Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1892-01-27
motiop Denied-Phillips Sentenced to be
Hanged,

At 1880 O'CLOCK tDis EioIituS, siuIliJ 81
! ter Judg- Norton took bis seat IN the Cor
nors,ion Court, he aroounced Tat he vas
roadv In reuder his decision Cd the motion
for Q new trial in the csse OF Jefferson Phil
,tns. convicted on Wednesday last OF tbs
| murder of George 8. Smith 10 this city on
he night OF July %, 1891.
M.ssrs. Marbury aud Cation were present
TO represent the Commonwealth and Mr.. e.
G. Brsnt sppssrsd for the prisoner, who,
shortly after the cpaning Of the court, had
bsen placed la The dock. Jadse Norton
then announced thai be wouid override the
motion for new t!isl and would pass sen-
sence on the prisoner.
Toe Clerk then directed Phillips to stand
up, and TO the question II be had anything
&c cay Why sentence of death should not De
passed upon him, he stood erect, aDd in 9
calm, firm voice replied that he had only TO
saY that he thought hs was Justified In do.
ing what he had done.
Judge Norton then said to Phillips that he
had had fair triel and that every opportu-
nifty had been given him to pross his iore-
ceDcs. but that from tbs evidence In the
case be, the Judge. ssw 70 reason why The
verdict Of tbs jury shuuld not stand. Judge
| Norton then esid that 1t was the eeasencs OF
t5s court that the prisoner should be con-
veyed to the city jail, there securely Kept
| TIL tee 25 b day of March next. and that be
tween lhe hours OF q. d. and 6 p. n. on
! that day be should be hanged by the neck
| till he Ras dead.
| Judge Norton, who ia suffering with a
cold, spoke 10 low voice, and II he cen
Guided bis sentence With the usual "and
| may ihs Lord have mercy on your SOUL" II
was not hesrd By the audience,
Mr.. Brent, for the prisoner, then asked for
q suspension of judgment that he might heve
time to take the CAGE to the Court of APP
peals, and 55 days were allowed By the court
for such procedure.
PailIipa, during the time hs was being
sentenced, a,ood upright and appeared per-
fscily cslm, not O muscle OF his face moving
nor was sven a change CT color In his checks
noticeable. To az attendant he remarked
that the Judge hsd cot given him much
time to live. Bsfote lesviDg the court
room he said 90 reporter of ,hs GAZETTE
10 feply to the question what he intended
doing now" that hIs lawyers had the mat
ter ell 10 thsir hands and they would DO
what they thought BEST,
1t is thought by some that Phillips does
col fully reaI;zs his position, whils his lsw-
seys ss5 he ieels it keeny. At any rate he
"keeps up" most remarkably. Phillips at.
torneys seem oorGdan5 that they Il i'll secure
new trial.
Ga his way back to ill oDa OF thu attend.
ants said to Phillips, to cheer him, that be
would get new trial, when Phillips, 1t is
reported, replied that be had no more chance
than "pigeon io hi without w!nas."
Tos following 10 the oploion Of the court ::
PHILLIPS clsE-MoTIoN FOR NEW TRIAL.
Principal Grounds:
let Tia. several of the s.xtesn jurors competing
the Ia1e PAR leu ariy Herur5h, Atkinson, Eve
leth, Jasper ID Hopkins. ware net com petert.
-. That Bell and Da is. OF the trial j'rJ Of
twelve, had 70. med and expire. sod decided opin.
ion asa ;Ds5 the scrus ID.
Sd. That he coart erred in refusing to give CIR.
tia instructions as&c1 for by the accused Jar u.
arly tie one 10 reference TO n ans a1ghter
4Sl. That the veidic. is not Supported by tn,
evidence.
LIST ground While it Is irus tia If jaror has
formed aud ezprt ssed decided opiIi)n no is to-
competent (W1ights c! s., 80 Ora t 943) yet the
Juror should be carefully examined to as:'r si9
wheth,r he opinion a decided one or not.
Ii the itr.r says lis o:i0ion is formed from RI.
n o-s or awspapor accounts but Of such char.
tcer tia. hs rn bis str4ict and can give the
accused fair and impartial tr.l after tae evil
deMc, he,ri FROM tho "a i without being ia any
way il q fenced or bi4ssod by the OIL ion he may
now have he is a competent irror-such ooin-
lon is in no eel S, fxtd a ID de,i led one.
as was i'd in Jaraette's cas-, rs Va. 97O)
the material ptint fer ouC consideration il the
~ scr of tho juror, is his insbi ytr IN @iiling
nos, would state bond for is ju1gme,t be
affected by hs preccn ceived ori iJTs. In D>JsI-
notes ctse the jarcr, BaIss'a'e did not Say that
lis opinion was Of such character, that evidence
would remove 1t; his lad doubt about IT,
And the Cour. id: If the Juror WAS in frame
Of N nd WI ich W, uld eDab!e him to render an i'm
psrsisl yer ict unnaucnced by his r,vions inpns-
scns it but fair to Pre- ne that he would have
SO declae The fact that he did lot or Wis un-
able to do So and thus sclve the doubt, wa, sufi-
q mt to disqualiiy HIM"
When, therefore, thejlr II ay5 "my opir ion is
Of sach character tbai I can form verdict, or
give the person q air and inn atti. rial, from
the evidence heard fr II the sta ID, wi ;hout being
in any way iofl1enced or Ii sied by any opiLi)n
may now have" he is mpetent iniot.
l am of opi-ion that al the jurors wera fully
compstci t, fair ard impartial
As 10 tho secoi 4 gr5uqd:
60 far as DaI is concerned he said in Lis poir
Gri thst he had an opinion and might have ex-
pres ed it shortly after thu hi ling. But he had
not paid any attention to the msttor since, fni
wtat ever opinion he b,d has gone, and no then
lad no o. iaion, &C. He VI q undopb e3ly q fair
d competent ju or.
After csreful consider aiion and weighing OF the
cvidcIc 10 Bell, donot bs 1--we he had formed
| and OK u, ed the opinion testified to.
Hesv,a positively he did not, o. d its ems TO-
credible that he cou ba given EXPIRE ,iont auch
,i)leut Lions after he hed been summoned ca
the Jury, AMI S, shor ~ 'terws, appear open
court and swear that he had never forned or OK.
pressed such sn opinion. There is nohiag la his
cha actor and antec:d dents. 30 far as the Court
knows to l.. y such belief At any rate vr-
dict should not be dis uroed Cor matter Of tb S
SORT, uults, the proof WIS duly strong and oye: :
wheming and it is not co.'s dertd that the evi:
dence WIS So I'll iont for which to SGT ide the yers
DICT.
As to the t. ird and fourth objections:
LII I'll ha I'd hcck 10 lair nd N.