Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-05-08
THE PHILLIPS TRIAL.


ty Sergeant ]. C. Creighton, who had
gone to Fauquier county for the pur-
pose of summoning jury, arrived here
Saturday night and this morning the
following gentlemen, mostly from the
neighborhood of The Plains and Mar
shall, appeared in court: i. d. Brent,
CT. w. Cooke, John n. Fishback, How
ard H. HulEish, Robert Murray, John
7. Ogilvie, II. A. Middleton, r. E. Pey-
ton, Howard j. Gibson, Benz. Fletcher,
H. 81. Gibson, VIM. Beverly, Peter G.
Dowell. l.. L. Smith, J. S. Mason, G. B.
Davis, VIM. Baker, Douglas Whiting,
J. w. Wright, w. K. Foley, H. L.
Foley, E. Jewell, J. E. Herrill, r. H.
Horner, Samuel S. Morgan, Geo. Payne,
Frank Martin. r. E. Foley, ]. B. Flynn,
R. J. Bendall, Lafayette Payne, Robert
l.. Smith, A. Edwards, ]. A. Maddox,
c. F. Galloway, VIM. F. Fallon, F. c.
Brooke, J. D. jolly, NJ. A. Sims, and F.
+. Saunders.
The interest in the case has tagged
somewhat in the last twelve months.
At the first trial in January, 1892, the
space without the bar as well as that
within, was packed by q compact mass
of people; to-day, too, large number
were drawn together to witness the
proceeding, but the crowd was not as
dense as on the previous occasion.
At ten minutes after II o'clock Phil
lips, in charge of Deputy Sergeant John
McCuen, entered. The prisoner was at
tired in light blue suit. He walked
slowly and appeared careworn and anx-
ious. Five minutes later City Sergeant
Smith called the court to order, when
Mr.. J. S. Beach, the clerk, read the in
dictment against Phillips.
Mr.. Leonard Marbury, Corporation At
torney, and Mr.. ]. M. Johnson appeared
for the prosecution, and Messrs. Ed
mund Burke and S. G. Brent for the
defence.
Some time was consumed by the lat.
ter in the preparation of an affidavit
praying for continuance of the case
on account of the illness and absence
of Mr.. John w. Greene, regarded by
the defence as material witness.
Upon this being presented,
Mr.. johnson desired that q certificate
from physician should be presented
in regard to Mr.. Greene's illness.
Mr.. Burke urged that the case be
postponed and argued to show the i'm
portant nature of Mr.. Greene's testi-
mony. He moved that the case be
postponed until the July term in order
that Mr.. Greene could be present.
The defence regarded it as unsafe to
proceed with the trial until the witness
could be produced.
Dir. Johnson desired to hear the testi-
mony of DR.. Jones, Mr.. Greene's ply
stefan.
Some colloquy then took place be-
tween counsel regarding a proposition
to submit the testimony of the witness
in the nature of a deposition. 1t was
claimed by the defence that should
Mr.. Greene appear in court he could
give additions, testimony that would
be of benefit to the prisoner.
DR.. Jones remarked that Mr.. Greene's
physical condition was of such nature
that no harm would follow were he to
make such deposition.
Dr.Jones, upon being put on the stand,
said Mr.. Greene had been sick about
twelve weeks with fstulus opening
between the bladder and the rectum.
His recovery is possible, but the
chances are against him. The witness
would not be able to attend court.
The probabilities were against him re-
covering.
The court suggested to the defence
that they fix upon some satisfactory
method in regard to taking DIR.
Greene's deposition, and it was finally
determined to produce the evidence of
the witness in writing.
At the request of the counsel for the
defense, Mr.. Geo. r. Shinn, Notary
Public, proceeded to the residence of
Mr. Greene, as it was supposed, to take
down the latter's testimony, but later
appeared in court and produced an af-
fidavit from Mr.. Greene setting forth
that his condition was such las to rem
der it impossible for him to answer a
subpoena.
The court then overruled the motion
for continuance of the case, to which
exception was taken by the defense.
The later then moved continu
ance upon the ground that the official
proceedings Of the Court of Appeals in
the case had not been filed in this court,
and that the defense could not proceed
intelligently with the trial until that
should have been done. This motion
was overruled and the usual exception
taken.
Mr.. Burke then moved to change the
venire to Fauquier or to some other
county. This was overruled, too, and
the court announced that the trial
would proceed.
The following sixteen gentlemen,
brought from FanGNiel county, were
then sworn as jurymen: L. D. Brent,
H. A. Middleton, Benz. Fletcher, Peter
G.. Dowell, Howard ]. Gibson, L. l..
Smith, G.. B. Davis, VIM. Baker, d.
Jewell, J. z. Herrill, 4. H. Homer,
Sam. S. Morgan, Geo. Payne, R. E. Fo-
lev, ]. B. Flynn, and r. j. Bendall.
The tedious process of examining the
veniremen then began. s4ost all Of
them had read the ALEXANDRIA GA
zETTE's account of the tragedy and its
reports of the proceedings incident to
Phillips's first trial. G. B. Davis, who
said he was connected with the late
Geo, 8. Smiths family by marriage,
was ordered to stand aside. Other
names were subsequently called and
after much time had been consumed in
questioning the veniremen the sixteen
men comprising the panel were Messrs.