The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-15

More Evidence 10 he Heard To-Day.
At the opening Of the court Yesterday tht
counsel for the accused proceeded to call tn,
witnesses for the defence.
Oscar Phillips was recalled by Colonel
Young, who inquired whether the accused
brought any baggage with him on his visit tC
Mr.. Miles Phillips. Witness replied that lie
had Il trunk there previous 10 his visit: Il va
lSc was there also, but whether il WIS there
before he came, Or whether he brought il with
him, he conld not say.
To Colonel Johnson: l refer TO the last visit
of the accused. The trunk was brought after
the first and before the second visit. II was
carried away when the prisoner left for Surry.
To Colonel Young: | don't say that the
accused brought Il uUnk with him on either
visit, but think he may have brought the Va
lse on the second occasion. | don know cN-
aGtly when the trunk came, but l first saw II
when il WAS brought up stairs from Mr.. sam
Philips'S room into mine. DO not know OF
his having any baggage when he came on the
Eth of February.
To Mr. Guison; The accused opened the
trunk and took ont pair of boots and 4 col
lar. i do not remember whether ii was locked
or not.
MILES DrvAL EXAMINED.
Mr.. Miles Duval testified: l reside about
nine miles above Richmond, and am Il neigh
Dor of Mr. Josiah Pruett. Mr.. Turnkey MI.
Pructt, and myself, threshed our oals to-
gethcr l think on the 10Th of February. |
iX the lac in my mind because l saw in the
Dispntch rcpcr. of Mr.. Pruett's evidence that
we thrcshcd on the 18th. ! then looked into
the matter, because | knew that We threShed
on Tuesday, and by reference 10 the almanac
! found that Tuesday was the 18th. PurSu'
ing my Investigations further, and examining
my note book, / became satisfied that we did
threSli on Tuesday the 10th of FEBRUARY. l
examined the matter thoroughly, because |
was summoned by the Commonwealth TO tcS-
rty AT the examination before the Magis-
trates' Court.
Colonel Young stated that Mr.. Dural was
not examined by the Commonwealth because
he seemed to be in doubt about the dates, and
- first talked one way and then another.
EVIDENCE OF J. +. b. JCDE.
Mr. Jude was next called. He testified: |
live about thirteen or fourteen miles from
Richmond. On the 18th of February last, ~
about IL clock, | met the accused coming
toward my house. After Il few moments con-
versation he went On To The house, and pur-
sued my crrand. | Wen! after hog and on
M. return, about the middle OF the day, the
accused assisted ne in taking the animal ont
of the cart. made 4 memorandum about
the hog in my note book, with the date Of The
occurrence, ana by the entry then made
identify the date. The accused remained with
me until The following Friday, the 22d, when
he started fur Richmond. | Went with him
narl of the way He rode my horse and |
walked am sure that il was Friday, because
thai WAS my mall-day and one object III my
accompanying the prisoner was To go TO The
poStoilicc.
Gross. examined The accused is my nephew.
did not have my note book with me when
.ryaluiueu before Justice NeltlcS, but had IL ut
the County Court. J usc the book for misccl-
lincouS purposes frequently note domestic
transactions, but don't remember making but
one other entry this year.
Colonel Young called Mr.. Jude Sattentlun 10
the fact that the book was III Il very dllapi-
dated condition, and had many leaves torn out.
The entry in reference To the hog WAS by itself
in the middle OF The book
70 Colonel Young: l do not remember that
the accused told me anything about where he
had been or what he WAS sabout. had not seen
him before since the sale OF 1arbroush, Phil
lips X Co. / did not know that he was mar
rina man. and had no suspicion OF such Il
thing.
nvlpExcg or JESSE BARR AND LUTHER DuvAL.
Mr.. Jesse Barr was next called lie test
fled that some time after last Christmas Mr..
.Iude borrowed 4 hog from him. Witness
could not say exactly when IL was. MIR. Jnde
kept the animal for some length OF time.
Luther Duval testified that he lived in the
ueighborhood of Mr.. Judes. In the early
part OF the year he saw the accused one day,
with Mr. ude, coming down the road toward
Richmond. lie WAS introduced 10 the ac-
cused Thought the prisoner IT the bar was
the m;ln 10 whom he was introduced Never
saw him again until III court.
w. rURNLEY's EVIDENCE.
+. w. TURNKEY next testified. lie stated
that he threShed oats on the 18th OF February
with Mr.. PrueIt on Mr.. Durals machine He
identified the day because the following St-
tur,i;ly was the 25d, and lie threshea OATS on
that day. His attention had been called 10
the date, since the arrest OF Ihiillps, py MI.
Pruett. , -.
Cross .examined l made memorandum OF
the date in :; pocket book which have Ut
home Have never referred to memorandum,
but looked i'll the almanac and satlsneu my
self. l sowed the oats rather early, but III Was
pretty weather February 23). l conferSed
with MI Pruett about the matter sometime
after the arrest of the accused. Reference
WAS made TO the almanac in order TO find the
date OF the prisoner visit TO Mr.. Pruett 5.
! have looked 1T the melnoltndum frequently
since il was set down.
MILES PHILLIPS RECALLED.
Mr.. Miles Phillips was recalled 1T his own
request 10 correct Il mistake in his testimony
on "Wednesday. He testified that he had made
= mistake in regard 10 the date of the distress
warrant for rent against the occupant o1 MS
house
Colonel Young: l call for that warrant.
Let il be produced III court.
Colonel johnson insisted that the witness
should be allowed TO correct his mistake With
out the production of the paper
Colonel Young replied that this witness had
Defn lulIOuuCeu W sHTpig 80
link in the evidence for the defence. He was
TO prove the time OF the prisoners visit, and
has only recollected that time by meins OF
certain facts in regard to the dateof 4 distress
warrant--the ciectment OF u tenant. He mad
delibera tely stated Il certain fact III regard 10
that date and now, after Colonel johnson
had suggested privately TO him that lie might
IN, in error, the witness proposed TO come into
court and, without again seeing the warrant,
cnrrect a mistake in accordance with the sug-
nn.,ion of the counsel. II was said that MIR
Phillips came forward with frankness There
might be policy in trankness. If this date
US now TO be established, let the warrant be
t,rourht forward by the proper officer.
Iudce Crump rcioined, reviewing the testi-
,oonv of Miles Phillips, and alleging that m ahe
,a;n,,te was committed under 4 rattling fire
M DISCRIMINATION BY whatever means
~ tha error had been discovered, he shouia Dc
an opportunity 20 sorTss! Ire e. Christian
II ,hat ,ba discussion had embraced SUB
iees rather more suited for the eonslderatol hian
Of the jury than for the court: As As no oIiee ov