The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-24
TIE IIENRICO MURDER.
MORE TESTIMONY FOR THE PROSE.
CUTION.
WHERE THE TRUNK WAS CARRIED.
ETIDENCE FOR THE Defence.
THE PRISONER ACCOUNTED FOR FROM FEB
RUARY I7rH TO FEBRUARY 24TH.
THE ARGUMENT TO BE HEARD TO-DAY

pCSl Idthcl III oCShSu
now, for some reason, to be illuminated by
a ray Of hope, and the paleness which has
been noticeable on the previous days of the
trial was succeeded by a ruddy hue which
seems to be nearer his natural complex
ion. The counsel for the defence, through
Colonel Johnson, requested from the court
private consultation with their client,
and, leave being granted, retired into an
antc-room for about thirty minutes.
After their return to the courtroom
Mr.. Johnson desired to inquire of the At
tOrney for the Commonwealth whether all
the witnesses for the prosecution had been
examined. He supposed that it was a
well-known principle Of law that the Com
monwcalth must first make out her case
against the prisoner, and that after the
evidence for the prosecution has been in
trOduced it is improper to introduce any
but rcbutting testimony.
Colonel Young acknowledged the cor
rcctneSS Of the rule, but urged that in an
examination like this, before committing
magistrate, strict adherence to it was I'M
necessary. There were one or two wit
ncSses whom he desired to introduce to
prove some minor points; but they were
not now present, and all his efforts
to get them to court in time had proved
Intellectual. He thought it unreasonable
to have long delay on their account,
when the defence has its witnesses in court
and ready to depose.
Mr.. Johnson still insisted strenuously
that all the witnesses for the prosecution
should be introduced before the defence
called single one. To this end he was
willing to wait until another day, another
week, another month, but would only
proceed under the most emphatic protest.
If the rule to which lc had alluded was, as
Mr.. Young had acknowledged a correct
one, why, he demanded, should an cXccp-
ton be made in the case Of his young
client The man whom he represented
was of family equal to the first in the
land. He had fought for his country on
every battle. field from James river to the
heights Of Gettysburg, fcarleSSly barring
his bosom to the pitileSs storm of the enc
my's bullets, and fighting for those daugh-
tcrS of Virginia one Of whom he was now
charged with bringing to her death. His
character was spotleSS; yes, an enviablc
one: and he believed him entirely inno-
cent Of the outrageous crime which had
been trumpcd up against him. His coum-
SCI were prepared TO account for him du-
ring every moment OF the time which
elapsed between the 18th Of February,
when he was at the house of Mrs. " Waddcll
in Richmond, to this very hour. Why, he
repeated, should al exception be made in
this case!
Colonel Young rCjOincd briefly; and in
relation to that portion Of Mr.. Johnson ;
speech which referred to the bravery Of
his client, remarked that he could never
forget that he was prosecuting this young
man for the murder Of woman whose at
fcctions he had gained during those cam
paigus and while he was sick and receiving
the kind attentions Of which southern sol
dierS were ever the recipients at the hands
Of the women of Virginia.
The court, bar, land spectators were then
under the diSagreeable necessity of wait
ing for about two hours until the remain
ing witnesses for the Commonwealth could
be brought to court. One Of them was
brought from a sick bed to testify.
George w. Turner was then recalled, al
the request of the counsel for the accused
and in reply TO questions by Mr.. Johnson
| testified that his memory had been re.
| freshed since his testimony was given a
day or two since. He now remembered
that on the night after the body was
brought to Mr., Turner's he, his brother
| Albert, and Phillips had slept together
| A few moments after the witness went &c
bed, Phillips came in the room, and un.
dressed, and blew the candle out. asked
him several questions, but received no
answer. Presently he got in bed, and
asked him why he had not answered me
while was talking to him. He replied
that he was saying his prayers.
Questioned by Mr.. Young: My memory
was refreshed by the circumstance being
recalled to my mind by my brother Albert
who asked me if did not remember it.
We slept in the same bed. think | have
frequently seen Phillips kneel down before
going to bed, and supposed he was atpraycr
There was nothing uncommon IN his de-
meanOr on the evening in question. dc
not now remember that we had any con-
versation together about the murder when
we walked to town next morning. We met
at the poSt-oflice about the middle of the
week before the body was found.
Mr.. ii. NJ. Patton was then sworn, and
| testified was boarding at the Virginia
! House in February last. | remember that
the accused was there on the 10th and 18th
Of that month. A lady was with him, and
the parties passed as man and wife.
saw them together a number Of times al
meals, and at other times. saw them al
dinner, and again in the afternoon or
Capitol street, going in the direction OF
Governor street, Just opposite the Powha'
tan Hotel. This was late in the afternoon
as | was going or returning from Dr.
| COakley,s office. Then ! noticed hel
dress; it was caEco with a dark ground.
am sure that the lady whom | met on the
street with the accused was the same who
passed as his wife at the Virginia House
| / am positively certain that they were the
same parties. | read the description OF
the murdered woman when she was found
and at the time thought that 1t CORE
sponded with my recollection of Mrs. Phil
lips. / was quite i'll at the time. Didn't
come down TO the courthouse when the
body was here, and didn't know that 1t haC
been brought to the courthouse. | men
toned the resemblance to Mr.. Gardner a.
that time.
Mrs. Waddell recalled: Mrs. Phillip:
did not go to church on Sunday the 18th o
February, unless it was after she left my
house.
Betsey Peasants, a colored woman, wa
next sworn, and testified live at Mr.
George Turner's brick-yard, on Twenty
fourth street in this city. Mr.. Phillips
brought trunk to the office three or fou
months ago. Ny old man was sitting il
the door and | was sitting In the house
Mr.. Phillips brought his trunk and got m!