The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-07-15
AN APPLICATION FOR BAIL.
INTERESTING ARGUMENT.
BAIL REFUSED.

BAIL REFUSED.
! The announcement in the morning papers
that the case Of j. Jeter Phillips, charged
with tho murder of his wife, would be
argued before the County Court brought a
large crowd to the courthouse on Satur-
day. Fortunately, the weather was cooler
than on the previous days Of the trial, and
the spectators listened with more satisfac-
ton than when sweltering with the heat
which has oppressed court, bar, witnesses,
and audience during the past week. Minis
ters ofthe Gospel, lawyers, physicians, far
mers, merchants, mechanics, and host of
do-nothings, with few ladies, mingled pro-
miscuously in the throng, while "a great
black cloud lowered in the rear and about
the door. All listened with profound at
tention, and hung eagerly upon the lips of
the speakers, who reviewed the particulars
Of the dark, mysterious tragedy, and urged
with vehemence the guilt Or innocence Of
the accused. The prisoner sat in his &C.
customed place, and perhaps with moro
serious air, but with neither surly look nor
hardened demeanor, waited his fate.
Miss Virginia Ragland, the last witness,
was sworn for the defence, and testified
that the prisoner was at her house on the
2Gth Of February. We mad tableauX at
Mr.. Chesterman's on the 22d Of February
and also at Mr.. Priddy's on the lst March.
| We had rehearsal on the Tuesday before
! the lst Of March. and before we went to it
| Mr.. w. w. Phillips and the accused were
at our house. / know it was Tuesday be-
| cause the rehearsal had been appointed for
| that night.
Cross-examined I think the gentlemen
came between S and o'clock ii was
certainly after tea. I have known the
accused since July. He has been at our
house four times since Christmas. He
acted as single gentleman on all occa-
sions never had the least idea Of his
being married man.
! Mr. Young: Did YOU consider him q
| beau!
Witness: I certainly did not.
Mr.. Young (apologizing): Did he ever
demean himself as agentleman particularly
attached to you?
Witness No sir.
TO Mr.. Guigon: Mr.. W. ". Phillips
and the accused went with us to the re-
! hearsal.
W. W. Phillips recalled l remember
| to have gone with the accused in February
last, and that he went home from Mr..
Priddy's and stayed all night with me. We
| took tea at our house, went from there to
Mr.. Ragland's, and thence to the rchear-
sal.
Mr.. Johnson then announced that the
defence had no further testimony to offer,
and the Attorney for the Commonwealth
making the same announcement, the evil
dence was closed.
Mr.. Young: ask the court to send the
| prisoner on.
Mr.. Johnson And I, sir, ask your wor-
ships to discharge the prisoner.
No further speeches were made, and
after moments consultation between the
magistrates the decision of the court was
announced.
Mr.. Justice Peasants: The court de-
cides, gentlemen, to send the prisoner on.
/ Mr.. Johnson: rise, If your worshlps
please, to apply to the court for bail.
Mr.. Young: Before the gentleman pro
ceeds, I would ask him to yield, in order
that the witnesses may be duly recog-
niZed.
Mr.. Johnson yielding, the witnesses for
prosecution and defence were called, and
severaly entered into recognlzance to ap-
pear at the Capitol "before the Circuit
Court of Henrico Judge Christian) on
the 25th day of October next, to give evil
dence in the case Of the Commonwealth
Us. James Jeter Phillips, charged with the
murder of his wife, Mary Emily Phillips" !"
Mr.. Johnson Believing that our client
is entitled to bail, we would respectfully
move that it be granted, and in support OF
the motion my colleague, Mr.. Gulgon, Will
address the court.
Mr.. GuicoD, commencing his argument,
CONGRATULATED the court that this pro-
tracted and important trial was now being
brought to close. The application, he said,
is for bail, and about the law there can be
no DISPUTE. A refusal must be? grounded
on the fact that there is good reason 10 De-
lieye. from the evidence in the case, that
the prisoner is guilty Of the charge. fou
may send him on, but unless PROOF w oi
guilt is positive, you must admit pail. we
admit that the parties we're marled, ana
care not to deny that they came to Ricn-
mond together. 1t is not our purpose "
deny that Mary Emily Phillips was mur'
dered, and we will not, so far as TINS es-
animation is concerned, deny tnat e nel
BODY was found in Drinkers woods. we
are here to deny that the prisoner Is eulity
of the murder of that womar. Ihis IS ine
only legal question. Is there reasonable
canse to believe that the prisoner IS guilty
of the crime? Whatever moral con-
yiction may be in the mind, not one par
ticle of evidence has been adducea to
establish the charge. Circumstantial evl.
dence may be strong, but by the -; same ne
kind of testimony the Common"ealtn. nas
proved for us that the accused coula ho'
have murdered this woman.
Briefly alluding to the pystery hocand OF .ns
case and the popular prejudice ne ss pegsou =.
the court to look az IL rom n;dsnce s,y, is the
strongest rm evidence, but every link must be DC
complete. Here it is not. With all mel
re tho Commonwealth has utterly falleo