The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-07-03

fnlDlpS nad given HIN uotlCe tudl nc
would surrender possession Of his house on
Clay street on the ed of February, 1867.
b Mr.. James Phillips deposed that the &C.
cused came 20 his house with John Bell on
the night of the tableav at Priddy's-March
lst.
The testimony of Rev. DR.. Murdaugh as
to the good character of the prisoner and his
family, By consent of the Commemorative
attorney was then read from the report
published in the Dispatch last December.
Colonel Johnson then announced that the
defence had concluded their testimony with
the exception Of that CT Mr.. Sledge, Joseph
Phillips, and Fleming Christian. Not wish
ing to delay the progress of the trial, ne
propoBed that the Commonwealth should 60
on with its rebutting evidence, with the un-
derstanding that the witnesses named, the
nature of whose testimony was well known,
should be introduced on their appearance
in court.
Colonel Young, after some hesitation, ac-
coded to this request.
REBUTTING TESTIMONY.
The first rebutting testimony was by E. R.
Meanley, who testified as to the purchase Of
his house by Miles Phillips and his occupa-
ton thereof after the sale. He was noti-
fed of the change of owners by Mr.. Phil
lips in August or September, 1866, who at
the same time informed him that, though
willing to take il off his hands, he did
not care to move into it until March, 1867.
About the 1st of December MIR. Phillips
called on witness and said to him that he
had put the house in the hands OF Mr.. Iny-
lor. Later in the same month Mr.. Phil .ps
called on him again, and told him that ne
had distrained for the rent. Witness then
gave security, which being unsatisfactory
he refused to give any other, and after be-
inc informed what the law allowed him to
keen. sent part of his furniture to Regnault
& Co.'s for sale. Through the agency OF
Mr.. Crump, the high eonstaole' an aI-
raneement was then effected by which
witness agreed to 90 out on the 18th of
March. Could not fix any sooner date be-
cause of the peculiar state Of Mrs. Mean
lcy's health. In the latter part OF Feb
ruary made arrangements to move, but as
the Doctor said Mrs. Meanley could not be
moved on the day appointed, the removal
was postponed until about the 2Sth, when
possession was given Mr.. Phillips. Never
agreed TO surrender the house on the 10Th
of February, and never mentioned that date
to Mr.. Phillips on any occasion. Never saw
Oscar Phillips in his life to know him, and
had never had any conversation with him
about the matter. Had a right to the house
until September, but had agreed in Janu-
arv, when the furniture was released, to
move out as soon as the health of his wife
would permit and another house could be
procured.
After a strict cross-examinatlon OF MIR.
Meanley, the usual recess was taken.
Ats o'clock Mr.. William l.. Maule was
called, lie testified in relation to the
placing of the furniture of Mr.. Meanley in
his charge to the credit of the high cousta-
bic (Mr. Crump). This was late in De-
cember, 1866. The articles were subse-
quently released, and placed to MIR. Mean
ley's credit.
Mr.. \. X. Crump, high constable of the
city Of Richmond; remembered that the
distress warrant against Mr.. Meanlcy for n
quarters rent was placed in his hands. 1t
was gotten out on the 10th Of December,
1866. Mr.. Phillips told him to state to Mr..
Meanley that it was very disagreeable for
him to resort to that means, but he had to
do it because his own landlord was pushing
him. Witness told Mr.. Meanley, and the
latter replied that Mr.. Phillips might get
the house the best way he could.
After the distressed furniture had been
for some time ut the auction-rQoms, by ad-
vice of witness It was released, Mr.. Mcanley
promising that he would give ur the house
as soon as his wife'a health would allow,
but naming no particular day for removal.
Witness could not get him 10 name any ape-
cihc day. Mr.. Phillips vas more anxious
to eet possession Of the house than to get the
! money.
Cross-exumineA james NJ. Taylor Son
obtained a distress warrant against Mr..
Phillips on the 9th Of December, and the
latter obtained one against Mr.. Meanlcy on
| the l0th--four days afterward.
james r. Crcushaw, foreman Of the jury
at the last trial Of Phillips, understood
Miles Phillips to say on his first examina-
ton, as distinctly as anything could be
! said, that he had been promised possession
of the house, and had been disappointed,
before the distress warrant was issued.
His last statement was substantially what
it was on this trial. According to the re-
collection of witness, Oscar Phillips said on
the first trial that the prisoner came to his
uncle's house on the Sunday after the 18th
of February. Don't recollect that he men
toned hearing any conversation between
the accused and Mr.. Phillips, or any con-
versation between himself and Meanley
about getting possession Of the house.
Couldn't be positive that he did not say
anything about the former conversation.
At this point William ?. Underwood OF
Surry county, was introduced by the de-
fence; and testified to the good character
ard reputation of the accused.
Samuel S. Burke was also here intro
duced by the defence. Has known the ac-
cuscd since 1853 or 1859. He was good
soldier, and, so far Us he knew, good citi-
zen. Was at the surrender at Appomattox
Courthouse.
Mr.. Sledge, of Surry, knew the accused
we'll. Their families had been intimate.
Jeter's character, as far as he knew, was as
good as anyhody's. Remembers that q
trunk and valise represented to belong to
accused were left at his fathers store, at
Cabin Point, early in March, 1867. Did not
see the accused. Came up with him from
Surry en- the Sylvester early in April:
The Commonwealth then proceeded with
the rebutting testimony.
Mp. Handy, of the Dispatch, depocsed
that he had reported the various examlna-
tons of the prisoner, but did not recollect
that Oscar Phillips said on his prior examl-
nation anything about hearing converse
tion between Miles and Jeter Phillips about
yacatine their house, but he might be able
n sneak more positively if allowed to re-