Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-05-15

there, and hoped his friends would be
| able 10 get the Governor to shorten his
term of imprisonment. When asked
about a new trial he said he would
leave that matter with his attorneys, in
whom he has great confidence, and
seemed to be very grateful TO them for
conducting his case. When the report
er left he reminded Phillips to follow
the advice the lady who had visited
him that morning had given him. Phil
lips said the lady had been very kind ;
that she had given him some ofthe best
advice he had ever heard, and that he
would remember and try to follow it.
Phillips was brought into court at
noon to-day. He was smoking and APP
peared to be in q good humor. He
! seated himself in a chair outside the
| prisoners bar.
The court upon being convened an
nounced that the verdict in the case Of
| the prisoner had been recorded Satur-
day night.
Mr.. Burke, for the defence, arose
| and addressed the court. He said that
owing to the late hour Saturday night
when the verdict was rendered and the
fact that ycsterdy was dies non, coun-
sci had had no time to consult with the
prisoner, and he therefore moved that
the motion for an arrest Of judgment be
not ruled on until next Monday.
The court asked upon what ground
| Mr.. Burke made this motion.
Mr.. Burke replied that the defence
was not sure new trial would be ask
| ed and desired little time to consider
| the question.
The court suggested that Wednes
day be fixed upon as the day to rule
upon the motion, but Mr.. Burke plead
other engagements in Washington on
that day.
The court said if any valid ground
could be produced to show cause why
the matter should be postponed until
next week it would be considered.
Mr.. Brent suggested that atlidavits
would doubtless have to be prepared.
The court insisted that no reason
was apparent for postponing the case
until next Monday in order that time
could be given to make up case.
1t was finally determined to stop
further proceedings until the day ask
ed by the defence and court adjourn
ed.
Phillips again had his right hand
manacled to the left of Bailifi' w. II.
Price and was once more returned to
his quarters in the Jail.
There are all sorts ofreports rs to the
views of the jury when the case was
first turned over to them Some of the
twelve themselves don't seem to be
very clear as to just how the first votes
stood. 1t is said that on the first poll
seven were in favor of acquittal, three
for murder in the second degree and
two for murder in the first degree.
Later ten vo'ed for acquittal and the
two (Messrs. Fletcher and Horner) who
had from the first looked upon the
shooting as capital otfense, adhered
to their first impression and deadlock
ed the jury. This state of affairs con-
tinued all day Saturday and far into Sat
urday night before compromise was eff
fected and q verdict reached upon
which all could unite. The two who had
held out for murder in the first degree
| Telculeu Wutil luo ltu ColCiuuCA W
unite on verdict for confinement in
the penitentiary. The prisoner has been
in jail nearly two years and with i'm
prisonment in the penitentiary for eight
more he will have passed decade in
confinement for his crime should he
live to again breathe the air of freedom.
The mastery manner in which the
case was carried through the court has
been the subject OF much comment.
The attorneys for both the prosecution
and the defence, Messrs. Marbury,
Johnson, Burke and Brent, acquitted
themselves creditably, and the argu-
ments are regarded as productions of a
high order, which have added greatly
to their prominence in the legal pro-
fession.