The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-02-18
THE PHILLIPS CASE.
SYNOPSIS OF THE EVIDENCE BE
FORE JUUDGE WALKER YES
TERDAY.

Yesterday quite crowd gathered at the
district court room to hear and witness the
progress of the habeas corpus proceedings
in the case of young Phillips, charged
with the murder of his wife on Christmas
Eve night
DIR. Graves was put on the stand to ties
tify as to the physical condition of the
defendant. He stated that about two
weeks ago, at night, he was called to see
the defendant and found him suffering
from nervous prostration, and that, on
yesterday, he made an examination, and
found his wound discharging pus
above the ear and slightly swollen below.
He gave it as his opinion that confne-
ment to the Jail would be injurious, and
possibly dangerous, to his life. He did
not Think that the staggering walk of the
defendant was caused directly by the
wound but he could not say so positively.
1t might be from the effects of fright, or
a severe nervous shock. Again, the blow
inficting the wound may have injured
the brain and caused the staggering walk
and extreme nervousness in the defendant.
Dr. Cummings had carefully examined
the wound and thought that confinement
in the jail would be injurious to his
health if not dangerous to his life. He
could not state positively that Mrs.
Phillips had been outraged, but there was
some evidence that such had been the
case. He did not remember the exact
position of the fatal wound, whether it
was across or straight up and down on
the forehead. He was under the impress
sion there was more blood on the back
gallery than anywhere else. He also saw
blood in the room and on the floor of a
passage way. Did not not notice blood
on the body or lower limbs of the de-
ceased.
DR.. Lltten, like DR.. Cummings, could
not state positively that she had been out
ragged. He observed no blood on the body
of Mrs. Phillips. The wound, about one
and quarter inches in length, com
menced at the top of the forehead and
extended to the base of the nose, the top
of it (the wound) being depressed about
one and a quarter inches, while at the
root of the nose the bone was very little
depressed. The wound on the side of the
head was a horizontal one, while that on
the forehead was perpendicular. OF this
he was satisfied, and was surprised to see
the edges of it so clear as they were; that
is so smooth cut through the bone. This
characteristic attracted his especial atten-
ton, as it was something unusual. He
did not think it safe to confine him in
jail.
Mr.. Phillips, father of the defendant,
was placed on the stand and asked by
Judge Walker if he, the defendant, could
give a $1,000 bond.
"He can"
Judge Walker then agreed that some
evidence be presented him on which to
hold the defendant.
After consultation it was agreed that
Mr.. Moore should repeat to the court the
testimony as given before Justice Won
Rosenberg. Mr.. Wheeles, the stenograph-
err, being absent, and he proceeded as fol
lows:
The testimony of Mrs. Phillips was that
she entered the room of her son and saw
him and his wife and child in bed, he ~
ing on his right side with his right arm
extended. the child lying on his arm,
while his wife's head rested on his hand.
This was about IL o'clock or little after
on the night she was killed. Between II
and o'clock she was aroused, and going
into the room found the bed just as she
had left it, with her son lying on his
back. wounded and bleeding profusely.
The child was setting up in bed with a