The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-03

The testimony of T. Z. Jones accorded |
with that of Mr.. Allen Gs did, also, that of
Mr.. E. Campbell; except the latter de-
clared that he was not able to distinguish |
whether the imprint called track, by
White, and measured by him, was track |
at all.
C. E. Booth said that defendant, on
Christmas eve, about half past O'Clock,
had paid him $500 ON furniture that he
had shortly before that purchased from
him.
NJ. C. Millen, who lived next door to
Phillips, said that be returned home after
10 o'clock on Christmas eve night, and
did not retire until some time after IL
o'clock; that he subsequently heard a
noise and upon going out found several
cattle in the yard, which he drove out.
What time of night this was he was un-
able to tell. Up to this time there had
been no noise or disturbance in the Phil
| lips house to attract his attention. Later,
old Mr.. Phillips called him and told him
of the trouble at his house,
but witness, on account of his wife's
fright, did not go to the scene of tragedy
that night.
Charles Raymond gave some additional
testimony in reference to bloody
splotches on the outbuildings in a neigh
boring yard. He said that splotch APP
peared to consist of little particles of
blood, about the size of pin-heads.
H. A. Riley, who nursed the defendant
during the Wednesday and Thursday fol-
lowing the murder, sa d that upon waking,
defendant would for short interval be
conscious, and then "go off into foolish
| Tn Of bic luni1 intervals he
said: "Sam, them fellows hit me ter
rible lick, didn't they?" but before wit
ness could learn what parties he meant,
defendant became again unconscious.
Monroe Miller, under whose immediate
supervision the body of Mrs. Eula Phil
lips was prepared for burial, testified that
the wound on her head was almost hori-
zontal across the forehead-not perpen-
dicular as stated by DR.. Litten yester-
day.
The defendant, at the request of
his attorneys, stepped with his
naked feet into ink, and thence
on to planed board, making two tracks
with his own weight and two other tracks
with Major Walton lifted in his arms.
The two former tracks each measured 358
inches across the ball of the foot. One
of the latter two tracks measured the
same as the others, but the other 7 l6
inches. The length from the end of the
toe to the hollow of the foot measured 4$8
} inches, while the width of the ball of the
} bloody track, taken from the gallery Of
) Phillips house, measured 41s inches
across, and 81 inches from the end of the
big toe to the hollow of the foot.
? Mrs. Adelia Campbelrs testimony was
somewhat sensational, being in the nature
of an impeachment of the denial of Geo.
f McCutchon that his relations with Eula
t Phillips mad not been criminal. 1t is suf-
= ficient to state that her testimony carried
. out fully the idea of defendants counsel
f in his cross examination of McCutchor
d day before yesterday, with the exception
e that Mrs. Campbell said that his
e threats and confessions all
J, with the exception of one were made while
n McCutchon was in one of his spells" o
raving Inconsistencies. At the time O.
d his threat to kill Phillips, McCucthon was
e according to witness testimony, in stat
s. of delirium, and made the threat becaus
d he thought Phillips had stolen large sun
( of money from him. Part of the none.
l. was afterwards found hid away in cri
l. and the balance secreted beneath tn
is flooring in McCutchon's room.
y With Mrs. Campbell's testimony con
l. cluded the most sensational and interest
l. ing chapter in the Phillips trial.
% STATES REBUTTAL.
DR.. r. H. Bragg stated that he visited
y Phillips on the day after the tragedy ant
- found him conscious He made an exam
= nation of the wound and found no frac
g ture or evidence of fracture of the bone
a From his knowledge of the nature of tn
=, wound he was fully prepared to say tina
:, defendant could have inflicted it, TIL
= only thing that, to his mind, rendered i
- impossible, was that it was so Immature
y that man should infict such a woun
~ unless maddened by some desperate cir
% cumstance.
- R. "A. Boyer, deputy sheriff, testified tina
! he himself placed the blanket over tn
. nude body of Mrs. Phillips, and that til
g scantling that was across her abdome
70 was down near her thighs.
Jerry Brown, a well-known cab drive
r was called for the purpose of proving tha
~ Mrs. Campbell had on last Monday MA
y pa stated in the presence of three pc
g sons that she had been offered larg
- amount of money if she would not d
=. vulge what she knew of the murder {
% Eula Phillips.
q The defense objected to the evident
~ on the ground that the witness Mrs. @
20 could not be impeached on a collatter
70 70 matter The court sustained the oil
- lection as a proposition of law, b'
~ stated that if the district attorney had r
III ceived his information of the matter
u about which he would interrogate the wi
T. ness subsequent to Mrs. Campbel's lea
=, ing the stand, he would admit ii
~ ~ testimony.
do The district attorney announced TN
" he had heard something about the matt
a before Mrs. Campbell was put on Il
We stand but had not been advised as to Il
~ details of it till after court adjournt
Wednesday evening. Thereupon Il
~ court excluded the testimony, and thu
ie eliminated from the consideration of Il
GU Jury the most important branch of Il
u states case, and with these facts and tn
" " grave omission, the whole testimor
:. closed.
~, The jury returned verdict guilty
~ manslaughter and assessed the punis
nc ment at seven years in the penitential
~ JUDGE COOK.