Caroline Stites Rape Charge
The State of Missouri
Vs
Henderson Philips
Evidence
Box 58
The State of Missouri in the Circuit Court of Barry County, February Term, 1868. The Grand Jurors of the State of Missouri, empanneled, sworn, and charged to enquire within and for the body of Barry County, upon their oath present, That Henderson Phillips late of the County and State aforesaid, on the 26 day of October A. D. 1867, at the County of Barry, and State of Missouri did then and there unlawfully, willfully, violently and feloniously make an assault in and upon one Caroline Stites, a female over the age of twelve years, and hath said Caroline Stites, then and there unlawfully, willfully, violently, and feloniously, and against her will, did ravish and carnally know.
--Wm. Grammer
County Attorney and Protem
State of Missouri
Vs.
Henderson Phillips
Rape
Examination and Information
State of Missouri
County of Barry
Henderson Phillips arrested upon charge of Rape upon the body of Caroline Stites upon complaint of Caroline Stites
Before H. M. Harbert
Justice of Peace
Within and for White River Township
October 29th 1867
of lawful age introduced and sworn as witness on the part of the prosecution upon examination says: My name is Caroline Stites. I am married. Husband’s name is G. R. Stites. Have been married about six weeks. Lives in Barry County, Mo. On Kings River. Knows Henderson Phillips. Been acquainted with him about 12 months. Know him well when I see him. Witness recognizes defendant as Henderson Phillips being present and points him out to the court. Saw defendant on the 26th of this month. Sarah Phillips came to my house. She persuaded me to go part of the way home with her. I went a piece of the way with her. Henderson Phillips and George Phillips was down in the bottom when we got down there. We all went down to the creek together. When I started back Sarah & George crossed the creek and ran off. Henderson Phillips said he was going back with me and I told him no. I started back. He went back with me. He stopped and took hold of me. He asked me if I would not let him have some. He asked me to sit down on a log and talk awhile. I told him I would not. He then pushed me down backwards. He did as he pleased with me in spite of all I could do. I then went home. When I got home nobody was there but Elizabeth Danley & the children. I sent one of the children after my husband and Martha Moore came soon after & I told Elizabeth and Martha what Henderson Phillips had done. My husband come and staid about 15 minutes and went to Wes Martins about two hundred yards. Jack Phillips was with him. When Sarah Phillips come to my house she appeared very anxious for me to go home with her and I did not consent at once to go with her but she persuaded me to go with her. Did not tell me what she wanted me to go for. She appeared to be in a hurry. She said Henderson Phillips was at home and sent her in a hurry. Did not say what he had sent her for. When I first saw Henderson and George Phillips they were off the road a little and said they were squirrel hunting. They had no guns. When we got the creek I turned to go home as I had not promised to go all the way home with Sarah Phillips. Sarah and George said nothing as they ran off. I told defendant that he shouldn’t go home with me. He was a foot and walking on with me. He said nothing more until he took hold of me. The creek I speak of was Kings River. Do not know what direction the crossing of the creek is from our house. It was from 1/4 to 1/2 miles distant from our house. Defendant pushed me so that I sat down on the ground. He then held me awhile. Then pushed me clear over. I was not well at the time. I tried to resist him but was so weak I could not help myself when he pushed me over he was upon me. He put his parts within mine. When I say his parts I mean his penis. I cannot tell whether he spent seed or not. He had his penis in my sexual organ not more than a minute. He kept it there till he was satisfied to withdraw. Do not know whether he was interrupted or scared or not. I did not see or hear anything to scare him. This was between 50 and 100 yards of the river on the road leading from our house to the river in Barry County, State of Missouri. The road is traveled a good deal but not a public road. It is just a neighborhood road. When Henderson Phillips threw me down and had his will with me it was all forcable and against my will. When he was ravishing me I did not hallow. I was afraid of defendant. He had two revolvers buckled around him. I was afraid he would kill me. I always have been afraid of him. When George and Sarah Phillips ran off from the creek I could not see them after they were ten steps from it for the bushes were in the way. There was a great deal of brush on each side of the road from our house to the creek. Did not see George or Sarah Phillips any more that day after they run off. When defendant was through he said nothing but went off right strait in the direction of the creek and I went home. All these facts stated by me took place in Barry County, State of Missouri, in the afternoon of the 26th day this month (October)
Cross Examination by Defendant (Caroline Stites)
When Mr. Phillips and I went back from the river I did not give him leave to got back with me. We did not go off arm in arm. There was no previous agreement for us to run away together. I was at Henderson Phillips house on Sunday previous to the occurrence. Sarah Phillips went home with me that evening and staid all night. When we got off a piece from Phillips house I did not say to Sarah let us wait awhile and see if Henderson will not come up. Sarah Phillips and I stated to the post office on Monday after the Sunday spoken of. We said we were going to the P. O. and Henderson and Jack Phillips run on ahead of us and waited till we come up. We then all went on to the P. O. together. Defendant and I did not walk together as we went. There was no agreement between me and defendant on the day before to go to the P. O. together on that day. Did not promise him that he might go home with me on that evening. There was no understanding between me and Mr. Phillips to run away together. Did not persuade Defendant to run away with me and go where Wm. Gillum was.
Re-examined (Caroline Stites)
After I started from the creek Defendant run up the hill and caught me by the hand but it was against my will.
Signed, Caroline Stites (Her Mark)
Sworn to and subscribed before me the 30th day of October A. D. 1867
H. M. Harbert, Justice of the Peace
Witness on the part of the Prosecution introduced sworn and examined says I am a widow lives near Kings River in Barry County Mo. Have four children living with me. Was at home on the 26th of this month. I know Caroline Stites. She is a married lady. She and her husband live with me. His name is George R. Stites. I live between a quarter and a half mile from the river. There is a road running from my house to the river and only one. I am acquainted with Henderson Phillips. He lives across the river about a mile from where I live in a northwestern direction. There is a path running from my house to Phillips. It is not traveled very much. Principally traveled by the neighbors. I know Sarah Phillips when I see her. She is a sister to Defendant. I saw her at my house on the 26th of the month. She came there about 2 hours from Sundown in the evening. She staid about half an hour. She told no business when she came. She asked me to go home with her. I refused. She then asked Martha Moore to go and she refused also. She then begged Caroline Stites to go and she went about half the way home with her. Caroline Stites came back between sunset and dark. She was crying when she came and appeared to have been crying considerable and complained that she was sic. I asked her what was the matter and she told me that she had suffered brutal treatment at the hands of Henderson Phillips. She had been sick very near two months and did not appear more feeble than usual. She appeared very much distressed and has so appeared ever since. When she came home Martha Moore was not at my house but came in about an hour. When Martha came Mrs. Stites told her what Phillips had done to her. Her husband was not there but she sent for him to come.
Cross Examination by Defendant (Elizabeth Danley)
It is about half a mile from my house to the river in the direction of Henderson Phillips or between that and a quarter. Caroline Stites went about halfway to Defendants. I did not go with them. I could not have seen them 50 years from the house. I know that Mrs. Stites went halfway because she told me so.
Signed, Elizabeth Danley (Her Mark)
Sworn to and subscribed before me this the 30th day of October A. D. 1867
H. M. Harbert, Justice of the Peace
Witness on the part of the Prosecution introduced, sworn and examined says I am fifteen years old. Was at Mrs. Danleys on the 26thth of this month. I saw Sarah Phillips there in the evening. She asked us to go home with her. That is me and Elizabeth Danley. We did not go. Caroline Stites went with her. She asked Caroline to go and begged her. I did not see Sarah Phillips after they went off. I saw Caroline Stites again in about an hour. No person went with them. I saw Caroline Stites after she had gone off with Elizabeth. She was at Mrs. Danleys and appeared mad and was crying and seemed to have cried a great deal. She looked tired and weak. I did not ask her what was the matter but she told me. She said that Henderson Phillips had ravished her that evening all this in Barry County state of Missouri.
Signed, Martha Moore
Sworn to and subscribed before me this the 30th day of October A. D. 1867
H. M. Harbert, Justice of the Peace
State of Missouri
County of Barry
The Examination of Henderson Phillips late of the County of Barry and State aforesaid taken before me H. M. Harbert one of the Justices of the Peace within and for the County of Barry aforesaid. On the 30th day of October, 1867, the said Henderson Phillips being charged before me with on the 26th day of October 1867 at the County of Barry and State of Missouri willfully, unlawfully violently and feloniously making an assault upon Caroline Stites and her the said Caroline Stites then and there forcibly and against her will feloniously ravishing and carnally knowing. He the said Henderson Phillips upon his examination now taken before me says on Sunday before the offense with which I am charged is said to have been committed Caroline Stites came to my house but she and I had no conversation that day except that she promised to go with me and my sister Sarah to the post office next day. Next morning me and my brother Jack had started to P. O. just as Caroline Stites and Sarah Phillips were coming up. They hurried on after us apparently to overtake us and did overtake us. We then all went on together and I went with her according to her consent and then she told me that her and her old man was parted and now she would run away with me as I had asked her to before she was married. I told her I would study about it. I then asked her if I could go back with her. She told me I could. I went part of the way. I hugged her and felt of her titties and done just as I pleased. She appeared willing enough only it seemed to plague her. Then I did not see her any more to talk with her till last Saturday. Then Sarah wanted to go over there after some money that Caroline Stites was owing her. I told her to go on that Jack was going over that way to Dave Stites and she could go with him and for her to hurry back. Then me and George went a squirrel hunting and the dogs treed close to the road and while we was there shooting at the squirrel Caroline and Sarah came along. Sarah said to us that we had to go back with her home and we all went along together till we got to the river. There we sat and talked a good while. Then Caroline Stites said she had to go back home as she had not promised to go all the way. I asked her if I could go home with her. She said she reckoned not all the way but that I could go a piece if I wanted to. We started off hand in hand and we had went about a hundred yards. She then said she expected I had better go back that they might be watching her. Then we stopped and I asked her for it. She said nothing but sort of laughed. She then sat down. I thought there was nothing more to say and I went to work. When I was through she got up and we parted friendly. I went toward my house and she went toward hers. I saw her no more then till Monday morning and further he saith not.
Taken this the 30th day of October 1867 the said Henderson Phillips not being under oath.
H. M. Harbert JP
State of Missouri
County of Barry
I H. M. Harbert one of the Justices of the Peace within and for the County aforesaid do certify that the said Henderson Phillips was brought before me and charged before me with forcibly ravishing one Caroline Stites and that the said Henderson Phillips was distinctly informed by me of the charge made against him, and that he was at liberty to refuse to answer any questions put to him and the examination of the said Henderson Phillips as also the information of the said Caroline Stites and Elizabeth Danley and Martha A. S. Moore witnesses were by me taken and reduced to writing the day and year aforesaid.
Given under my hand, this the 30th day of October 1867
H. M. Harbert
Justice of the Peace
Transcript of Docket
State of Missouri
Vs.
Henderson Phillips
October 29th
1867
Warrant issued the 29th day of October 1867 upon the Complaint and oath of Caroline Stites for the Crime of willfully, unlawfully, violently and feloniously making an assault upon her the said Caroline Stites and her the said Caroline Stites forcibly and against her will feloniously ravishing and carnally knowing on the 26th day October 1867.
Warrant returned October the 29th 1867 executed by having the body of the said Henderson Phillips before the Justice.
The Justice having heard the evidence adjudges that the said defendant give bail in the sum of twelve hundred dollars to appear on the first day of the next term of the Circuit Court for the County of Barry then and there to abide until discharged by due course of law and the said defendant giving bail as required by the Justice it is ordered that said defendant be discharged.
Bail for Defendant
State of Missouri
County of Barry
I HM Harbert one of the Justices of the Peace within and for the County aforesaid do certify that the said Henderson Phillips was brought before me and charged before me with forcibly ravishing one Caroline Stites and that the said Henderson Phillips was distinctly informed by me of the charge made against him, and that he was at liberty to refuse to answer any questions put to him and the examination of the said Henderson Phillips as also the information of the said Caroline Stites and Elizabeth Danley and Martha A. S. Moore witnesses were by me taken and reduced to writing the day and year aforesaid.
Given under my hand, this the 30th day of October 1867
H. M. Harbert
Justice of the Peace
State of Missouri
Vs.
Henderson Phillips
Recognizance
Elizabeth Danley
Caroline Stites
Martha A. S. Moore
$50.00 Each
Approved this the 30th day of October 1867
H. M. Harbert
Justice of the Peace
State of Missouri
County of Barry
Be it remembered that on the 30th day of October 1867 at the County aforesaid Caroline Stites, Elizabeth Danley and Martha Moore came before me a Justice of the Peace in and for the County aforesaid and in their own proper persons acknowledged themselves indebted to the State of Missouri the sum of fifty dollars ($50.00) each to be levied of their respective chattels and goods lands and tenements upon conditions that if they shall personally appear before the Circuit Court of said County on the first day of the first term thereof to be holden for the County of Barry then and there to testify and give evidence in behalf of the said state against a certain Henderson Phillips on a certain charge of willfully, unlawfully, violently and feloniously making an assault upon Caroline Stites and her the said Caroline forcibly and against her will feloniously ravishing and carnally knowing wherewith the said Henderson Phillips is charged and shall not depart the said court without leave then this recognizance to be void otherwise to remain in full force and effect.
Signed, Elizabeth (her mark) Danley
Caroline (her mark) Stites
Martha Moore
Attest, Geo Hubbin
State of Missouri
County of Barry
Be it remembered that on the 31st day of October 1867 Henderson Phillips of Barry County Missouri, Russell Johnson of Barry County Missouri and Pascal Moles of Barry County Missouri personally came before me H. M. Harbert Justice of the Peace within and for said County and acknowledged themselves to owe to the State of Missouri that is to say Henderson Phillips as principle and Russell Johnson and Pascal Moles as Security bind ourselves served in the sum of twelve hundred dollars to be levied of our there goods and chattels, lands and tenements if the said Henderson Phillips shall fail in the conditions underwritten.
The conditions of this recognizance such that if the Border Henderson Phillips shall personally appear at the Circuit Court on the first day of the next term thereof to be holden for the county of Barry on the first day of the first term next then and there to answer an inditement to be prepared to the Grand Jury against the said Henderson Phillips for (?) charge of willfully unlawfully violently and feloniously making an assault upon Caroline Stites and her the said Caroline Stites forcibly and against her will feloniously ravishing and carnally knowing wherewith the said Henderson Phillips is charged whereof he stands charged and shall not depart the same without leave of the said Court then this recognizance to be void otherwise to remain in full force.
Taken and certified the day and year last aforesaid,
H. M. Harbert
Justice of the Peace
Signed, Henderson (his mark) Phillips
Russell (his mark) Johnson
Paschal Moles
The State of Missouri
Vs.
Henderson Philips
Transcript
Filed Dec. 25, 1867
Carlin
Russell Johnson & Paschal Moles, Elizabeth Danley, Caroline Stites and Martha Moore were recognized in the sum of fifty dollars each to make their appearance at the next term of the Barry County Circuit Court as principal witnesses in the Cause.
State of Missouri
County of Barry
I HM Harbert do certify the foregoing to be a true and complete transcript from the entries on my docket in the case of the State of Missouri against Henderson Phillips on a charge of Rape and the examination of witnesses and of the prisoner and all the papers before me are attached hereto and herewith returned.
Given (?) my hand this the 24th day of December 1867
H. M. Harbert
Justice of the Peace
The State
Vs.
Phillips
Filed in open Court
February 13, 1868
G. L. Carlin
Clerk
State
Vs.
Henderson Philips
Indictment for Rape
I reside in Barry County Mo., I know Caroline Stites. She passed for my daughter. She is now dead. Died Jan 15/68. I saw her die & buried. She was the wife of G. R. Stites. She was married to Stites in July 1867. She had been married about 2 mo before the 29th of Oct 1867.
I know Henderson Philips.
Question: Was Henderson Philips present when this deposition was taken.
Answer: He was.
Which was objected to & objection overruled.
Deposition of Caroline Stites offered as evidence and objected to & objection overruled.
I live in Barry County on Kings River. I was acquainted with Caroline Stites. Have known her ever since I could recollect. I saw her about Oct 26th of Oct 1867.
State if Caroline Stites stated to you on the evening of Oct. 26/67 anything about the defendant doing any injury to her?
Answer: She said Henderson Philips had raped and feloniously ravished her. She seemed like she was pestered very much. She was crying. She was living with me at the time. She told me what had happened in five or ten minutes after she came home. I asked her because she was crying. (Objection & objection overruled)
She was gone about two hours. It is a short mile from my house to Henderson Philips. She went in the direction of Henderson Philips with Sarah Philips. I knew Henderson Philips. The prisoner is the man. There is no public road from my house to Philips. There is a path. I live on one side & he lives on the other. There is considerable brush between where I live & where Philips lives but not much between where I live & Kings River. She had been staying with me about 4 or 5 weeks. I am acquainted with George R. Stites. He also lived with me. Jack Philips was at my house the same evening with Sarah. They are brother & sister of Henderson Philips. Jack Philips left first & went to Wesley Martin’s & came back after night. He had also been to GR Stites. Riley left my house first. He said he was going to Wesley Martin’s. Sarah Philips was not there when Riley left. Jack & Sarah came together. She was chilling at that time and had been for about two months but could go about.
Cross Examination (Elizabeth Danley)
I asked her what was the matter and she said Henderson Phillips ravished her whether she liked it or not and that she told him that she would tell her husband and people but did not say anything about force. Her hair was done up when she went away and her hair and clothing was in as good order when she came back as when she went. I heard no hollowing. I could have heard any if any had been done. She was 17 years old, would have weighed 120, a bit taller than I.
She done ordinary work about the house, chills every other day and sometimes every third day. She was reduced considerably.
The post office is about three miles from my house. She went there on Monday previously. She was not altogether in as good health on Saturday as on Monday.
She frequently went to the defendant’s house. I saw Caroline Stites then Caroline Gillium with the defendant. They were talking together. It was at her father’s. The defendant knocked the light out with his hat and she remained there about midnight. He was married then. She said defendant had his arms around her and her brother held her so he could get his arms around her, but she made no objections at the time. This courting was about six weeks before the rape took place. I saw them together, going to meetings together two Sundays in September. We went by his house and as we went home, he followed Caroline Stites. I went with Caroline’s father about a mile to a peach orchard. He (Phillips) went home with her, about a mile and a half. She manifested no fear. They were talking together. Defendant’s wife was at home.
I was at a (?) at Jack Philips last summer. Defendant walked with the said Caroline up to the house from the river. I did not think she wanted to walk with him. He stayed all night. Deft. Went home first. I saw him no more that day. She danced with him. I don’t think she was outdoors with him that night. She did not seemed to be scared. I was with her. Caroline and her husband was living together when this rape is charged to have been committed. Stites was at Wesley Martin’s and he came up in about one hour and a half. Jack Philips was with him & then they went away & he came back next morning. He did not make any inquiry about what he had been sent for. They were married five or six weeks when this occurred.
Re-Examine (Elizabeth Danley)
Caroline did not send word to her husband what had happened.
I live on Kings River in this county. I lived with Wesley Martin on the 26th of October 1867. Mrs. Danley lived about 100 or 150 yards from where I lived. Mrs. Danley has a husband but is not living with him. She was not living with him at that time. I was at Mrs. Danley’s on th 26th of Oct 1867. Caroline Stites was there. She said Henderson Philips had ravished her. She said nothing more about it. Only it was in the Kings River bottom on the path from Danleys to Philips. She told me this after sundown on Saturday. Caroline Stites had started off with Sarah Philips that evening. I heard Sarah Philips ask her to home with her & she said could not go but would go a peace of the way. Sarah asked Elizabeth Danley & myself to go also. They went toward Henderson Philips. She said it was just in cup of the bank of the river bank where she was ravished. Was on the road on top of the river bank a little piece from the river. Could not see from where I lived to where she said she was ravished. Caroline seemed to be in trouble. She was crying. She told of it about 1/2 hour after she came to Mrs. Danleys. I know of her sending for her husband. He was at our house. Mrs. Stites I think was not in very good health I did not hear her say what was the matter.
Cross Examination (Martha Moore)
I did not observe that her clothing was torn or dirty or that her hair was in a confused state nor any scratches or any other signs of confusion in dress or anything about her. I was at Mrs. Danleys a part of the time while Caroline was gone. Her husband staid at our house a part of the time & at home a part of the time. The place where she said the rape was committed was not more than 75 yards from the river & just on top of the river bank. She said Henderson Philips done as he pleased with her. I am going on 16 years old. I have been married. I do not know where my husband is. I have not seen him for over one year. I do not recollect just what Caroline did say well enough to tell. She was about the size of Mrs. Danley & about 20 years old.
Re-Cross (Martha Moore)
She said Philips had asked her for some. She said he couldn’t have it & that he did as he pleased with her.
Caroline Stites was sick about the 26th of Oct 1867. Had the chills. She would have weighed about 100 lbs. When well she would have weighed 130 to 140 lbs. I am acquainted with Henderson Philips. Deft. Is very stout of his size. A pretty good scuffler. I think I heard him say he was going on 21 years old. I do not know anything of defts. health about the 26th of Oct 1867.
Cross (Spencer Gillum)
Caroline had chills off & on about two months. I have no idea in the world but she had lost 30 or 40 lbs of flesh. Post office is 2 1/2 miles from where she lived. She lived at my house a part of the time of which I have spoken of as her being sick. I think she had been married about two months. Was 17 years old. Was sound & healthy except chills. I saw her on Monday after the rape is charged to be have been done. I saw no signs of any force, bruises, scratches or anything of the kind. The bottom is 100 to 150 yards wide. The river bed from bank to bank is 50 to 60 yds wide.
Defendant Witnesses
I know Henderson Philips the defendant. I knew Caroline Stites about 3 months before her death & 7 or 8 weeks before the alledged rape was committed. Saw her everyday. On Saturday before this alledged rape she came to my house & asked where her husband was & said she was going to leave him & I told her that was strange he was a good man. She said she did not intend to sleep with him any more that she did not love him that she just married him to get away from her father. She said there was somebody else she loved better. She said that person is Henderson Philips and is a married man. She said she liked Defts little finger better than her husbands whole body. Said she was going to get a letter wrote to her brother and that she was going to try to get deft and his sister Sarah to off with her. She said she went to Philips the next day and got Sarah Philips & got my daughter to write a letter for her. Next morning she came & said she was going to put the letter in P. O. I saw her often afterwards. She was a weakly looking woman. On Satuday of rape she had a chill. That was the Saturday after I had the conversation about Henderson Phillips. She said that the Phillips she loved was the one that married the woman that my cousin married & left. Deft is the man. The time she told about loving deft, she also told me not to tell Wesley Martin’s wife who is a sister of Stites.
Cross (Mrs. Martin)
She went to the post office & then to her fathers & then to Arkansas and then back and was at my house afterwards. I did not object to my daughter writing the letter. She was her own woman. I thought her weak muscles & weak lungs. She looked weakly. I lived east of Mrs. Danley. Henderson Philips lives south of me. It is very broken road and cannot go strait anyway. I saw Henderson Philips for the first time the next day after the rape charge (?). Caroline then showed him to me & said that it was the deft. He the deft came to my house that day and was with my boys. She said the defendant done as he pleased with her without her consent.
Re Cross (Mrs. Martin)
Her husband was in the adjoining house to mine. His brother went off with him & I think her husband also. They went up toward Mrs. Danleys. Riley may not have gone away with the defendant. I cannot say.
George Phillips
Caroline Stites was owing Sarah Philips some money & she went over to Danley’s where Mrs. Stites was to get it & then Deft & myself went down in the river to hunt some squirrels. Went some near to Caroline Stites lives & when she saw us she commenced waving her bonnet and spoke to us and passed on. Deft walked up between Sarah Philips & Caroline & put an arm around each of their necks & then Sarah fell back & Sarah & me went to get some grapes by the side of the road. Then we went up to where they were. They were standing face to face about (?) & talking innocent to the creek. I crossed over & Sarah & Henderson & Caroline staid on the other & I sit down & waited there a while for them to come over. Then in a few minutes Sarah Philips came over the river & Henderson & Caroline staid on the other side. Deft & Caroline turned round and went back over the gravel bar & up the bank. I saw them til they got off about 250 yards and then they got out of my sight & in about one quarter of an hour the deft came on and overtook us. They went off hand in hand laughing and talking as far as I could see. I could see them 250 yds. It would be 1/2 mile from river to Mrs. Danley’s The top of the hill is not more than 50 yards from Mrs. Danleys. I could see them about 20 steps after they got up over the riverbank. I have seen the deft & Caroline together at other times. I saw them about 3 or 4 weeks before that and they went off walking hand in had. I live with my brother the deft. Caroline came sometimes once & sometimes twice a week. I was at school & did not see her all the times she was there. She never manifested any fear of the defendant. They started off hand in hand. Could hear them laughing but could not hear what they were saying. Mrs. Danley & Mrs. Stites are (cousins ?).
Cross (George Phillips)
Henderson Phillips is my brother. Me & my sister stopped to wait for the Deft. We done so because he said he was coming back. We waited til he came. Came back as had just started. We could see from where I was in direction of the way they went. I could see about 250 yds. Could not see but a very few steps after they passed over the gravel bar. Could not say just how long we waited after he got out of sight. Could see to the river from where I was. I never questioned time but I suppose it about a quarter of an hour. The other time I speak of their being together they were coming from Caroline’s father to a dance at Elizabeth Daniels. She was at deft house the day before the time the rape is charged to have happened. We had one pistol each when we were hunting squirrels. We were on the side of the road when I first saw Sarah & Caroline when we were hunting. I went round the tree to turn the squirrel for my brother to shoot it. My brother was in the road. I live about 2 miles from Squire Harbertts.
Re-Ex in Chief (George Phillips)
I heard no hollowing or screaming in the direction in which the deft & Caroline went.
I knew Caroline Stites also Henderson Philips. He is my brother. I saw deft & Caroline Stites together about a month before the difficulty. She and her father & others came past our house & Henderson went to church with her & went to get peaches & the Deft & Caroline walked together hand in hand. He wasn’t about to get away from her father. The Sunday before the difficulty she was at my brother’s all day and next day Caroline & Sarah came along to go to the P. O. & the deft & her walked hand in hand only when we were passing houses & then she would drop back with me. They were both married. She had been married about 3 or 4 weeks. She said they were parted. I was with Riley Stites on the day the difficulty was said to take place. Deft came to Martins the next morning & Stites was there. I had not heard anything of it. Stites & I staid that night at Wesley Martin’s. I went to Danley’s with Riley Stites that night & he went back to Martin’s with me. I saw the deft & Caroline at my house several nights after he was married. She did not seem to be afraid of him. It is 2 to 3 miles to the Arkansas line from Mrs. Danley’s & to Lem Gillums about 3 1/2 miles. This was on Thursday before the difficulty and on Monday to the Post Office which was 2 1/2 miles. Her husband did not go with her. Elizabeth Danley (went) with her to Arkansas.
Cross (Jack Phillips)
I have known the deft. His right arm has been broken twice & has been afflicted with rheumatism for 9 months at a time. So he could not walk without crutches. He had the chills at the time of this alledged rape but has always been a weakly boy and had been having chills every other day.
Re-Cross (Jack Phillips)
Do not know how old I am. Deft was a soldier in Capt. John Moore Company. Was in the service about twelve months. Caroline told me and sister Sary & Lucindy that her then husband was parted. She said she had been to Lem Gillums and Sarah & Elizabeth Danleys was present. I saw Riley on Friday in the day before she got back at night. I saw her on Saturday night about 2 hours before night. I left before Sarah left. I had started to Dave Stites and stopped at Martins. David Stites lived about 2/1/2 miles from where I lived. I started about 3 hours by sun. I got there when the sun was about 2 hours high. Stites & I left Danley’s together.
I was acquainted with Deft. He is my brother & knew Caroline Stites. I havge seen them together. She came to our house one day and I went home with her & we got Martha Moore to write a letter to her brother on Sunday evening. He engaged her company to go to the post office & Deft went with her & they walked hand in hand. She said she loved him. She sent a message by me to deft to know if he would run off with her. I did ask my brother & he said he would to & I then told her what he said. She said she did not love her husband & that she only married him to get from under her father so that she could get a fair shake at Deft. We got to talking about having a child & she said she would not have a child by her husband but that she would have one by one she loves & that she did love the Deft.
On the day of the rape was alleged to be done I went to Carolines to get some money she was owing as Deft was going to town. I asked to go home with me and she asked me where Henderson was & I told her he had gone a hunting & she said the flag backer likes his & then the pistol fired & she tapped me on the feet & said that it was Henderson. She had also asked Martha Moore & Mrs. Danley also to go & Caroline said she would go ten steps & we started to run & she said is that not Henderson & she commenced shaking her bonnet & run down to him & when I came up Deft stepped in between us & put his arm around our necks & then I dropped back. Brother George & I stopped to get some grapes and then went on & passed them when they was talking and then George went over the river & I asked her to go home with me & she said she could not & Deft then asked her if he could go home with her & she said no but you can go a part of the way. I crossed the river where George was & Deft & Caroline stood there a little while & then they went off together laughing & talking. It would make them 200 or more when out of our sight & about half way to Mrs. Danley’s. I saw no effort to commit any rape. She did not exhibit fear but was more loving than man & wife. Said she would leave & got to her brothers if me & Deft would go with her. Said he paid no attention to her but would pass all the activity to Martha Moore & Elizabeth Danley. Defendant came back laughing and not fatigued. When they first started back they had their arms around each others neck.
Cross (Sarah Phillips)
Am sister of Deft & live with him. Is a mile from Deft to river & 1/4 to Danleys. Caroline & Deft threw rocks at George. It was the same day of the rape that the she said she would not have a baby by Stites but would by a man she loved & that she loved Deft.
The State of Missouri
Vs.
Henderson Phillips
Indictment for Rape
We the Jury find the defendant not guilty as charged in the indictment.
Thomas Stratton
Foreman
Indictment
The State of Missouri
Vs.
Henderson Phillips
Rape
This a True bill
Geo. A. Purdy
Foreman of the Grand Jury
State witnesses
Caroline Stites
Elizabeth Danley
Martha A. Moore
Spencer Gillum
Filed in Open Court
February 11, 1868
G. L. Carlin
Box No. 58
Grammer
Co-aty.
Bill of Costs in the Case of the State of Missouri vs. Henderson Phillips, arrested October 29th 1867 upon complaint of Caroline Stites upon charge of Rape, Before HM Harbert one of the Justices of the Peace in and for White River Township Barry County Missouri
H. M. Harbert—Justice’s fees
For Certificate to informant’s affidavit .15
Warrant issued .35
6 Subpoenas for State 1.95
3 Subpoenas for Deft. 1.05
Docketing case .15
Administering 3 oaths .15
Taking examination of witnesses
And prisoner 2552 words .15 per @ 3.85
Taking Recognizance of Witnesses .35
Taking Recognizance of Prisoner .35
$8.28
OD Harbert—Constable fees
For Serving writ .75
Summoning 9 witnesses .25 each 2.25
Keeping charge of Prisoner for
3 days $1.25/day 3.75
Boarding same 3 days .60/day 1.80
$8.55
Guard’s fees
John Stites 3 days @ $1.25 $3.75
Witnesses fees
Martha Moore 2 days 1.00
Caroline Stites 2 days 1.00
Elizabeth Danley 2 days 1.00
Spencer Gillium 2 days 1.00
Lemmie Gillium 1 day .50
David Stites 1 day .50
$5.00
Aggregate $25.58
State of Missouri
County of Barry
I HM Harbert Justice of the Peace in & for White River Township in said County do hereby certify that the foregoing Bill of Costs in the Case of the State against Henderson Phllips is correct and true and that the services for which charges are therein made were actually rendered. In testimony whereof I have hereto set my hand at my office in said Township this the 7th day of July 1868.
HM Harbert Justice of the Peace
25.58
3.65
3.95
24.00
22.56
28.56
108.30
