Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-05-12

position he had every now and then
been called on by the family of the
prisoner for aid from the city. Phillips's
mother had not made the appeals per-
sonally. but they had been made by
her daughter Julia. The defence NOV
ed to strike out Mr.. Shocks evidence
on the ground that his statement was
merely verbal, he having produced no
record to substantiate his assertions.
Witness said he could produce his book
in q few minutes, but the court decided
that the Overseer's statement was sui
ticient.
The defence then produced legal
instrument to prove that the house IN
which Capitola Crossman lived had not
been presented to the woman by Smith.
He had had it built and sold it to her.
This closed the days proceedings,
and the court adjourned until TINS
morning.
Long before the hour of opening the
court this morning people began to
gather at the Fairfax street front OF the
CORPORATION Court House. The steps
leading to the room and the landing
above contained squads of persons who
patiently awaited the hour when the
Deputy Sergeant should throw open the
doors.
1t had been generally understood
that the supply of witnesses had been
exhausted at the close of yesterday S
proceedings, although some thought
the prosecution might call to the stand
two or three persons in rebuttal OF the
charge that the dead mans course to-
ward the female portion of Phllllps's
family had caused the tragedy.
The jury were ushered to their seats
about 10 O'Clock, and lateI Phillips,
whose confinement and anxiety are be-
ginning to tell on his physical condition,
was placed in the prisoners dock. HIS
appearance has become more haSgard
and when walking stoop is perceptl-
Bile in his carriage. He sits throughout
the tedious hours of the trial with Sc
rious demeanor and with an unmlstaka-
bly apprehensive cast of countenance.
At the appointed hour the outer
doors were swung open and a scene not
unlike that enacted by the Oklahoma
boomers resulted. Numbers made
breaks for the north windows, which
command the best point of observation
of the proceedings, while many others
scrambled for standing room against
the bar, where they stood first on one
leg and then on the other during the
four hours which followed. The mass
of the crowd could see nothing and in
many instances stood on tip-toe, atten-
uated their necks and kept their mouths
and cars open until the recess was de-
clared at o'clock.
The court having been called and the
stentorian tones of Deputy Sergeant
Creighton (Oyez! etc., having ceased,
Mr.. Burke, for the defence, recalled
Capitola Crossman to the stand. She
denied having made the remark attrlb.
uted to her by John Bright, and said
she merely repeated the words John
Bright had attributed to her at Rice'a
store. Bright lived with George
Holmes, her colored cook, and witness
being averse TO their relations, Bright
had formed q dislike to witness.
The prosecution then stated they
were through with their witnesses and
ready to submit their arguments. The
defence, however, were not quite ready
Thos. Downcy was after n few MIN
utes delay placed on the stand. He
knew Bright; had bad reputation for
truth in this community. Knew Phil
lips. who used to run an account with
him for groceries, had one occasion
purchased So worth Of groceries at
witnesses store.
The arguments were then begun, and
Mr.. Marbury, for the prosecution, adj
dressed the jury. The speaker said
the case was one of singular gravity
and which demanded the serious at
tention of the jury. In this city OF
$1,000 or $4,000 inhabitants it had be-
come necessary to bring jury from
Fauuuier county to try case OF MUIR
der which had occurred in our own
bounds. 1t was proposed to try the
case upon its merits-not upon theo-
ries. Witnesses had been put on the
stand, who did not testify on the former
trial. with memories impaired by time,
to ask for an acquittal in the face OF
positive evidence against the prisoner.
The case had been proven against the
accused in every particular, and the
defence had been at sea during the en-
tire trial in endeavoring to find loop
hole to get their client out of the
meshes of the law. Smiths lips were
now sealed in death; he was not pres
ent to refute his traducers. 1t was
a wonder some of them had not
been struck dumb on the witness
stand, Was there luryman who would
conscientiously take the evidence OF
Capitola Crossman as truth? The
sneaker was convinced John Bright
had told the truth on this woman-she
had uttered the identical words attrI-
buted to her. Mr.. Marbury then took
up the facts in the case and said the
prosecution had shown that at ten
o'clock on the day of the shooting re-
Cancellation had taken place between
Phillips and Smith. The speaker pro-
ceeded to give vivid description of the
tragedy and the movements of Philips
and Smith during the hours preceding
the shooting. He urged that the. muir
der was unprovoked. Now no matter
what had been the character of George
Smith, on that fatal night he stood on a
corner ullnarmed, and at peace with the
world. and was in the language Of the
victim himself, shot down like dog.
1t was a question for the Jury to decide
whether the perpetrator of such an act
should be allowed to escape the conse.
auences of his act from the evidence Of
;,rod ,.itnesses lie Genroe Smith