The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-07-07
LOCAL MATTERS.
THE PHILLIPS MURDER TRIAL,
FfFTEE NTH nAY.
INSTRUCTIONS TO THE JURY.
ARGUMENT COMMENCED.

The hall of the House of Delegates WAS
crowded yesterday, notwithstanding the in
tense heat, with persons drawn thlther oy
the announcement that the argument of the
great murder case would be commenced.
At 10 o'clock the court met, and the an
nexed instructions to the jury were read by
Judge Christian
/" Commonwealth Us. Jeter PhWpS.-In-
Structions.
"Before the jury can convict the ac-
cused they must be satisfied from the evil
dcnce that he is guilty Of the offence
charged in the Indictment beyond reason
able doubt. 1t is not sufficient that they
shall believe his guilt probable only. No
degree of probability will authorize con-
yiction. but the evidence must be Of such
character as to produce moral certainty OF
the prisoners guilt, to the exclusion of rea-
sonable doubt.
90. Each fact in the chain Of circum-
stances to establish the guilt of the accused
must be distinctly proved by competent
legal evidence; and if the jury has rea-
gonable doubt as to any material fact neces-
sarv to be proved in order to support the
hypothesis Of the prisoners guilt, to the
exclusion of every other reasonable hypo-
thesis, they must find him not guilty.
"3. But if the jury believe from evil
dence that the accused is guilty OF the
offence charged against him IN the lnd'ct-
ment, beyond reasonable doubt, so that no
inimical hypothesis or explanation can De
framed or given upon the whole evidence
| in the cause) consistent with the innocence
! of the accused, and at the same time con-
sistent with the facts proved, they must find
! him guilty
az. 1t is not essential to proof of guilt by
circumstantial evidence that the facts and
circumstances established should produce
on the minds of the jury absolute and de-
1nopStratiue certainty but it is sufficient II
they produce moral certainty Of the COM
mission of the offence charged, to the ex-
| clusion of reasonable doubt"
Colonel johnson, of the defence, request
cd the Court to add as an instruction to the
Jury that given in the trial Of DR.. Webster
for the murder of DR.. Parkman.
The Court thought it unnecessary, as the
| instructions already given covered the whole
ground covered by those cited by Colonel
Johnson.
Judge Crump gave notice of his desire to
reserve the point.
Colonel Young then proceeded to open
the argument for the Commonwealth IN
speech marked by that power and logic
which have already gained for him the
reputation of being one Of our ablest prose
cutors. He labored to prove-First, the fact
that murder was committed, as stated IN
the Indictment: second, that Mary Emily
Phillips was the victim and lastly, that
/ IL ntb G.
band of the murdered woman-the prisoner
at the bar. He spoke for about four hours,
closing with an earnest appeal for the con-
yiction of the accused.
A. B. Guigon, ESQ, after recess, opened
for the defence. Admitting the identity OF
the deceased with the murdered woman and
lamenting the fact of the secret marriage,
he argued that there was no evidence TO
prove the guilt of the accused as charged
in the indictment; but, on the contrary,
that the defence had established by lrretu-
table testimony that he could not have COM
mitted the crime. Important links were
missing, he held, in the chain of circum-
stantial evidence brought forward by the
Commonwealth, but the abb offered by the
prisoner in answer to the foul charge
against him had not an assailable point.
Mr.. Guigon closed at late hour, having
given in his speech abundant evidence con-
firmatory of the impression created at the
last trial that, as criminal lawyer, he is
destined to take high rank at the Rich
mond bar.
Judge Crump and Colonel Johnson, whose
speeches are looked forward to with the
greatest interest, will take the floor to-day
III behalf Of the prisoner. Colonel Young
will probably close tomorrow, and the1
the case will be given to the jury.
! APPOINTMENTS BY THE MILITARY.-Gcn
eral Stoncman made the following civil ap
pnintments Yesterday: