The times., 1898-06-07

The fourth week of the Canty trial COM
menced yesterday. and from the present
outlook it will be eight or ten days before
the case is given to the jury.
After occupying twelve days in offering
testimony direct and in rebuttal, the
Government closed its case at an early
hour yesterday and the defense immedi-
ately called its witnesses in surrebutal.
Before doing so however. Mr. Worth
ington, the leading counsel for the de-
fense. moved that the evidence OF
Frank N Pistol and Robert NJ
Dobbins, who testified on Saturday rela-
tive TO John Moylan's efforts TO borrow
pistol from the latter on the morning of
the day Rye was shot, should be stricken
from the record. The motion also in
cluded that part of Moylan's testimony in
relation to his visit to Pristel and Dob
gins on the day of the shooting.
District Attorney Davis combated the
motion with great earnestness and vigor.
contending that sufficient had been shown
even by these hostile witnesses to induce
the belief that not only Moylan wanted
the pistol he asked for for Canty, but
also that Canty was in the neighborhood
of Pistols store, No. 14l7 Pennsylvania
Avenue. at the time. The defense differed
and Judge Cole ruled that inasmuch as
the defendant, Canty, had not been con-
nected with the effort of Moylan to pro-
cure pistol the testimony was clearly
inadmissible.
AS soon as this point was decided. Mr..
Henry T. Cation. an employe of the Post
Office Department, was called 10 testify
that on the day of the killing Of Rye,
Charles Heating, the deaf witness. made
substantially the same statement that he
did on the witness stand when called by
the defense. The second question pro-
pounded by Mr.. Worthington showed
plainly why the witness was called, and
Mr.. Davis put in a most emphatic OBJ
lection. 1t was then about Il o'clock, and
as 1t was evident that the debate on the
question of the admissbility of such tes-
timony would not be concluded before the
! recess hour, the jurors were excused un-
s I'll l o'clock. Ii afterwards turned out
I that the jury was given a holiday for the
rest of the afternoon, for at the hour of
adjournment decision had not been
reached.
The question was evidently one which
I both sides were anticipating, for the doors
I had hardly been closed behind the jurors
| when Mr. Davis and Mr.. Worthington
called for authorities. and in a few mo-
ments the desks looked like small librar-
les, with tons upon tons of legal lore
piled upon one another.
District Attorney Davis argued that he
had not attacked the credibility of the
witness Heating, other than by cross
examination and such being the case it
was not permissible 10 strengthen his
evidence by corroborative testimony.
Further than this, he said, to admit such
evidence as was proposed would be OPEN
ing the doors TO the rankest kind of per-
jury, and If IL was done the statute Of
fraud would then be an excellent exhibit
for a freak museum. Under such circum-
stances Mr.. Davis said a witnesses testi-
mony might be re-enforced by any number
of liars and when such was allowed Ii
would be blue day for justice.
Mr.. Worthington, for the defense, con-
tended that the witnesses credibility had
been attacked, not only on cross-exami-
nation, but by every witness for the
Government who testified that Rye did
not have knife at the time he was kill
ed by Canty.
Numerous authorities were cited by
either side in support of their positions
and Mr. Davis had only closed his argu-
| lneDI at LUe HOuT Ol Judge
Cole did not pass on the subject further
than TO say that 1t seemed to be a ques-
ton of fact rather than of law.
In referring to Heating and his testi-
mony in the early part Of the argument
he said: Gas the jury is not within hear
ing and no harm can be done l don't
think Keatings history of his life is quite
clear"
This is a very significant statement
when II is remembered that up TO the time
Miss Somerville appeared in the case
Heating was the only witness who testi-
fed to seeing knife in Ryes hands i'm
mediately before he was killed.
Although the hearing has already ex'
tended over three weeks. from the at
tendance yesterday. It is apparent tha
interest in the case has not abated.
The first witness called was George II
Chamberlain, of Springfield, Mass, agen
and superintendent OF the Smith & WessoI
Fire Arms Company. He testified tha
ne made complete record of all weap
ons sold
The witness was then handed the pisto
with which Canty shot Rye and asked L
examine 1t. He did so. and then having
examined his record of sales said:
THE revolver was sold to E. K. Triol
& Co.. of Philadelphia, in September
! 1890"
E Mr.. Davis said he expected to intro
duce as a witness a representative of Tri
on & Co.
E On account of some misunderstanding
] about the telegraphic summons, the wit
ness was not present this morning MI
1 Davis stated. however. that all he ex
pected TO show by the representative O
Trion & Co. was<that they had no recor
; of what became of the weapon in ques
Z or left f1afr