Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-02-03
HEGETSANEW TRIAL
THE SUPREME COURT ReveRses
JUDGMENT IN T<4e PHILLIPS CASE.
The Salt OF Randolph vs. the Cambet-
land Supervisors Decided en- Favor
of the Plaintiff.

jefferson Phillips. who until yesterday
stood adjud9ed by he Corporation Court
OF Alexandria guilty Of the murder of
George Smith, and was sentenced TO have
been hanged March rs. 1898, will have
another chance for his life.
The Supreme Court Of Appeals yester-
day rendered an opinion. prepared by
Judge Hinton. reversing toe Judgment of
the lower court in tho case Of Phillips
against the Commonwealth and sending II
back for u new trial.
In this controversy no new points IN law
were broa0ht out. but the ARRAY and the
trial and the general interest manifested
IN the ultimate result have attracted mucD
attention.
From the testimony in the case. great
ceal Of which was excluded, II appears
that the row occurred over a woman, and
that Phillips, on the night of July y.
1891, shot Smith three times, causing
bis death IN about fifteen minutes.
TwENTY-oSE BILLS or EXCEPTIONS.
The case was brought 20 the Supreme
Court upon twenty-one bills OF exception.
The least important OF these. however.
were not treated by this tribunal, wnile
those OF merit were considered and deat
with at length. One of the main points
excepted TO by the prisoner was the I'M
panelling of six alleged incompetent
Jurors -Four of these. in accordance with
the language Of the opinion. upon Iheir
Uoir dire stated that they bad formed ini-
pressions "a TO the case from accounts
they had read in the newspapers and from
minors. but that they could give the &C
cused fair aud impartial trial. These;
the Court held. were only Hypothetical
conclusions. and the Jurors we're. there
fore, competent. Two others. however,
had formed such opinions in the case as to
require evidence TO remove them.
EVIDENCE WITHOUT CONNECTION.
Practically on this ground and on &C
count of the admission OF the evidence OF
O man named Kell. which the Supreme
Court did not consider had any connec-
ton with the killing of Smith. yet which
was permitted TO 90 in, the judgment OF
the Corporation Court OF Alexandra
was reversed.
phillips's counsel were Messrs. Edmund
Burke and Samuel u. Brent, while the
Commonwealth was represented by Attor-
uey-General Scott.
Must Pay the Coupons.
Another right important case decided
Yesterday was that Of the Board OF super
yisors OF Cumberland county against n.
V. Randolph. The opinion IN this case
was prepared by Judge Lewis and was
very yoluminous one. general review
of the facts shows that in 1886 the county
of Cumberland, under an act OF the LIE
gislature. voted $4,000 of g per cent.
county bonds rs q subscription 10 the
stock of the Farmville and Powhatan
Railroad Company, which was to
have completed its line through
the county by March 3, 1880. Inc
interest on these bonds was payable SEMI
annually. The petitioner, after maturity
of l54 of these semi-annual coupons call
ing for $40 each. petitioned the Board OF
Supervisors TO levy a tax to pay them.
This was refused and the claim disalowed,
whereupon an appeal was taken 10 the
County Court. THIS appeal, however,
seems never TO have been acted upon. ana
MIR. Randolph subsequently filed his petit
tion in the same court for mandanus 10
compel the desired levy. which was
awarded.
The defence set up that the bonds were
void. giving rs some of the reasons that
the road had not boon completed across
the county of Cumberland; that the APP
peal from the action Of the board had not
been dlsposed of. and that the petitioner
bought the coupons ut discount.
The case was brought 70 the Supreme
Court of Appeals on q writ OF error from
the County Court. and the higher tribunal
effirms the judgment of the County Court.
The ground ~ taken that the mandamus
lies 10 compel the levy 10 be made. IL ~
also stated that the case Is In nOwlse AZ
fected by the allegation that the petitioner
purchased the bonds AT discount, as sales
OF such securities are usually made with
reference to prices current in the market.
Tie counsel for the plaintiff III error were
Messrs. William NJ. Flanagan OF Powha-
tan. T.. +. Buford of Greenesville. aud K.
X. FauntlerOy of this city, and for the de-
fendant were Colonel }. Z. Fitzgerald of
Farmville and Pegram Il Strlngfellow of
Richmond.
Diner Supreme-Court Gases.
Hutchison against Mershon. From the
Circuit Court of LOudOun county. Re-
versed. Judge Lacy delivering the opinion.
Fields against Grenils. From Circuit
Court Of NliddleSeX. Reversed Judge
Fauntlerov delivering opinion, Judge Lacy
dissenting.
Dambmann against Embrey. Argued
by Eppa HuntOn. DR., Esq, for appellant
and Major H. Taylor Scott Tor appellee
and submitted