The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-10-31
FIFTY MORE TO BE SUMMONED.

The trial of James j. Phillips for mur-
der was commenced in the Circuit Court
Of Henrico yesterday morning.
The counsel on both sides signifyng
their readiness to proceed, the prisoner
was arraigned by the clerk. The indict-
ment, which covers nine pages loolScap,
specifies that James J. Phillips, on the
| 18th day Of February, iii the year Of our
Lord 1867 - in and upon one Mary Emily
Phillips did make an assault, and that
he, the said j. j. Phillips, with his hands
and fists and with q certain hard, blunt
instrument, to the jurors unknown, which
in his right hand then and there he held +,
feoniousy, wilfully, and with malice atore-
thought, divers times did strike and beat
in and upon the head, shoulders, breasts,
back, belly, sides, and other parts of the
body, giving to her, the said Mary Emily
Phillips, then and there, by striking and
beating of her with the hands and fists
of the said Phillips, serious wounds !;
and with a certain pistol, charged
with gunpowder and one lcaden ball,
did discharge and shoot Off with
malice atorethought against her, wounding
her upon the left side of the head with a
mortal wound, and that with both his
hands fixed and fastened about her throat
did violently squeeze and press; by reason
of which striking, beating, shooting, and
choking she the said Mary Emily Phillips
then and there instantly died."
To this indictment Judge Crump, on
behalf Of the prisoner, presented the fol-
lowing special plea, which was sworn to
l,y phil1ipS q the clprE'S desk
In the Circuit Court of Hcnrco Common
wealth rs James Jeter Phillips Plea 10
the Jurisdictions
And the said defendant, James J..
Phillips, comes in his proper person, and
having heard the said Indictment read i,
says that this court ought not to have or
take further cognizancc of the matters
therein alleged, because he says, that by
the law of the land and the statutes in
such case made and provided this honor
able court hath no jurisdiction for the trial
of the said Indictment; protesting that he
has not in any manner whatever demanded
or assented to such trial, and that he has
never been in any manner before this court
until the finding Of said Indictment; and
this he is ready to verify
Wherefore he prays judgment whether
this court can or will take further cog
nizance of the indictment aforesaid.
Sworn TO in open court by the prisoner,
J. j. Phillips, the Goth day of October,
1867. TEMPLE ELLETT, clerk.
Colonel Young moved to reject the
special plea on the ground that it did not
state what court had jurisdiction in the
case, and quoted authorities to establish
the point.
Colonel Johnson knew that the court
would understand it to be the duty Of the
counsel in case of such gravity to avail
themselves of every means in their power; ;
and he believed this point well taken. he
would not, however, occupy the attention
of the court by an argument which might
be construed as q manifestation OF indls-
position to 60 on Immediately with the
trial.
The Court decided that the objection OF
the Commonwealth Attorney was well
founded. The plea should designate what
court did have jurisdiction in the case.
The prisoner, therefore, should amend his
plea. o,
To this ruling the prisoners counsel
filed bill Of exceptions.
Mr.. Johnson stated that as this prosecu-
tiou was conducted under new law, the
counsel for the defence desired to demur
70 the indictment and to each and every
count. :,
The Court overruled the demurrer, De-
lievipg the indictment to be good one.
Mr.. johnson then moved, without argu-
ment, that the indictment be quasheo )
which motion was also overruled.
The prisoner, through his counsel, tnen
pleaded not guilty: ,, oo1,od
The uenire was then about to be calico,
when Colonel Johnson moved tnat the
writ under which it was summoned oe
quashed. vo,nr ton
dered the record of the examining cour,'
to the receipt of which the ph.,nisd prisonsir,di
counsel objected but the Court , otion to
the objection and also the mo.,oD s,od hill II
quash; whereupon the defence hled Di'
of exceptions. o.. n;re
Robert J. A. Smith was the first VenHe'