The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-06-17
THE PHILLIPS MURDER TRIAL
SECOND DAY.
MOTIONS TO CONTINUE ovERRULED.
4 cHAEsB OF aHBFUE MoHED.

I0r the QeleuCc 10 SDe CdlleN. y StFeFaa VIM
were present on the previous day did not
answer, but Mr.. Gordon, who had been re-
ported sick, and upon whose absence the
motion for q continuance was based, was
now in attendance. ..-.- -11.----
Colonel johnson said that 30 far as the
case was concerned he spoke but the feel
ing of his associates and client when he
said that they were anxious to proceed with
the trial. But while the accused was anx-
ious and ready to 60 on, his counsel felt
constrained to object. He had no desire to
urge the outside considerations Of the unfa-
vorableness Of the season for protracted
trial, or the technical objection that several
witnesses for the defence were not in at
tendance, but there was. one witness,
Mr.. Sledd, whose testimony was important
to prove an independent fact, who, from
some neglect, had not been summoned, and
consequently was not here. True, the same
fact was proved by another witness, but
that other witness was brother Of the ac-
cused, and there might be suspicion at
tached to his testimony from that fact. AS
the presence of this witness was important,
he hoped that the court would continue the
case, either to q special or to the regular
term. 1t was unsafe to 60 on without the
presence of that witness. -.
Colonel Young could not help thinking
that the reasons urged for continuance
were principally atmospherical." The
consideration that this was hot weather
could hardly influence the court after the
special term had been fixed with q. full
knowledge that June is a summer month.
AS to the absence of the witness referred
to, he had never been summoned to attend
the trial, and could not, therefore, have
been recognized to appear. 1t was the
duty of counsel to furnish to the clerk the
name of that witness il, they, desired his
attendance; but it seemed that no diligence
had been used to get him here. He re-
ispectfully submitted to the court that no
good reason had been urged for continu-
ance. ..@i-s, 15SsH .7 -
Judge Crump insisted upon the motion,
for continuance. The fact that the ac-
cused had once been tried should have
taken the edge from the appetite OF the
Commonwealth's Attorney. He urged the
Importance Of having Sledd in attendance,
and also dwelt upon the fact that, while the
season was unfavorable for q trial, it was
probablelthat it would be necessary to 60
into other counties to obtain q jury, and ne
deprecated the idea of taking men from the
fields and crops demanding their attention
to labor in this less fruitful field. Their
crops must be left, and they be brought
here against their will. Upon these groands
he insisted that there should be a continu-
ance. ,1..-1,-
The Court said that while the argument
of the counsel for the accused had been
heard with interest, no good reason had
been urged for q continuance. The witness
referred to had never been summoned, and
the counsel had not intimated any desire to
have, him recognized. Now, however, the
Court would take great pleasure in awarding
any process desired to secure his attend
ance, and. even to send an officer after him.
This term had been fixed, with great re-
luctance, at the urgent request OF the prl-
soner's counsel, and the Court must now
insist that the trial proceed.
s The yenire was then ordered to be called,
but Judge Crump interrupted, to say that
they could not announce themselves ready
until they could ascertain whether Messrs.
Marlborough, Priddy, and Duval were (wit-
nesses for the defence) within the process
of the court, and able to attend.
Mr.. Duyal reported himself present, and
asbystander stated that Mr.. Priddy was in
town.
Colone- Johnson: Now for Mr.. Yarbo-
rough a.?
Some one reported that he was in West
Virginia. The Court said he should be
summoned.
The q,e,,ire was again ordered to be
called.
Colonel johnson Will your Honor rule
us into trial in Mr.. Yarborough's absence :?
The Court: Do you submit q motion Tor q
continuance on that ground 49, -s;
Colonel johnson: Yes, Sir. We want
him here. a-7. 49,
Some controversy then arose as to
whether the witness was recognized TO ap-
pear, and as to whether he was examined ut
the last trial. It.fnally appeared that ne
had not been either summoned or recog-
nized at the last term. There was then an
INQUIRY about Mr.. Ysrborough's exact
whereabouts. Mr.. W. W. Phillips said ne
learned that he was in Estellville, Scott
county, Va. .-lz-t1..-.--.-. r- :,
Colonel johnson insisted that he should
be brought to court before the trial was
commenced. ,&AtzEs ;s%s rsstz -
The Court inquired whether the defence
considered Mr.. Marlborough material W.T.
ness. ..5.a-s
The counsel were unable to say; and the
Court then oyerruled tle motion to con-
tinue. Psrrg ~. 9 ss-fy5Tssl
The aen;re was third time ordered to be
called, when Judge Crump again inter-
rupted, to say that he would submit mo-
ton to quasb the writ of venire jacaas.
The Court: I will hear you upon that
motion. ls II =.
Judge Crump: We have nothing to say;
The Court latter examining the wrlt@ II
no ground is stated, i oyerruie the motlon
to quash. {.
exceptions.
Colonel johnson then inquired whether
the clerk had posted q notice OF tnis speelal
term at the court house door, as the statute
directs.
Mr.. Clerk Elicit replied that he had not
Celenel johnson: Upon that ground tneh'
move continuance.
This motion was argued at length soy
Colonel johnson and Judge Crump Tor the
defence. and by Colonel Young in opposl'
ton. The latter held that the statute
alluded to was directory and not manaa.
tory in it's character. The counsel 1or .nt Ine
accused maintained that the posting OF lne
notice wns condition precedent to the hold
ing of the special term
l8s The Court said that the motion, as nnder,
stood, was to continue on the grouna .na' ~
the Court could not sit at this time for tne a
trial Of this or any other cause. II was lo'
The Court only to constFue the law, enuss, !.