The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-06-18
THE PHILLIPS MURDER TRIAL
THIRD DAY.
a JURY T0 BE SUMMONED FROM Abe
~ AARLE AND .ALEYAEDRLA. -. ~.

The court entered into the Phillips case
at about ii o'clock yesterday. morning.
It was expected that the defence would
argue the; motion previously, made for q
change Of venue. Colonel Johnson, how
ever, arose to say that upon reflection the
prisoners counsel had concluded, in con-
siderati6n of the fact that only twenty
three pe7riren,e7s had been examined at this
term, to ask that another effort be made to
procure q. jury of intelligent men from the
body Of the county Of Henrico.. He would
prefer a jury from this county. 4 Still, if the
Court thought further effort unnecessary,
he was prepared to exhibit the premises
upon which the motion for change of
venWe was founded. s722 - = = - -
/ Colonel Young was surprised to find that
the counsel for the accused, after having
:signifed their assent to the statement that
the county was; exhausted, now asked that
another, effort be made. The principal
argument which he urged against the pro-
position was that much unnecessary delay
would be occasioned, when it was patent to
every intclli. ent mind that no jury could
be procured. He did not understand this
change of fl ont on the part of the defence.
Judge Crump thought it all-important
that further effort be made in the county,
in ordefathat the record might show that aH
the powers and means conferred by law
upon the Commonwealth had been used be-
fore it was proposed to change the Uenle.
L. The Court reminded the prisoners coun-
sci that it had been left to them on the day
before! whether! another effort should be
made, and they had agreed that such effort
would be futile. Only after the expression
of this assent was the county declared ex-
.hausted. No good reason had been given
for aregocation of that declaration. How
ever, asst was asserted that it was desirable
that the means used to procure o jury
should be made matter Of record, the
Court was willing that record should be
lentered that two hundred jurors had been
examined at previous trial, and that out
iof full yenire summoned to this trial not
one had been found who had not made up
sliis mind about the case. But the court
could not order another tales. .-.
= The defence presented o second bill Of
exceptions.i7a: .l1-;JEa s
! Colonel johnson moved n change of
:senue, and stated that lie desired to intro
duce certain testimony, upon which his ar-
gument would be based. rr...,y
aaa H.A:4TK1SsoN's TESTIMONY.
Henry A. Atkinson, Jr., was first sworn !:
he resides In the part Of the city recently
taken In. By profession, an attorney at
law. Mingles good deal with the people
OF the city and county. Have had my at
tendon drawn good deal to this case.
Witnessed the trial before the magistrates
and other courts Heard it talked about a
good deal. From my intimacy with their
feelings, think the public mind is much
poisoned with prejudice. Was much sur
sprised that jury could be obtained on the
first trial. If n jury was brought from
another county, think they must be more
or less influenced by the feeling in the COM
munity if allowed to be much Mt large.
There would probably be good deal of gra-
tuitous expression Of sentiment upon the
matter. I think that fair trial could
hardly be obtained here. Never known o
case in which there were such universal
manifestations of opinion.
To Colonel Young When l speak of pre-
judice, mean that do not think that
there could be fair trial in this COM
munity if the jury were allowed to mingle
with the citizens of Richmond; but If O
fair jury was pannelled (being kept to
themselves), / think, of course, that q fair
trial could be obtained. The excitement
about the case has to great extent sub
sided. 80 l.. -
. 10 Colonel johnson: The prejudice
against the prisoner has not abated, as far
as am able to judge. If the jurors from
another county were allowed for o day or
two to go about the city, their minds would
certainly imbibe prejudice. remember
some demonstration against the accused on
the trial before the examining court
CAPTAIN GILMAN's TESTIMONY.
Captain w. S. Gilman was next sworn.
Am O. reporter for the Richmond Wing. My
business carries me to every part OF the
city. From my intercourse with the peo-
pie generally in connection with reporto-
rial duties I believe that the case of Phil
lips has been prejudged, and that the pec-
pie, without exception, have formed opl-
MONS against the accused. The feeling is
universal. I never knew q case to be COM
mented upon so much, in city or country.
I Judge that most men in Virginia who have
read the papers have made up their minds.
There would undoubtedly be great danger
of an unfavorable impression being made
upon jurors brought from o distance by
contact with the citizens of Richmond. If
Jurors were brought here from another
county, and allowed to be at large for seye-
raj days, the feeling Of the community
would undoubtedly be Impressed upon them.
To Colonel Young I don't know Of any
personal prejudice against the prisoner.
Indeed, there has been more sympathy ex-
pressed than expected. Don't know why
he couldn't be tried by ajury from another
county as well here as anywhere else. The
case is not talked about as much ncg as
heretofore. It is not creating such q sensa-
ton as it has done.
To Colonel johnson: Imean that most
people long since formed an opinion about
the case, and that the opinion formed is
still entertained. Think that if the inte-
rest had not abated, the crowd in attendance
would be larger. If juror had ordinary
discernment, he would undoubtedly dis
cover the feeling Of the people generally IN
regard to the case. Think that prejudice
would be exhibited more in the city than
in the country.
SHERIFF EGGLEsToN's TESTIMONY.
Deputy Sheriff Eggleston was next sworn
He thought the feeling in the county against
the accused was universal, and great ak
citement prevailed. He was surprised that
jury had ever been obtained. Believe
there is some abatement Of the feeling, on
account Of the lapse Of time. During the
last trial, ,,onv one or two occasions during
recess Of the court, peanut hulls, ETC., were
thrown from the galleries at the prisoner.
Ordered the persons throwing the missiles
to stop, but they would not, and therefore
toll, ~ q nv, oy o,,4 70 taka g. walk. Went