The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-06-24
THE PHILLIPS MURDER TRIAL.
FIFTH DAY.
A JURY OBTAINED.
TRIAL coM.fEscED.

large crowd in attendance.
The sherifs reported that they had
served the rules ON the witnesses absent on
Monday.
4 J. E. B. Jude, Jacob Ford, s. NJ. Alley,
Thomas Gordon, Luther Dnyal, Matthew
Barr, were excused for absence, and the
rules against them discharged.
E The sheriff then proceeded to call the
venire. 8.
b 4. A. Waters, Of Alexandria, was first
called. He was freeholder, had not form
ed or expressed any opinion about the case,
and had no scruples about capital punish
ment. He was accepted as o juror.
B. Wheat, of Alexandria, answered the
usual questions satisfactorily, but desired
to be excused on the ground that he Was an
officer Of the Fire Department. Excused. .
T. Miles, of Albemarle, had read all
the evidence, but had formed no decided
opinion. he was told to stand aside for
the present. :.
Z s.. s. Moore, of Albemarle, answered all
the questions satisfactorily, but being o
farmer, hoped he would be excused. Ac-
cepted. ta5slss,ls :.
S. D. Harper, of Alexandria, had read
the evidence, but had formed no decided
opinion, and was sure that he could give the
prisoner q fair trial. He was told to stand
aside.
C. FL. Gentry, Of A1bemarle, had read the
evidence, but did not remember much about
it; thought he had come to q conclusion
from his reading He MAS told to stand
aside. -. - !, = ~ -
w. II. Muir, of Alexandria, knew nothing
about the case, and answered oil the ques-
tions satisfactorily. Accepted. .,y4 !
Austin Curtin, Of {AlbemarIe, answered
satisfactorily, and was accepted.
w. F. Dennis, of Alexandria, had formed
no opinion, and had expressed none, but
had said joeularly before being himself
summoned that an Alexandria jury would
hang anybody. Didn't himself have any
predisposition. towards hanging except in
regard to- Ben Butler. He was accepted.
James r: Henderson, of Alexandria, had
read q statement Of the case in the New
York papers, but that statement had made
no impression upon his mind. Before leay-
ing home he had said jocularly to o friend
that he was "going to Richmond to hang o
man." Accepted. $, 49, =
r. l.. Wood, of Alexandria, had formed
no opinion, but judged the prisoner must
be guilty from the difficulty found in getting
jury. He was told to stand aside for the
present.
W. w. Adam and ". A. Harper, Of Alex
andria, and w. N. Parrott, B. Il. Maddox,
and John R. Allen, of Albemarle, were ac-
cepted.
F. M. Wills had read part Of the testi-
mony, and thought his mind was not en-
tirely free from bias. Told to stand aside.
J. N. Wheeler, of Albemarle, had heard
part of the evidence read, but didn't take
mach interest in it, and had formed no
opinion. Could give the prisoner q fair
and impartial trial. Accepted.
Zeph. English, of Alexandria, had formed
a decided opinion. Rejected.
L. D. Harmon, of Alexandria, thought
capital punishment ought to be abolished,
but if the evidence was sufficient to convict
he would have no hesitation in bringing in
verdict of guilty, believing that the jury
had nothing to do with the penalty. de
answered the other questions satisfactorily.
Accepted.
3. J. M. Kidd, OF Albemarle, didn't know
thGt he had formed any opinion about the
case, but had read part of the evidence.
He was told to stand aside.
s. O. Bagot and w. n. McCaferty, of
were accepted.
s. Letterman, B. Oberdorfer, and John
O'Toole, of Albemarle, were rejected.
John P. Mayo, G.. w. Houchins, W. s.
Johnson, and John r. Bibb, Of Albemarle ;
and James T. Monroe, Joseph Coney, Frank
Creighton, and Charles F. Mankin, Of Alex
andria, were accepted, after making satls-
factory answers to the questions Of court
and counsel.
G. w. Bailey, of Albemarle, had read
part Of the evidence in the Richmond pa
pers, but thought he could discard any Inn
preston produced thereby. He was told to
stand aside. John Howell and Thomas T..
Kemp, of Alexandria, we're set aside on
similar grounds.
AN. Hurdle, Of Alexandria, made salts
factory answers, and being accepted, the
panel of tWenty-four was announced COM
plete- sixteen hailing from Alexandra anu
eight from Albemarle. -.
The prisoners counsel then asked Tor
time to consult with their client, and after
an hour thus spent, returned with the
names Of s. S. Moore, Austin Curtin, W. a.
Harper, W.N. Parrot, r. 81. Maddox, 5. U.
Bagot, John P. Mayo, and Frank Creigh-
ton, stricken from the panel.
Those whose names remained then drew,
and A. N. Hurdle, James T. Monroe, John R.
Bibb, and John r. Allen, were SO fortunate
as to secure blanks.
The jurors remaining we're then duly
sworn, as follows:
T. A. Waters, W. II. Muir, W. +. Dennis,
John B. Henderson, w. w. Adam, y. N.
Wheeler, L. d. Harmon, w. 81. McCa Catferty,
G. w. Houchins, W. s. johnson, Joseph
Coney, and Charles F. Mankin.
The Jury having been sworn and seated,
the prisoner, James Jeter Phillips, stood
mp while the clerk charged the jury.
During the reading of the long indictment
the prisoner looked steadily OF the clerk,
listening intently but without betraying
any emotion whatever. In the mean time
the eye of every spectator was upon him,
and the stiffness Of death perVaded the
court room. He sat down with sigh OF
relief.
The witnesses for the Commonwealth and
defence were then called and dnly sworn.
Only o few failed to appear.
Joseph Drinker was the first witness ex.
amined. he testified as follows About
o'clock on the 2sth Of February, 1867 while
at work IN the woods, found the dead body
of o woman living on her face, with her LEFT
arm doubled up under her body and the
right hand extended and grasping some
leaves and grass. She seemed to have
fallen while running. Examined particu,
larly for footprints In the vicinity, but saw
rome except che marks Of the heel Of boot
.or! shoe on the ground about q foot from hei
head. A bonnet WAS hanging, as i placed
there by design, upon Q Rhortleberry bush