Evening star., 1898-06-08
against the defendant which had been COM
municated to the defendant.
The Alleged Threats.

against the defendant which had been COM
municated to the defendant.
The Alleged Threats.
''Sxth-The jury are instructed that In
determining whether Rye at the time of
the shooting which resulted in his death
made or undertook to make deadly as
sault upon the defendant, they should con-
s.der. along with the other evidence in the
case, any threats which they shell be sat
isiied from the evidence Rye had made
against the defendant, whether comrCuhl-
Gated TO the latter not.
'SeVenth-1f the jury find from the eVl-
dence that at the time Of the shooting
which resulted in the death cf Rye the de-
fendant on the street in the lawful
pursuit of his business, and that an aSS;Elt
was made upon him by the deceased fro'l
which he had reasonable ground to believe
and in good faith did believe that he was
in danger of losing his own life or of re-
ceivinS great bodily harm he was not re-
quired to retreat from his assailant; and
if, under such circumstances and because
he believed his life to be in danger or that
he would receive great bodily harm, ne
shot and killed the deceased, he is justf-
fled in doing, and their verdict should
be not guilty.
Reasonable Doubts.
"Eighth-If upon all the evidence in the
case the jury entertain a reasonable doubt
as to whether the defendant shot and kill
ed Rye under the belief, in good faith, that
it was necessary to do so to prevent Rye
from killing him or doing him great bod
lily harm, then their verdict should be for
the defendant.
"Ninth-The jury are instructed that If
upon the whole evidence they have a rea-
sonable doubt to whether Rye at the
time of the shooting which resulted in his
death had in his possession, open, the knife
which is in evidence, identified by the wit
hn loft Mt ic
to the benefit of that doubt.
Tenth-If the jury from all the evidence
have reasonable doubt whether the de-
fendant at the time he shot the deceased
in good faith believed and had reasonable
ground to believe that he was in danger of
losing his own life or of suffering great
bodily harm from an assault by the deceas-
ed the verdict should be not guilty.
"Eleventh-If the jury find from all the
evidence that the defendant at the time he
shot the deceased had reasonable ground
to believe and did in good faith believe
that he was in danger of losing his own
life or of suffering great bodily harm from
an assault by the deceased, actual or in
good faith apprehended, their verdict
should be not guilty."
Evidence Given Yesterday.
Unimportant evidence was given yester-
day, after The Stars report closed, by W.
b. Bryan, ]. H. Lemon, James Chase,
George H. Christiancy and Mrs. James
Small. They were called by the defense in
sur-rebuttal, and their testimony was pure
ly corroborative in character. The affi-
davit OF witness Frank Jordan was read,
and 1T stated that he had seen Canty and
Waggaman in conversation at the Wyatt
building jus: before the shooting
Defendant Canty also testified with re-
gard TO the preparations he said he had
made on the night before the shooting that
he had meant such actions he had taken
in regard to the arrangement of certain pa
pers in anticipation of his death next day.
The Final Battle.
The preparations for the final battle for
legal points between counsel were then ac-
lively begun. Court attaches came wheeZ-
ing into court under the burden Of formid-
able stacks of law books and as each load
arrived patches of spectators tiptoed out
into the corridors, in evident fear of the
dry period about to ensue.
Luckily for the jury, they were not in
court, and enjoyed a long rest from the
task of sitting the conflicting and CONTRA
dictory testimony necessarily feature of
trials of this class of criminal cases. Canty
placidly chewed gum and sat with arms
folded during the broadsides of counsel
now and then bending his head to hear the
whispered words of his wife at his right
side. Mr.. Van Senden was not present but
all the other members of the friendly con-
tingent were in the room and took a list
less interest in the reading of authorities.
Mr.. worthington Leads.
Mr.. Worthington led off, with an elab-
crate exposition of what constitutes reason
able doubt and quickly culled from a host
of books the material paragraphs in sup
port of his contention.
In the meantime, Mr.. Polkinhorn whose
given name is Joseph H., returned, and
Mr.. Worthington stated that he had identi-
fled Mr.. Middaugh the person whom he
saw Despite objections from District At
torney Davis on the ground that 1t opens
up a collateral question, Justice Cole de-
cided to hear the evidence later in the day.
Virginia Republican Association.
The Virginia Republican Association held
its regular meeting last night at 923 F
street northwest, when the special commit
tee made a favorable report on barbecus
and picnic to be given in the early future.
The project for the purchase of han for
the use of the club was discussed The OBJ
ject of the club in owning and controlling
hall of its own was stated to be chiefly to
assist the Virginia republicans, who, after
being disappointed in seeking office, often
find themselves without money or friends
Therefore this will be known as the home
of Virginia republicans Messrs. Holiday
and Herd of Virginia addressed the club
4