The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-07-13

was under the impression LnaL Tue WoHlan
had been shot after falling to the ground
Cross-examined think that if person
had walked along the road to the spot the
shoes would have been very vet if not CO.
7ered with mud. The CATERS Of the de-
ceased had very little mud upon them.
Mr.. Young: Was the trail of the dress
wet or dragged? I should suppose it
would have been had the lady walked along
such muddy road as you have described.
Mr.. johnson: That would depend upon
whether the lady adopted the fashionable
mode of lifting the dress.
Witness The dress was tidy and little
soiled.
To Mr.. Guigon: 1 am pretty sure, and
give my opinion as physician, that the
body could not have been there for more
than t,ro or three days.
Mr.. Fleming Ford, who lives about nine
miles from Richmond, bore testimony to
the good character Of the accused. One
day in the latter part of February the
accused and Mr.. Joseph Jude took dinner
with him. When they left, Mr.. jude was
going home and Mr.. Phillips to Richmond.
B. F. Pitts was recalled by Mr.. Thomas,
and testified that the department of the
accused to his sister was always affection
ate during his visits to her. He wrote to
her regularly, sometimes twice q week,
while he was absent. She was always
affectionate towards him.
Cross examined: The accused always
assigned some plausible reason for not
taking my sister away with him. He said
in his letters that he had been in business
with Mr.. Marlborough and acousin named
Phillips, and had been doing lucrative
business, but Mr.. Marlborough absconding
with large portion of the profits, they
had lost all. Marlborough, he said, was an
accomplished scamp, and had acted vii
lainously.
The defence desired the presence of
one more witness, but in his absence the
counsel stated their willingness for the
Commonwealth to proceed with its
REBUTTING EVIDENCE.
Mrs. John W. Frayser testified that the
lady with whom Phillips was walking on
Sunday the 18th of February was certainly
not either of the Misses Turner.
George Drinker testified that the pond
to which the negroes had referred in their
evidence, given above, was four or five
hundred yards from the spot on which tho
body was found.
Mr. Johnson, who had visited the local-
ty, expressed a different opinion from the
witness. But it seems that there are three
different ice-ponds, which are not far
apart; aud some difficulty was found in
ascertaining to which of the three Flem-
ing Christian had referred,
Mr.. Edward Palmer testified that he
heard of the finding of the body on
Friday morning. He met the &C
cused and Mr.. George n. Turner on
their way to town, and asked Mr.. Turner
if the body had been identified. He said
no one had recognized the woman. The
accused made no remarks. Witness had
been intimate with Phillips, and had jolzed
about getting married. The accused told
him he had no idea of such a thing, and
begged him not to mention girls.
John III. Batterman recalled: When
the accused was with me on the 18th he
promised to call on the succeeding Sun
day, but being unable to do so, he wrote
to nc from Su-ry apoiogizing for the ne
glcct. This letter was written on Sunday
the 10th, the second after the 18th, and
by that I remember the date of my seeing
him in Richmond. The letter was ex.
hibited and read in court, but contain.
ed nothing but private matters.
W. W. Phillips, being recalled for the
defence, testified that his memory had
been refreshed in regard to the date OF
the accused's visit to his house, but as the
statements of third party were necessary
to prove the fact, the court decided that
the third. party must be present. AS his
informant was a young lady, Mr.. Phillips
was unwilling to give her name, but
yielded to the direction of the court, and
the witness was Immediately subpTnaed.
A recess Of about thirty minutes was then
taken by the court, while the sheriff went
after the young lady.
The officer returned after long alb
sence without the witness, she being re-
luctant to make her appearance in the
courtroom. A rule was therefore order
ed to be served upon her to appear at 10
o'clock this morning to "show cause why
she shall not be fined for contempt of
court" in refusing to obey the summons.
The court then adjourned until 10 o'clock
this morning, when the last witness will be
neard, tne case argued lot prosecution anu
defence, and the decision of the court an
nounced. If it is decided to send the
prisoner on for indictment, we learn that
his counsel will insist upon the accept
ance Of bail.
New CARS FOR TIE STREET RAILWAY
A short time since Mr.. George \. Ainslie
went to Wilmington, Del, where he pur-
chased two cars for the city railway. They
have been shipped, and are expected to
arrive here in few days. They are
twelve feet long, but of the same width as
those now in use, which are fourteen feet