National Republican., 1885-03-27
THE pH1LLIps-sIoBER CASE.
Testimony for the Prosecution All In
One Count Thrown Ont.

for the Prosecution All In |
One Count Thrown Out.
The printers fight on Oct. IA, on ID |
street, with its fatal ending to one Of the
participants, was recalled yesterday by
the trial of William II. Phillips in the
criminal court for the killing of James
Shober. Phillips is q small, spare-built
man, weighing probably 135 pounds, while
the deceased was heavier and larger.
Phillips was a regularly COM
positor Of the Post, while Shober did
'subbing" there at times. The night be-
fore the homicide the two men had words
in the composing.room, which resulted in
Phillips jumping upon the deceased. He
was about to pummell him when they
were separated and Shober was put out of
the office. He left the Office threatening
to get even. Tho next day, returns being
received from the Ohio election. there
was constant crowd on the sidewalk
in front of tbs, REPUBLICAN and
Post In the afternoon Shober came to
the corner IN front Of The REPUBLICAN,
office and sent an invitation up stairs to
Phillips 10 take walk over to the
white lot, where they would settle the
difficulty. Phillips obtained q pistol
from friend in the printing Office, and,
putting 1t In his pocket, shortly after
ward came down to the sidewalk, where
he Encountered Shober and some parties
with him.
1t was not long before an alteration
was in progress, and Phillips, believing
himself pressed, drew the pistol and fred,
the ball entering Shober's chest. The
latter then ran down ID street toward
Ninth, Phillips pursuing and firing as he
ran, and stumbling over n brick pile
Phillips was caught aud taken to the
station house.
When Phillips was brought into court
| yesterday morning he sat between his
counsel-Sonator Butler, of South Caro-
lima, and Mr.. Campbell Darlington. He
appeared very cool and gave close atten-
tion to all trauspirinR. District Attorney
Wofthington appeared for the prosecu-
tion. The jury accepted was composed Of
nino white aud three oolored men.
District Attorney Worthington opened
the case for the government and recited
the circumstances anterior to and at the
time Of the homicide, and said the grand
jury had been generous in not indicting
the man for murder.
Leon Crutchett, plumber, was the first
witness called, aud testified that he was
acquainted with both parties, but not in
Innate with other Shortly after Phil
lips came down stairs and out Of tho Post
building youth named Lacy took him
by the arm and led Phillips right past
where Shober was standing on the corner
with his back at the lamppost looking up
the avenue. Shober saw him and put up
his hand and kind Of beckoned TO him,
when Phillips threw up his left hand and,
pulling his pistol with the other hand,
fred. Shober then turned and ran down
d street, pursued by Phillips, who fred as
he ran. The witness caught him.
DIR. j. +. Hartigan testified as to the
nature of the wounds.
DIR. ID. II. Wright and DR.. John Walter
testified that Shober died at the Emer.
gency Hospital, but no search was made
Of his person for weapons.
Robert Bray, a printer employed on the
Post, testified to the anterior difficulty
When he went in the composing room
next morning Phillips asked ifShober was
down stairs, and witness said that he was
He then said that when a man wrote 9
note he ought to put his name to 1t, anG
Phillips seemed worried. Later Lacy
Phillips, and the witness started to 20 t
Hoy's to play pool. They camo dowr
stairs and started up the middle of the
street, and when near THE REPUBLICAN
Office they saw Shober. The latter turned
round and said, phillips, 1 want to talk
to you" Phillips said, "No, go back
Shobor started again and said, "Yes,
want to talk to, you" Phillips again tolt
him to 60 back, and at the same tim,
pulled the pistol aud fred. Shober ther
turned and ran down ID street. Phillips
following and firing as he ran. After
ward in going to the station house tn
witness said that Phillips, in speaking O
tho shooting at Shober, said, II think
hit him twice.
Edward w. Boss, station-keeper a
Twelfth street station, testified to havin
made the arrest. ..-
John NJ. Richards. foreman of the Posi-
described the difficulty which occurred
between Phillips and Shober In tho com
posing room on the night of October 1a
and Shober making a motion towar'
Phillips and saying, II will kill you 70
this"
On cross-examination the witness state,
that Phillips made an explanation o
what caused the trouble, which was on
tirely satisfactory. and he was kept o
work in the Office.
L. N. Rice, Wilber +. Mcdaniel, G. ]
Reynolds, and A. r. Alien testified I
ABOUT the same effect.
The government rested the case.
Mr.. Darlington renewed the point as Il
the inconsistency Of the counts In the in
dictment. g,....
Judge Macarthur said IL was eviden
that this was all one transaction
and no should consider only the coun
for manslaughter aud direct an acquitta
in the other. He could not allow tn
government to split case like that wit
several parts. 1t was manslaughter o
nothing.
At this point tho trial was sdjourne
until this morning.