideration.
In conclusion Mr.. Guigon insisted that the
iury should remember that they could not
| convict the prisoner on mere suspicion OF his
guilt, but that the evidence must establish II
| be-, ond all doubt.
MIR. G.. w. Thomas followed Mr.. Guigon
but only TO say that the patience of the
| jury must be tired by so many speeches, he
! would give way 10 his associates. lie be-
| Iicved, however, that the position of the
counsel for the accused WAS ilnprcgnabe, and
| that the jury could not for Il moment think OF
| convicling the prisoner upon the testimony
| which had been introduced.
| srEECH OF JUDGE cRrMP.
| Judge Crump then commenced his argu-
mcnt. He said that in this remarkable case
/ tl1,lY YNrISn nm
| Jury system of our State. 1t is the duty CT
every Juror TO see that, in spite of the susp,
| cion which crowds upon this man, he receive
| Justice without prejudice or passion Ii he sat
| upon 4 Jury like that III this case ne would
| feel Il pride in sitting in that high atmosphere
| in which the law had placed him, and before
| convicIiug this prisoner would insist upon
absolute proof of his guilt, in order that, II he
| was convicted, he rs 4 juror would be prepared
| TO render an account for his blood 1T the great
day OF Judgment. III the spirit of the solemn
| oath which they had taken, he begged the
| Jurors TO enter upon their work with fear ana
| trembling In this solemn inques: they were
| TO be governed by the lights when the Ia"
has thrown upon the shoals of evidence, and
10 be guided by the Instructions SO PLAINLY
| laid down by his Honor upon the bench.
| Judge CrGmp then read the instructions
| with some comments. They left, in his
opinion, no room whatever for conviction
| upon mere probability of guilt. You must
| move forward step by step upon solid foun-
| datiou as the elephant is said cautiously 10
| advance. This is no place for rumor, gossip,
| or imperfect testimony. The nina must oe
| thoroughly made up, and there must DC gooa
reason for the action which you take. You
have TO deal only with facts-Wel- established
facts "No degree Of probability" says the
court should lead TO conviction. NO INK
| OF the chain must be incomplete or want
| ing: but il is the work OF the Juror TO look
at il with the eye of IN expert and while 10
:; casual observer the chain may seem Whole,
| that eye must be quick 10 detect 4 deilclency'
| however slight.
The consideration Of this case must be in
| great degree metaphysical. 1t is no ordinary
| case where one man is Setn TO k!ll another
! The author Of the crime Is reiled IN deep mSs-
| terry Ii is Il crime which calls lorth sympathy
! even from the most Unteellng heart. n poor
| woman has been murdered in cold blood, ana
her pure soul, let us hope, is now enjoying lts
| great reward on High. But it is only natural
| that every soul should recoil with horror al
! the recital of the deed, and every hand be
| lifted 10 strike the miserable perpctrator OF Il
| crime so foul. Will ii be said that TINS uh,
| happy boy committed it? we nave proved
that he was separated by miles from ..le ml..
| fortunate victim. No one saw the murdeFes
| raise his cruel hand. No direct testimony Nus
| been introduced, ana therefore we can draw
| our inference from circumstances, ana lhls III
| ference must lead us TO m0rdi ceTtd'hy. 800
| The counsel then proceeded TO show the dlf-
| ference between moral certainty and mathe-
matical or demons ratlve certainty, quolihs
| from Wills TO establish the views "hich ne
1
| must be as strong and us firm aS those OF lle
latter, though the modes OF deduction may
| differ. AS 10 the remarks OF the Attorney lol
| the Commonwealth, i'll which lie 50 frequently
alluded, TO the flct that the ilnSer OF Iroo was
| upon the accused, and that the Almighty mad
| not designed his escape, the Judge sala tlli'
such IN idea WAS but relic OF oaroalous
| superstition. There is, perhaps, some poetic
| authority for the QoclTlne VI speeiai Pio'4
| dence in the line,
"There il Divinity which shapes our ends
| But while we are called upon to believe that
| not Il sparrow falleth TO the ground without
| the notice of the Deity, against the extreme
! view of Divine interposition Jurles are esPe'
| cially TO guard themselves. The attorney seems
10 have fallen in with the old superstltlous lue
| thar murder will out"-an idea when mas
| too often influenced the puohc mha anu
! when il has invaded the charmed circle occu-
p.d by a Jury, has, perhaps, brought more
| Than one innocent man 10 unmerlted punish
ment. -, - a.
Circumstantial evidence is secondary or oe-
riva1iye evidence. II is used when, In the up-
sence of direct testimony, 4 fact is proved oy
circumstances. It's value depends upon llS
nearness TO facts already proven, ana aeGr eases
in proportion to its remoteness. III ti,is
case the prisoner can only be conhecleu win
the crime by circums tances the most remote ];
and if conviction is the result OF the trlal, ~
will be against the instructions OF tne coul'
With his logical mind, and with al ms re-
markable skill, the CommonWealtns httoH-
nev has assumed 4 burden which he cannot
bear .,, oa,,
While we would not hold that no man can
be convicted on circu:nstantlal evidence, we
do insist that IL is Il dangerous course. mo
cannot call 10 mind instances III whlch luus
meut formed from the consideration OF sus-
picious circumstances has proven 1allaclouS'
and persons have been unJustly cohaeliiieu'
We are apt 10 grasp any threau WHICH VIC
have reason to believe Will LEAD us 10 Tue solu
| ton of a mystery, but we'll balanced nlhus
are always the last TO spring W hhsty
conclusions. Expectation TOO frequent
stands on tip-toe for u vlctln' anu ~ iiaa - a
these cases that jury OF honest men Is , e,Ia.u
upon TO stand up i'll defence OF an iihoeun i,Is
man Again, it is not enough that you sliou.a
draw your differences from the evidence VI 'he
Commonwealth alone. Or evidence mus pe
considered and duly weighed. FROM IL can !.
no, be inferred that the prisoner couiu mo-
possibly have committed the crime win
which he has been charged Ii must oe con-
sidered whether the commission OF the crime
nv the accnsed is consistent Win tne luis
,ybich the defence establish by unlHpe'tcna.
bio testimony All writer's agree that ah dItot
which covers the whole ground Is .he Wy
hast defence which can be offered. Inc "a l'n-
SnIuess of that which we offer has not peen IN
any respect shaken. -, -. ,,r,,os. N
Tha Iudge further said he did not propose 10
o ir,o - review of all evidence III TINS ctse' nut
s,ar.iv IN consider the principal criinlhatins
,s, ,iITonv The first circumstance upon Wnlcn
10 60 ;nonwealth relies Is the concealnhent
~ ,ccuscd of the fact OF his MstrIiasea
.ya ,va m hang him for this concealineu. !,
49, 60 the criminality OF the actr ne uta
,a'''.aa, rho marriage from his family, uut NV