The Greenville enterprise. [volume] (Greenville, S.C.) 1870-1873, 1870-08-10

OF November, 1868. go '..ez :.
But in this case there was to be
q most unusual and emphatic full
filment Of the old saying,
WHILE THERE'S LrrR THERE'S HOPE.
First, the case was carried to
the Court Of Appeals on bills of
exception filed by the prisoners
counsel during the progress of the
trial. This involved respites and
delay Of months, but the high tri.
bunal to which the appeal was ad-
dressed saw nothing in the techni.
cal questions raised, and in q learn
ed decision affirmed the judgment
Of the lower judicatory. Every
body then thought that Phillips
must die, and he deeming death
nigh, is said to have made con-
fession to bis spiritual adviser, and
given instructions as to the dispo-
sition of his trunk and its contents.
But not 80. His counse, had in
the meantime matured q plan in
volying, as it turned ont, q whole
years delay. The case was brought
before the United States District
Court (Judge Underwood9 on a
writ of hdbeGs corpus, and the pri.
soner's discharge was asked for on
the ground that the Judge by
whom the sentence Of death was
pronounced, was disqualified by
the Fourteenth Amendment to the
Constitution of tho United States,
and that the Judges of the Conrt of
Appeals, by whom the sentence
was affirmed, were laboring under
the same disability. 1t took Judge
Underwood a long while to get
into the merits Of the case, but
finally he decided adversely to the
petitioner, and an appeal was Ia
ken to Chief Justice Chase, who
also, only last spring, decided that
Phillips was not entitled to dis
charge. While these matters We're
in progress, the Governor of course
had to be appealed to, to stave of
the day of execution, and Phillips
was D. ,s.r .ys@lat -,. - s--.s- b.
TWELVE TIMES REsrTTED.
When Chef Justice Chase's de
lesion became known a desperate
effort was made to obtain q com.
mutation of the sentence to impris-
onment for life, and q petition to
that end, signed by about five
hundred persons, was presented
to Governor Walker. The Cover
nor took few weeks to consider
the matter, but his final decision
was announced on the 9th inst. 1t
was that &.
fnItTIPs MUST DIE.
The prisoners spiritual adviser,
Rev. DIR. Jeter. (after whom he
was named) was selected 10 inform
him of his fate, and went immedi-
ately from the Executive mansion
to the county Jail and obtained an
interview with the doomed man.
On entering the cell Phillips rose
and stepped forward, and extend
ing his hand to the doctor. After
interchanging few commonplace
remarks, and after q breif but
solemn and suggestive silence, the
reverend doctor gently as possible
broke the news, and with fearful
eyes told Phillips that the end of
his days was fast approaching.
Phillips received the information
stoically-yca almost indifferently
merely remarking: swell, /
thought that's the way it would
be-" He cvinced neither emotion
nor surprise. The stolid de-
meanor and unconcerned manner
which he has all along maintained,
was in no wise altered. He star
ed fate in the face, and made nc
sign of fear nor show of remorse
The doctor remained with him
about half an hour, advising him
to. look away from the things oi
this earth, 10 cease to hope for hu.
man interposition, settle his world.
ly affairs, and to make his peace
with his God. ... ...~ :. .
LIS DEPoRMENT ~ PRISON.
The department of Phillips in
prison is worthy of notice. Dur.
ing the whole of his long impris.
onmcnt he never but once seemed
affected by the prospect of death.
Not that he showed absol nte in.
difference, but he was q man of
strong will and had schooled him
self to taking things coolly. He
never showed surprise, he seemed
emotionless. Nothing ever
wrenched q tear from his eye.-
To the last he was in excellent
health, and his handsome personal
appearance was altered but little by
confinement. His appetite was
always excellent, and he always
slept well. He read bis Bible and
hymn book regularly, but never
seemed to care particularly for the
oomnapv nf claroyp,ap kbnrn.h l. -