The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-14

| had last seen the accused before. Do no.
know whether or not l saw him during tbs
month OF January. I bought the house on the
I lst OF September with the understanding tina
the occupant would go ont In January bu'
he disappointed me. He then put me off until
the 18th Of February; again until March
18th; again until April 18th and at length
went out early In April. The sheriff arranged
| the time with him II last
! Colonel Young When did you tell the ac-
cnsed Of yonr arrangement with the tenant.
/ II You did not see him in January
witness do not rem ember when any par.
! ilcular conversation occurred.
! Colonel Young: Did you not say II the
county court house that the prisoner must
have learned il from your family, and that
you did not remember conversng with him
Yourself about 1t?
! Witness l do not remember exactly what
l said then. l have no specific recollection OF
| any particular conversation about the matter.
l may have mentioned II 10 him on the street,
or he may have been At my house. can t
fix the date Of the prisoners visit except by
the inquiry concerning my disappointment
He came 10 see us again sometime afterwlrd.
! do not know where the prisoner went the
next morning. An omnibus came for him
one morning, but l don't know positively
whether twas on the first or the second visit.
Do not remember saying st the previous eN-
aminations that the omnibus came on the frst
occasion.
Colonel Young Do you not remember, Mr..
Phillips, saying on previous examination
that you could not remember ever having
talked with the accused about the house be-
fore his visit, but that some Of your family
might have mentioned it to him i?
Witness don't remember saying positive
ly anything abont that. l was never disap-
pointed about getting the house until the 18th
of February. l am not certain how long al
terward it was before I saw the.accused.
To Judge Crump the witness observed
apologetically that he was under the impress
sion that when before the County Court he
testified to the magistrates and not TO the
newspaper reporters. He believed that his
statement to the jury was substantially the
same.
To juror: had not put the affair about
the house into the hands of the sheriff when
the prisoner made his first visit. think
destrained in the last week of February.
When he made the last visit the constable had
charge Of the affair.
To Colonel Young: l feel pretty certain
that the prisoner was 1T my house before
sued out the distress warrant, but can I re-
member any fact which fixed it in my mind
The second visit was made on week day
EvIDEScE OF OSCAR PHILLIPS.
Mr.. Oscar Phillips testified that he was n
cousin of the accused. lie remembered see
ing him at Mr.. Miles Phillipss on Sunday
night about the middle of February, when he
slept with witness He came again about ten
days after, ION Saturday night, staid two
nights, leaving early Monday morning TO go
to his fathers, in Surry. Have no recollec-
ton of seeing him for some time prior to the
middle of February. He only fixed the time
of the first visit by the fact that at 4 bout that
time there was considerable talk in the family
of Mr.. Miles Phillips about the failure to get
possession of Il house into which they had eX-
pected TO move on the 18th of the month AT
ter the accused left after his second visit, wit
ness did not see him again until after he was
arrested
Cross examined Have been boarding nj MIR.
Miles Phillips's since the ''lniddle part OF the
war"
To Mr. Guigon: recoIlect that the second
visit was made on Saturday evening, because
l shaved that night, and only shave on Sa-
turday evenings.
To Colonel Young: On the first occasion the
accused did not say anything about where he
had been or where he in ntcuded TO 20. L re-
member that hc came home on Saturday
night. | remember that il was Saturday
night from the fact that ! came home from
work that night earlier than usual. l slept
with the prisoner that night, but don re-
member that we had any conversation. /
could not say that ! asked him what he
vas doing where he had been, or whore
he was staying 1 did not know that
the prisoner was n married man. ! don
remember what lie said that uight, or what
he talked about. l do not remember what
lranspred that night, except that the prisoner
thought Of it afterwards. either before or
after the arrest Of the accused.
TO Judge Crump: l remember that the ac-
cnSed was ut our house twice during the 'e:ir.
When he was there the last time he left III n n
omnibus with the ayowed purpos" of going 10
Surrr county.
TESTIMONY OF JOSIAH rRUETr.
Mr. Pruett testified: ! have known the ac-
cused since he was small boy. | married his
aunt l live between the Three.Chop and
WryXen roads, nine miles from fichmohu
The accused came TO my house atabout uaIk
on the 18th of last February, and staid All
night until after breakfast the next morning
When he left he said he was gong 10 ms
rrandmother'S, Mrs. Jude's. lie stated thal
he had come from Rich mond with Mr.. Ford rs
far as the forks of the road at which IL IS
necessary TO turn off TO go 10 MIR. Ford $
house. He walked the rest OF the way 10 my
house On the morning of the 18th he left my
hoase l went 10 Duval's 10 thresh oats. anu
didn't leave my house until he had ieit. L
have never heard any thing against the pri-
soner He always bore the character OF Il
quiet, peaceable and amable man. / dldn'
ask the prisoner anything about ms past
movements. l hadn't seen him for iive or SIX
months previously. l don't remember the
prisoners ever speaking of being IL married
man. | don't remember what he talked aooul
when at my house. When | heard OF his
arrest l Immediately recalled the tact ana
time of his having been At my house nave
no doubt III my nina us W p.cClSc llilAS "a
the prisoners visit to my house.
EVIDENCE OF JACOB FORD.
have known the prisoner since he was Il
small boy I saw him some time in the ear
lipr part OF this year. l don remember the
month 1t might nave been in the latter part
of February or the first of March. l met
him on the road TO Mr.. Pruetts in the eve
ming, and he rode with me until l turned oil
from the road to Mr.. Pruett's, which was
about a mile and n half from Mr. Pruetl $
house was on my return from ltlchmond.
| know that it was this year that met him,
because we have had no Christmas since l
saw him He met me 1t Mrs. Fishers, Just
ontside of Richmond, and he was walking III
the direction of MIR. Pructts. We Wen into
Mrs. Fishers, but didn't stay long. The ac-
cused told Inc that he was going TO Mr.
Pruetts.
The next witness, Mr.. Duval, not being
present, 4 rule was entered against him re-
turnabIe to-day at 10 O'Clock. The defence
then expressing Il desire 10 close tor the day
the court adjourned until 10 O'Clock THIS
morning
AN ERRoR.-Our attention is called 10 Il mis-
take in the report of Miss Turner evidence
ut the Phillips trial The name of Mrs Styli
was substituted for that of Mrs. Smith, an
aunt of the witness. Mrs. Styll IS not con-
nected with the Turner family.