Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-23
JURY HOLDS LEAvElL
Regarded as Responsible for
Phil WiIkinson's Death.
HARRIS AS AN ACCESSORY
Result of Coroner's Inquest in Fair
fax County, Va.
GRAND JURY TO TAKE ACTION
Grave Pointed Out by Woman Who
is Suspected of Completely
in Crime.
GRAND JURY TO TAKE ACTION

years sentence In the District jail Tor as
sault on a little girl. was held RESPONSE
Bile for the murder OF Philip Wilkinson. or
phil Wilson," as he was Familiarity known.
also colored. by a coroner's jury sitting in
Fairfax county. Va. late yesterday after
noon nan open field short distance from
the scene Of the crime and from the spot
on the rocky bank of the river where the
decayed remains of the victim were found
under a pile of stones. Peter Harris, col
ored, who lives in the house near the river
where Wilkinson is said to have lived, was
held az an accessory to the deed, after ne
had confessed to the jury that he had
helped to bury the murdered man and de-
clared he had remained silent because
Leayell had threaten to Kill him II ne
told.
Commonwealth Attorney Ford stated to-
day that he will not be able to secure in
dictments against either Leavell or Harris
before the next session of the court at Fair
fax Court House, which will be late In
March. Meanwhile he hopes In the
next few days to have Leavell placed in the
custody of the Fairfax county sheriff, and
will prepare a requisition to be sent the
District authorities. together with affida-
Wits, affirming that the crime for which the
men is desired was committed in Fairfax
county. Va, and that Leavell is not now
within the limits of the county. When the
grand jury sits he hopes to have Leavell at
Fairfax Court House, so that there will be
no delay after the Indictment is returned
and before the trial can proceed.
Leavell Must Serve Term.
The only way that Joseph Leavell. now
serving a jail sentence, who was held yes
terday by the coroner's jury in Virginia for
the murder of Philip Wilkinson. colored,
can be released to the VirgiItl authorities
by Warden Harris of the Jail is to have
pardon granted him by President Roosevelt.
This statement was made to a reporter Of
The Star this morning by Judge Kimhall
and Assistant District Attorney Palph
Given, the prosecuting attorney at the Po-
lice Court. who handled the case upon
which Leavell was sent to jail
According to the records of the Police
Court. Joseph Leavell was tried in the
United States branch of the Police Court
before Judge Kimball, on the morning of
December 2S. charge of assault. The
prosecuting witness in the case was he
nine year-old daughter of Mary Wilkn-
son. the wife of Philip Wilkinson, whom
Leavell Is charged with numbering He
a fine.
II have received. no request for release
as yet. Judge kimball said. But If Lea
veil was sent down to Jail in December, the
december term of the court has closed and
have not the power to release him. ex-
cept al the expiration of his term The
Department of Justice can take action in
releasing him. through their pardonine
power The case has gone beyond my con-
troll now
Assistant District Attorney Given gave
the same opinion
THE only way for the Virginia autbort
ties to have Leavell released from iail is to
make a proper showing before the Depart-
ment of Justice" he said '.If they state
that Leayel is confined in jail here for one
year and that justice in Virginia for a
greater crime will be defeated by his being
held at the jail, and thus show the Dapar..
menu OF justice the reasons for desiring his
SURRENDER IT Is probable that he would be
turned over to the Virginia authorities
through "a pardon proceedings"
Peter Harris was confined in the Fairfax
Court House jail yesterday evening, ana
Luiu Iyieror Emma Tyler,as she gave her
name yesterday TO the jury, the woman WIND
conducted the officers of the law to the
grave of the murdered man yesterday ar
ternoon, is also held in custody Leayeu.
1t Is understood. will be turned over 10
the Fairfax county authorities for trial
under suspension of his sentence in the
District. Lulu Tyler rs accused by LeavelI
as having been an accomplish.
The citizens of the section of Fairfax
county in which Wilkinson lived have
been puzzled about his disappearance since
some time last summer and rumors con-
Meeting his name with a foul crime have
been about for some time. 1t was there
fore, with no little zeal that the nrst
clue to the actual Situate was taken IN
and followed to the end yesterday.
Discovery of the Body.
The discovery of the body of the man de-
c:ared by several witnesses to be Will1n-
son was the result of a search made yester-
day. Sheriff ]. r. Allison of Fairfax county
drove over to Lewinsville with the TYLER
woman about noon from Fairfax Court
House, whittier he had taken the woman the
night before from the fourth precinct police
station in this city. The sheriff brought
, with him a deputy, w. ID. Cross; a physi-
clan, DR.. w p. Moncure; the coroner OF
the county j. w. Taylor. and a coroners
jury. Later Commonwealth Attorney c. Yer
non Ford. with his stenographer, appeared
on the scene.
The members of the party, which had
been augmented by a newspaper man.
constable from Lewinsvil!e and several per-
sons interested in the case" then left the
! CT ss roads and made their way by the
shortest route to the river, in the direction
indicated by the Tyler woman, who rode
with the sheriff. Leaving the main road
which runs from Chain bridge through
Langley, Va, the line or vehicles wound on
into narrow, rocky lane toward the house
where Wilkinson Is said to have resided.
On the way the sheriff picked up Peter
Harris, at the suggestion of the Tyler wo-
man. The horses were tied at the end of
the lane and the entire party trailed on foot
over the hills and through the ravines of a