The Sumter watchman. [volume] (Sumterville, S.C.) 1855-1881, 1870-08-03

0eou a1tof camo -the trial. Whens 10
the presence Of IN immense sudden 90.
the more aud moro convicting testi
mony was addaced. IL WAS proved that
Jeter Philips had married Mary Emily
Pitts that they came to Richmond on
the l7sh Of February, 1861 that they
were at the boarding house aud on the
street together on the next day !; that
eleven days after she was found murder
ed in Drinker's Wood that her hus-
band bad made NO inquiries for her /;
and that during these eleven days he
bad plunged into round of gayety lit
tie BETTING the ciroumstanoes. Let.
tors were also produced written by him
to his wife's family, weeks after her
dead body was found, in which he pre-.
ssntsd, first, she was with him and we'll,
then she wes sick, and fiually she had
the lock jaw, and her life was despair
cd Of by the physicians. It was estab-
lished that he had always deported him
self as an unmarried man that he had
been paying attentions looking towards
marriage, with young lady of Henrico
County that his family were kept 4 in
ignorance Of his marriage; and that he
was in the house to which tho body of
his murdered wife was brought by the
coroner, and would not 60 to SEQ it.
Yet the evidence was purely oiroumstan.
tial, and first jury could not agree upon
q verdict. Another could not be found
in the city nor country, and ventrs
had to be summoned from remote parts
of the State. Then he was convicted of
murder in the first degree, and sentenced
to be hanged on the 9th of November,
1868.
But in this case there was to be a
most unusual and emphatic fulfilment
of the old saying,
WHILE THERE'S LIFE 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 tribunal to which the appeal was
addressed saw nothing in the technical
questions raised, and in learned de-
oission affirmed the judgment Of the
lower judicatory. Everybody then
thought that Philips must die, and he,
deeming death nigh, is said to have
made confession to his spiritual advi.
ser, and given. instructions az to the
disposition of his trunk and it's contents.
But not 80. His counsel had in the
meantime matured plan involving, as
it turned out, whole years delay. The
case was brought before the United
States District Court (Judge Under
woody on writ of habeas corpus,
and the prisoners 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 the United States, aud
that the judges of the Court Of Appeals,
by whom the sentence was affirmed,
were laboring under tho same disability.
1t took Judge Underwood long while
to get into the merits of the case, but
finally he decided adversely to the
petitioner, and an appeal was takon to
Chief Justice Chase, who also, only last
spring, decided that Phillips was not
entitled to discharge. While these
matters were in progress, the Governor
of course had to be appealed to, to stave
off the day OF execution, and Phillips
was
TWELVE TIMES REspITED.
When Chief Justice Chase's decision
became known desperate effort wa.
made to obtain Communication of the
sentence of imprisonment for life, aud q
petition to that end, signed by about five
hundred persons, was presented to Gov
Walker. The Governor took few weeks
to consider the matter, but his final de.
cision was announced on the 18th inst. I,
was that
PHILLIPS MUST DIE.
The prisoners spiritual adviser, Rev
DR. Jetor, (after whom he was named,
was selected to inform him Of his fatt
and went Immediately from tho Exeou-
tive mansion to the county Jail aud OBJ,
tanned an interview with the doomed
man. On entering the cell Phillips
rose and stepped forward, and extended
his hand to the doctor. After inter-
changing few commonplace remarks
and after brief but solemn and sug-
gestive silence, the reverend doctor
gently as possible broke the news, and
with fearful eyes told Phillips that tho
end of his days was fast approachiug.-
Phillips received the information stoic-
ally-yea, almost indiffcrsntly, merel,
remarkipg: "Well, I thought that's thu
way it would be-" He evinced neither