Richmond planet., 1890-08-23
THE PLANET.
THE HANGING OF PHILLIPS.
The Meckllnburg Homicide -GOV. Nc.
Kinney Refuses to Interfere
Guarded by State Militia.

JOnn nliDpS, COnNlCbcQ Oi Iuc
murder of Capt. r. G. OVERLY, was
hanged at Boydton, Va, Friday
18th inst at 1880 O'Clock. The
crime of which he stood charged
was that in passing on the 14th of
April in the evening near Capt.
Overby's house, he met the Captain
who spoke insultingly to him and
afterwards struck him. Thereupon
Phillips hit him on the head with a
piece of an old wagon tongue, from
the effects of which he. died. Phillips
and Irwin, (the latter being with
were arrested.
An attempt was made to lynch
them, but the prisoners were brought
TO Petersburg for safe keeping.
At his trial detachment of State
Militia stood guard, TO prevent his
being lynched. Irwin turned states
evidence, apparently to save himself.
Counsel was assigned Phillips, A. s.
Lee, Esq. white lawyer being select
ed for this important duty.
As he filed no exceptions, the way
to the Supreme Court of Appeals
was barred and his only hope was
i'm the Governor.
1t would be well to remark here
that James II. Hayes, ESQ, the
youag colored lawyer had been sent
for and went to Boydton. Friends
of Phillips stood ready to employ
him, but the prisoner had been
advised that it was best TO have a
white lawyer and acted accordingly
with the result stated.
The case was a clear one of self
defense and there is little doubt but
what the Supreme Court of Appeal
would have overruled the ruling i'm
the lower court.
Other white counsel were employed
for Phillips, and money was raised
in the churchcs to defray the ex-
pense.
AN APPEAL WAS MADE
to Gov. Mckinney, who was at the
Blue Ridge Springs. He was not
well disposed towards the condemn
ed man and is said to have mani-
tested his impatience. However, he
took the matter under advisement,
and ssid he would send tn -
answer. --~.~ uury ic----.-..r .cII-
mond tele. y'am was received an
nouncing the fact that he declined to
interfere.
Militia from Richmond escorted
Phillips to Boydton.
His wife was present He said
he desired TO have his funeral
preached in South Carolina. Rev.
w. h Dickerson, pastor of the
Third Baptist Church of Petersburg,
gave him religious instructions.
Relative TO the action of the Gov
ernor, he is quoted as saying:
. was in a bad fix yesterday
after left the Office, where / had
been called TO hear the decision oi
the Governor. came very near
falling to the floor with the blind
staggers after returning to my cell
but after praying felt much better
slept better last night than during
any night since i have been in
prison. -
PHILLIPS STATEMENT.
he is also said to have made the
following statement of the affair:
"When struck Capt. Overby
was not drunk, although l haf
drank a little whiskey. / and Johr
Irwin had been up to store, wher,
bought twenty cents worth o
whiskey, and was coming back wher
Captain OVERLY told us that w,
would have to respect him, as W,
were on his premises. i told hin
that If he treated me like a coloreC
man l would treat him like a whit.
man. Captain OVERLY had then fol
lowed me from the woOdpile to {
spot more than one hundred yard
from the house. AS Irwin and my
self were going along, Irwin told m
TO curse him a little, as he woul,
not ieG a white -ssssTs tsrlk tn him /,
that way. Captain OVERLY over
heard what was said. and asked m
what l said. told him that / di,
not say anything, but that tn
other man had spoke. Captain
OVERLY then said he heard me. an,
struck at me with a stick. II
struck me on the shoulder. / the
told Irwin not to let him kiH me
and got behind Irwin. had m,
hand on Irwin, and he took m
hand and put it on the pistol in hi
hip-pocket. Capt. OVERLY the
Sald II ne could not whip me in on
way he could do so in another. II
put his hand in his pocket for hi
pistol, holding the stick in his othe
hand. put my foot on the sticl
which knocked it out of his hanC
then picked it up and struck Capital
OVERLY. He did not fall until a fe'
minutes after had struck him.
then walked off, and John Irwin sal
to me: / believe you have saved th
old COON did not then kno
where had struck Captain Overb,
He1aid on the ground and / tot
Irwin, had better go. / gave hin
my overcOat. just as soon as ha
struck Capt. OVERLY burst out cr,
ing, and John Irwin told me not t
fear, thatI did it in self-defense. an
that hewould swear to it.
=" then went off into the wood