Year: 1867




Colonel johnson joined in the request
feeling perfectly confident that his memory
correctly served him.


Colonel Young's recollection of the tes
timony agreed with that of the Juror, and
he also acceded to the proposed recall o.
the witness.


Ine argument was therefore suspended
and the court dispatched Sheriff Smith
alter Mr. Miles Phillips, commanding his
immediate attendance.


MILES PHILLIPS RECALLED.


The sheriff returned with Mr.. Phillips
IN about half an hour. The court then
suggested that the juror who recalled the
witness conduct the examination.


Mr.. Crenshaw: understood you to say,
Mr.. Phillips, that you were not certain
about the date Of the first visit Of the ac-
cused, but thought it was after the 18th Of
February; and further, the only means Of
identifying the date was the fact that you
had had difficulty about getting pos,
session of the house, and the accused
questioned you in regard to it.


To all this the witness assented. He
continued said at first that the distress
warrant was got out after the prisoners
visit; but was not sure, and afterwards
corrected myself. I did not get the dis
tress warrant in December for the pur:
pose of getting possession Of the house
but to get my money.


Juror: Are you sure that the visit oc.
CURED after the 18th of February?


Witness: Yes, am as sure of it as
am of the fact that am standing on this
floor.


COLONEL JoHNsoN's ARGUMENT RESUMED


In resuming his argument Colonel John
son stated that while he realized the value
Of every moment Of time, he did not re-
gret the last day, since the interruption
had led to the development Of truth
While the discrepancy in the recollection
Of himself and the juror was immaterial,
he desired that there should be accuracy
upon every point. IF he understood Mr..
PhillipS's statement Of the testimony he
was entirely sustained. The Juror thought
that it was not inconsistent with the testi-
mony of the witness to infer that it might
have been either a Sunday in December or
Sunday in February. On the contrary,
the counsel understood that the witness
said that the accused visited him on two
Sundays late in February or early in
March. Colonel J Johnson then highly compli-
mented the intelligence and discrimination
of the gentleman who had corrected him,
expressing the hope that none of the jury
would hesitate to interrupt him whenever
a misstatement had probably been made.


The counsel then read from the notes of
his "most careful and accurate associate"
Mr.. Guigon, to prove what Mr.. Miles
Phillips had said on his first examination.
True, he had made slight mistake in that
testimony, but he had scarcely left the
courtroom before his memory returned,
and he determined to ascertain from the
constable himself what the fact was in
regard to the warrant. He did go to the
constable's office on the next morning.


Colonel Young: He did not see the
constable.


Colonel Johnson: He saw the deputy.
I'll swear to Almighty God he saw him.
His desire to set himself right-his honor
able desire to tell the whole truth-was
cvinced by his going there at all.


Colonel Young He did not otlcr to cor
rect it until he saw Colonel Johnson.


Colonel Johnson: He did. did not see
him Mt all until the opening Of court on the
next day.


He then reiterated the statement in re-
gard to the respectability and credibility
of Miles Phillips. If he had not been
worthy of belief, the Commonwealth would
have had Cole, Knox, Wade, Case & Co.
upon his track, and in this court to prove
it. But this they dare not do. If Miles
Phillips did earn his bread by the sweat OF
his brow, he was an honest and good man.
Gentlemen Of the highest repute in the
community had assured him Of this.


Colonel Young objected to the detail OF
what other people said, unless it had been
previously brought in the cause.


Colonel Johnson: Do you mean to gag
me, sir?


Colonel Young: No, sir. Go on. Twill
not interrupt you again.


Colonel Johnson then went on to say
that the testimony of Mr.. Phillips was now
undisputed. Mr.. Meanley and Mr.. Crump
had not shaken it in anything that bore
upon the case. 1t was therefore fixed be-
yond doubt that the prisoner was at his
house on the night of the 18th of Febru-
arv. Can the Commonwealth say that he
was elsewhere Where is the man that
the newspapers say saw him ? Where is
Mr.. Goodman, son OF one OF the Jurors,
who was summoned here to testify that he
saw him? Why was he not produced,
when he has been in attendance upon this
court day after day, and held in reserve to
testify?


Colonel Young: 1t is improper for me
to state why any witness was not called
and what he was to testify. l might say
something on this subject about your wit
neSses.


After some further remarks by counsel
on either side, Colonel Johnson returned
to the evidence of Mr.. Miles Phillips,
holding that it was still unshaken.


Mr.. Crenshaw: Does not the prisoner s
being on Franklin street at certain hour
initiate against his being at Miles Phil
lips's at the time stated!


Colonel Johnson The places were only
about a mile and half apart. This dis
tance might be walked in twenty minutes.
when Mrs. Frayser saw him with his wife
tho sun was not down. From sundoWn TO
darl, it is an hour. 1t was nearer dark
when he arrived at Mr.. Phillips's than 1t
was near sundown when Mrs. Frayser
cav him. After the ladies saw the &C
cnsed they walked around Church Hill
and cot back home before the sun was
down Did he not then have at least an
hour and half to walk mile ana hall
Is i not plain enough that he did 60 to
Mr.. Phillips's, and that he did spend the
night there Then, was there separation
mott Can a reasonable mind hesitate
about the answer? If he stayed that night
at Mr.. Phillips's, which he assumed as
established, then they did separate. The
Commonwealth holds that they did not,