The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-03
VET ANOTHER CHANCE.
rrRsoN PHILLIPS, CONVICTED
yrRDEK MAY POSSIBLY LIVE.
s,pr,me Court of Appeals Rcverscs
the opinion of the Lower Tribunal and
He WIN Have Another Trial.

Among the opinions handed down at
,hs supreme court Of appeals yesterday
as one in the case OF Philips against
80 commonwealth, from the corporation
.,rrt OF Alexandria city.
jefferson Phillips. a notorious man of
ALEXANDRIA. on July %. 1891. shot and
,uied George l.. Smith The case created
o.,ddcrable comment. and attracted at
..,,ion throughout that part OF the coun-
iy.
The case was heard. the trial lasting
Or quite a long time. and finally ended
riih Phillips being convicted. The case
O,s then carried TO the supreme court by
N,ssrs. Burke and Brent. counsel for me
prisoner and there bill. embracing
tUenty-Onc exceptions. was filed.
Judge Hinton delivered the opinion
yesterday. reversing the decision OF the
jower court. and the case will therefore
lave a new trial before the court at Al
exaniria.
The three main exceptions on which the
case WAS reversed are about as follows:
when the case came up for trial in the
court one Of the Vcnire was questioned
"a 10 whether he had formed an opinion
g. from newspaper accounts ard rumors
sri that it was merely Hypothetical
opinion. He was thereupon empanelled
as a juror.
After the case was heard II was found
out that his opinion had not been a mere
hypothetical one. but was an opinion
which required the introduction OF evil
dence TO remove or change. He was,
therefore. in the opinion OF the supreme
court. an incompetent juryman.
In the second exception the case was in
some degree similar. but in this second
case II was proven after the trial that the
juryman had expressed an opinion which
showed animus against the prisoner, and
he therefore. was an incompetent jury
nan.
The third exception was TO the INTRO
duction Of certain evidence. Kel. one Of
tie witnesses, testified that on the night
Of the shooting he passed the FL Dorado,
a drinking saloon in Alexandria. and the
prisoner was talking to man named
Harrison. The two men were engaged in
earnest conversation and gesticulating
wildly. Kell as he passed remarked.
You men look dangerous" and as he
reached the curbing TO cross to the other
side OF the street Harrison said, Eyes.
you Will find me a - dangerous man."
This evidence was introduced by the
prosecution in an attempt TO prove a
previous connivance or plot to murder
before the shooting was done.
The supreme court in its opinion de-
oided that the introduction Of such evil
dence was improper and should not have
been used at the trial.
There were other exceptions noticed by
the higher court, but the three above
were those on which the decision of thu
lower court was reversed.
In the printed record OF the case pre-
sented 10 the supreme court is a para
Graph which tells Of the counsel. Messrs.
Burke and Brent. leaving their client
during the proceedings Of the court. Mr..
Burke arose and asked the Court to recall
one Of the venire which had been present
the day before and who had been excused
as Incompetent. The Court refused the
request. Mr. Burke then began arguing
from his point Of view, and the Court
said that no argument was necessary.
Nr. Burke. however. continued to argue
and the Court asked him several times
% take his seat. He was then fined $50
for contempt Of court, and. Mr.. Burke
continuing TO argue, he was taken out Of
court by a constable. Mr.. Brent then
asked leave 10 be allowed to retire and
his request was granted.
The prisoner then asked a continuance
Of the case so as to be allowed time
10 secure counsel, which was granted.
Before the case again came up for trial
the matter" was smoothed over, and
the counsel served the interests Of their
client In an able manner.
Another opinion was the case Of the
board OF supervisors of Cumberland
county against Randolph. from the
county Court Of Cumberland county.
Affirmed. Judge Lewis delivering opinion.
Error 10 judgment Of the County Court
n Cumberland county. rendered February
80 1892. awarding a mandamus compelling
the board Of supervisors of that county
t0 levy a tax TO pay certain coupons, held
by the petitioner. the defendant in error
here. which coupons We're detached from
certain bonds issued by the county, I'm
payment Of it's subscriptions to the capt.
I'D stock Of the Farmville and Powhatan
Railroad Company.
Tho other opinions handed down were
as follows:
liutchison against Mershon. From Cir
cIit Court Of Loudoun county. Reversed,
Judge Lacy delivering opinion.
Fields against Gren.ls. From Circuit
Court OF MiddleseX. Reversed. Judge
Tauntleroy delivering opinion, Judge Lacy
dissenting.
Dambmann against Embrev. Argued
hy Eppa Hunton. Jr.. ESQ. for appellant
and Major r. Taylor Scott for appellee
and submitted.