The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-02-10
EsAREAS CORPUS.
JETER PHILLIPS AND SAM BAKER
BEFORE JUDGE UNDERWOOD.

At 4 o'clock yesterday afternoon Judge
Underwood sat in the United States circuit
courtroom for the hearing of the habedS
corpus cases Of James Jeter Phillips and
Sam Baker, convicted murderers, whose
petitions for release, it will be recollected,
were based upon the allegation that the
courts by which they were tried were in
competent according to the provisions of
the third section Of the fourteenth consti-
tutional amendment.
Jeter Phillips was brought into court in
custody of Sheriff Smith and his deputies.
There were few spectators in attendance,
owing to the failure of the Judge to be pre-
sent at the hour designated in the writ
but the prisoner seemed to be annoyed as
never before by the eyes of the public. At
one time he turned his back impatiently
upon those who, gathering around him,
seemed TO he never weary Of staring into
his face and watching his every action.
paler and thinner than ever, the condemned
man was scarcely recognizable, and on his
couutenauce was written no expression of
resignation nor CLEAN Of hope.
Acknowledgement Bowden presented the
subioined return TO the writ of habedS COR
pN5:
"HenryJ !. Smith. sheriff of Henrico county,
answering the writ served upon him 10 pro-
duCr the body Of James J. Phillips and show
cause why he holds the same, says that the
said James J. Phillips was convicted by the
circnit court of HenrIcu Oh the - day OF -,
1865, of murder in The iirst degree, and by said
court, on the ---- day of -, ls6S, sentenced
to death. That rs sheriff OF Hcurico county
your respondent is charged with the keepn z
and executions of persons 50 sentenced, and rs
such he holds the body OF the said James J.
Phillips, which he is req llircd 10 produce. our
res pondent asks that copy OF the record OF
the circuit court Of lirnrlco (marked exhibit
y, herewith filed bc taken rs u part OF his
answer. Henry J. SMITH,
- Sheriff OF Henrico county"
Judge Crump, who with Mr.. Guigon re-
presented Phillips, said that having been
Informed that there is a proceeding in
Washington affecting this case, he would
like to know Of his Honor its nature, and
whether the order of the Supreme Court
actually forbids for the present further &C
zion hy this court in the case of Phillips.
He supposed that his Honor would he obliged
to make some disposition of the case. What
it should he, the Court Of course would
decide.
The Court said that the motion made in
the Supreme Court certainly did affect this
case. Although he did not understand on
what ground that motion was made, he did
not deem it respectful to proceed further
now than to remand the prisoner until the
decision of the Supreme Court is an
uounced. He would therefore give the pc
titioner week iii which 10 prepare his re-
ply to the return OF the sheriff. The fate
of the motion referred 10 would in the
mean while he known. lie (the Court
should not appear before the Supreme
Court, but would leave that matter entirely
to rhillips's counsel, whom alone, through
their client, the motion affected. They
would probably have no difficulty, if they
went to Washington OF Friday, i'll securing
Il satisfactory result.
The sheriff was then directed to hold
Phillips until Tuesday next At = O'clock.
The case Of Sanuc- Baker 4. negro was
then disposed Of in the same manner. In
response 20 an appeal Of the court in which
the prisoner was represented ~ poor,
fricndless, and penuiless, Mr. Spalding
offered to act as his counsel, ani was hand
cd the papers III the case.
Baker, who had been given up by the
sheriff Of Henry, was then given in charge
of the United States marshal, by whom ne
was lodged in the city Jail for safe keeping.