The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-07

thing Mrs. Phillips said when the accused
was not present.
Cross-examiued l did not see the ac-
cused when Mrs. Phillips said, "There is
Jeter, now"
Judge Crump announced that the coun-
sci for the accused would file bill Of ex
ceptions to the ruling of the court which
admitted this exclamation of Mrs. Phillips,
made in the absence Of the accused.
The Court said that it was deemed ad-
missibie as part Of the res jestae of the
case.
Cross-examination by Judge Crump :
l noticed no unkindness Of the accused to-
ward his wife. When I entered the room
on Saturday she was leaning against his
side, and seemed to be trying TO compose
herself to sleep. | did not see them to-
gethcr after dinner on Sunday. Do not
where Mrs. Phillips came from
when she entered my room after dinner.
I did not see either of them leave the
house.
To Colonel Johnson had known the
accused in a business way while he was in
Mr.. Yarbrough's store. r.u -, sle
COlOuCl blN uOI
Mr.. Phillips send for his trunk
Objected to by Colonel Young unless
Mrs. Waddel knew the fact of her own
knowledge.
The court told Mrs. Waddel not to state
anything which she had heard from SER
want.
To Mr.. Guigon: When they came in on
Saturday evening, Mr.. Phillips manifested
concern about his wile's little
attack Of sickness, and asked her if she
hadn't better take something.
l.. G. Gardner next deposed: was at
the Virginia House on or about the l4th
of February, and saw there Mr.. Phillips
and lady who seemed to be his wife. /
went in the parlor about meal time, and
saw the accused and this lady sitting near
the fire. The prisoner got up and moved
his chair, aud commenced reading news
paper which he took from the table. The
lady Immediately drew her chair near his,
threw her left arm around his waist, and
said, with some word of cndearment, Let
me read, too" Phillips looked around at
the party at the table, and then went on
reading without saying anything. Mr.. Pat
ton and Mr.. Adams were in the room. At
another time saw them sitting together
on the lounge. She had her bonnet on
and veil over her face, as If they had
just returned from walk.
Maj or Patton, who was at the previous
trial introduced at this point for the Com
monweath, is now out Of the city.
Mrs. Celeste Frayser testified: know
the accused by sight. On Sunday the
18th Of February ! saw him pass my house
ou Franklin street, between Twenty-rst
and Twenty-second, in company with a
lady. The lady had q very sallow COM
plcxion, was very thin, and very plainly
dressed. Indeed, noticed them particu-
larly on account of the appearance of the
lady. The style of her dress was alto
gether different from that in vogue
in the city. They passed the house
before sundown-probably between
and 5 o'clock. They were going up
Franklin street toward Libby Hill. |
am satisfied that it was on the l7th of
February, because my sister united with
the First Baptist church on the third Sun
day in that month, and it was on the same
dav that I saw the accused. Referring to
the almanac, found that the third Sun
day was the 18th. After he passed | took
Il walk with a friend; we went few
squares, and when We came back my sister,
in-law had returned from church.
Cross-examined: / knew the accused
Slightly when he was boy, but have had
no acquaintance with him since. My at
tcntion was particularly attracted to him
on the day referred to by the plainness of
the lady's dress. remarked to my sister
in-aw that wondered who it could be that
he was with. I saw him twice aftcrward
before his arrest.
Mrs. Wright testified I know the ac-
cused only by sight. | remember that on
Sunday, the 17tl of February, he passed
Mrs. Frayser's, on Franklin street, while
we were sitting in the porch. He was ac-
companicd By a lady dressed very plainly
for Sunday evening in the city. She wore
purple calico dress, and her hair was cut
short behind. / remarked about her plain
dress and the cut Of her hair at the time.
1t was between four and five o'clock in
the afternoon, and we took walk after
ward, returning before dark. When we
came back Miss Frayser had just returned
from church. saw the accused again
about the lst of May, in company with
some young ladies, at Sycamore church.
Cross. examined had never seen the
accused before that day. Ny sister re-
marked then that that was Jcter Phil
lips" and wondered who the lady was.
Miss Frayser was then called. She tes-
titled that she knew the prisoner by sight,
but was not personally acquainted with
him before the body was found in Drink
cr's woods. On the third Sunday in Fe-
bruarv she saw him at Mrs. Wintrce's, on
Mayo street, at about 3 o'clock in the
afternoon. Mrs. Crawford and Mr.. Bat
terman wers sitting with him. was on
my way to the First Baptist church, where
I attended service on that day. me ser
vice lasted about an hour and halt. l
then went back by Mrs. Winlree's, and
stopped there about ten minutes. Mr..
Phillips was not there then. Mr.. Batter
man walked home with me; and the sun
was lust setting as we reached my bro
theirs house. Ny sisterin-law and Mrs.
Wright came up to the gate just as we
did, having been to take walk. .Ar. Bat
terman did not go in the house, but went
back up town. My sister-in-law told
me
Judge Crump objected to the relation OF
what Mrs. Frayser had said in the absence
Of the prisoner.
Objection sustained by the court.
Witness resumed | saw the accused
again in April, and inquired what lady
was that with whom he was walking on the
third Sunday in February. He replied
that he did not remember going up Frank
lin street with anybody, but that ne walked
up Broad street with Miss Turner.
Cross. examined l did not see MIR. Bay
terman at Mrs. Winfree's when On my way
to church, but knew that he was there
1r, .,,,,1 ba uao there and the