Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-03-27
PHILLIPS DEFENSE.
The Threats Made by Shober-Tessfs
mOny Taken To-day.

This morning, the trial OF VIM. H. Phillips
for the killing OF James +. Shober, was resumed
In the Criminal Court The pistol, a nickel.
plated five-shooter of small calIber was admit.
ted as the weapon with which the shooting vss
done.
The defense called Matthew Maloney who
testified that he saw Shober at Hoy's saloon on
the night of October 18th. He refused TO drink
saying he wanted to keep sober, a. he was going
over TO the Post composing room ito do S. of
b." Later Shober came back and said that
Phillips struck him with "black jack" Mr.
Purcell was going TO Pittsburg, and asked sho-
ber TO CO. but he declined, saying he wanted 90
fix Phillips before he left town. The next after
noon witness saw Shober and Others on John
tight the night before. Some suggested that be
write
NOTE TO PHILLIPS,
and he wrote the following: "Mr. Phillips you
will meet me down stairs. We Will go TO the
White lot and have IL out 1t is 10 your inter-
est" He wanted witness to take the note bat
he refused. Something Was said as 20 Phillips
refusing 10 fight and Shober said, "When he
comes down III force him to fight, and IN he
pulls anything I'll put knife through him."
Witness communicated this TO Phillips.
THE MEETING OF sHoBER AND PHrLLrps
After Phillips got through his work they stare
ed down. When Shober saw Phillips he advanced
on him saying, al want TO see you" He had his
right hand i'm his pocket, and with his LEFT hand
beckoned Phillips. The latter warned him Cd
at least three times, then pulled the pistol and
fired. Phillips was regarded as a peaceable msn
and Shober had a bad reputation.
On cross examination witness said that ne
did not hear the remark, shave a fair fight and
let the best man win,' but heard Crutchett say,
Don't let him get away with YOU" From tlse
the shooting it was almost 40 minutes. W.T..
ness did not take considerable interest in tho
for the aE
"les, sir" answered the witness.
"And you contributed ?"
"No, SIR said the witness.
Mr.. Crutchett trecalled:-Witness had been a
jail several times TO see prisoners; sSW PhilAoa
sHoBER's DRAMATIC THREAT.
John p. Purcell corroborated the precedinR
witness as TO seeing Shober In Hoy's saloon,
Witness said Shober took q cigar and said he
was going to the Post. He returned with q
raising his right hand, he said: As true as there
is God, I'll drive this i'm his heart" ..up 20
had anything in his hand. shober was to 20
with witness TO Pttsburg, but he would not Re,
saying he was going TO get even with the =.
-. The reputation of Shober for peaop-
fulness was bad, and OF Phillips good.
On cross-examinatton, witness said that Mar,
well was present when Shober got on his knees
Robert Hoy testified that Shober. on the night
of October 18th last last said of Phillips that he
tied behind him. Phillips had been sick for
James Carroll testified to the good reputat,o.
of Phillips, and the bad reputation Of Shobeg.
On cross-exam1natlon witness said after Phil
lips received tne nOte, ana Wnen They
going down stairs, he heard Lacey say he had
his pistol.
Mr.. John Mera testified that Shober came IN
his house in October 14th, and wanted TO see
Phillips. Witness told him he was absent
Shober wanted To go to Phillips room, but be
would not let him.
Adrian NJ. Jones testified 10 the good repufs-
tion OF Phillips and bad reputation OF Shobef.
witness was In the Post Office when the fiRlst
occurred. Knew that Shober said he had cut
the CUTS out of a man in Baltimore; that he had
served six months for cutting a man: witness
paid Shober's fine in the Police Court for as-
sauting a boot-black.
On cross-examination witness said that She-
Der claimed To have cut a fireman I'm Baltimore
not know of the cutting affairs except froIn
what Shober said.
AN IsHMAELIrE.
testified that Shober was a sort of IshmaeIite
Eugene Moore testified that about the time
the note was sent by Shober he said he would
lie i'm Jail or hang for IL.
AT this point the defense announced the case
closed, and recess was taken TO one o'clock.
THE EVIDENCE ALL IN.
]. Frank Mcguire, superintendent OF the Pos
building, was called In rebuttal, and said Ls
never heard a complaint about Shober except
on the night before the shooting.
Mr.. Crutchett was recalled and seid Just be-
fore the shooting Phillips walked lame, but did
fight.
This closed the evidence.
ADJOURNED TILL MONDAY.
After several prayers had been acted on the
trial was adjourned to Monday.