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

dies in the room. Next the dog led the
way around the house to tub containing
bloody water, and here witness discontin-
ued his Investigation.
c. ]. LEDBETTER
testified that on the night of the murder
old Mrs. Phillips took OF defendants
socks and bathed mis- feet, between
and O'Clock in the morning.
The idea that Mr.. McCutchen was in
Austin the night of the murdur was COM
pletely exploded by the testimony of Il.
b. Mitchell, A. D. Woodbridge, John Nc
Cutchen and Thomas Burdette, the latter
the father of Eula Phillips, all of whom
swore that they we're with McCutchen at
Capt. Z. f. Mltchells ranch in Williamson
county, nearly twenty-five miles distant
from Austin, between the hours of and
~ O'Clock on the night of the murder.
Mr.. Burdette testified that Mr.. George
McCutcheu, some three or four weeks be-
tore the murder of his daughter Eula,
told him that he had loaned Eula so to
pay her expenses to Eigin, and he told
Mr.. McCutchen that he regarded it as
great favor, and would repay him the
amount.
| Mrs. Phillips, mother of defendant, was
recalled for the purpose of refreshing her
memory as to the statement he had made
upon the examining trial in regard to the
time that she first discovered the bloody
tracks near the bed in the murdered wo-
mans room. After hearing her testimony
read, she stated that it was fifteen or
twenty minutes after she went into the
room the night of the murder
that she discovered the bloody tracks on
the floor.
| John Z. Kirk, who was at the time ac'
ting city marshal, was called by the de-
Tense for the purpose of impeaching the
statement that Mrs. Phillips claimed to
have been made by Mcclure, an employee
of the Central railroad, that Kirk had
sent Mrs. Campbell twenty dollars,
through him (McGuire), for the purpose
of keeping her away, that the married
men of Austin might be shielded from
shame; but the court, upon objection of
the states attorney, declined to admit the
evidence, on the ground of immateriallty.
Court adjourned until 8 o'clock this
morning, when the defendants case Will
be presented.
CLOSING TESTIMONY IN THE PHILLIPS TRIAL.
The defence opened its case by recall
ing Justice Won Rosenberg, for the pur-
pose of identifying the bloody lmprlnts
upon the wooden panels heretofore men
toned, as the ones preserved by witness
They were all identified and exhibited to
the Jury as CHASTITY relics of the presence
of the author or authors of the mysterious
murder of Eula Phillips.
George D. Allen, the brother-in-law OF
the defendant, was next examined. lie
testified that on December "a he occupied
a part of the Phillips house; that he re
turned home about 10 o'clock the night o.
the murder, and did not retire until abou
II, and went to sleep, perhaps within nj
, teen minutes after he retired. AS h.
came in the house he heard the voices o
James and Eula Phillips, laughing ant
t talking playfully to their baby. At tn
5 time there was light in their room. HI
was aroused by the elder Mrs. Phillips
5 calling to him that "Buddie Is knocked Il
the head, and Eula is gone"
He at once put on his pantaloons an
q boots and hurried from his room. AS h
e opened the door onto the gallery he dis
f covered by the moonlight, a path of bloc
:, along the gallery, but did not stop to eA
Il anime whence it had come or where 1t Ell
h ded. Upon entering the room of defene
e ant, he found him rolling in bed and nj
{ little child sitting in bed surrounded b
i blood. After CHANGING around, but witt
out asking any questions as TO who con
: mitted the deed, he went in great haste
: notify the officers of what had occurre
s and to procure the services of physician
|. DR.. Litten. Upon his return he met oil
e Mr.. Phillips, who had been after DR.. Nj
e Laughlin. Witness then went to the pc
o lice station and notified Grooms Lee c
v what had occurred, and started towar
y the Avenue, but meeting Justice vo
Rosenberg and some other gentlemen l
S a hack, he told them where to go, an
It himself returned to the house at ono
G After his arrival he Immediately pointe
= out to Won Rosenberg the blood
trail. which the latter followed to whei
# the body of Eula Phillips lay stretche
,s upon its back in an almost nude cond
n ton, and with the forehead mashed in
" the depth of an inch and half. He to-
IS titled to finding lump of blood in tf
D, alley back of the premises, which al
4. peared to have been flung from the fo'
" of some person, and of bloody imprln
m of the ball of the hand on the fence Leaf
ing to the alley, and other evidences
is blood on the premises of nelghbors.
f. Witness did not know whether M
Is Phillips, ST., had been in defendant
?. room or not when he, himself, entere
il but knew that not more than two minut
n had expired from the time Mrs. Phillll
ir called him until he reached the room. 1
d entered through the west door, but d
v. not recollect whether it was closed or OPT
Ie at the time. The witness was cross-exaI
IT ined at great length, but without develo
n ing any new matter of interest.
,r A. S. Burleson testified that he visit
IS the place of Mr.. Phillips on Christm
n morning, and discovered on and unde
1t meath the top plank of the alley fence
% bloody imprint, that appeared to ha
K been made by the palm of hand al
clinching of fingers.
,. DE-. Joseph Cummings was a very IL
portant witness for the defendant. /
Y said that the wound defendant receiy
,e was of a most serious and dangerous cha
ID acter, and was sufficient to produce pr
a found temporary insensibility. That t
r. defendant had been under his treatmel
re and he could not say that he had or wou
entirely recover from the effects of q
10 wound. He gave 1t as his positive opini'
4. that defendants wound could not possib
- bove heen self-iuhicted. He had disco