The evening times., 1898-06-11

The last words in defense of Dennis ].
Canty. who is on trial in Criminal Court
No. l. for the murder of George NJ. Rye.
were spoken this morning by Mr.. Jere
Wilson, who made the closing appeal to
the jury in behalf of the accused He did
not go so far into detail in discussing the
testimony as Mr.. Worthington, but pre-
scented the most important phases Of the
case in an eloquent manner and with tell
ing effect.
As on Friday, when Mr.. Worthington
made the opening argument for the de-
fense, the court room was filled with
spectators, a majority of whom have been
in constant attendance since the trial be-
gan.
The defendant and his relatives. who
have also been present during the prog
ress of the hearing were early in their ac-
customed places.
AS soon as Crier Joyce announced that
the court was in session Judge Cole speak
ing to Mr.. Wilson said: whenever you
are ready Judge, you can go ahead
Mr.. Wilson arose and walking slowly
in a low tone of voice. Before entering
upon the discussion of the testimony he
said that the evidence had been SO thor
oughly gone over that it was nearly i'm
possible to say anything new: in fact he
would be inclined to keep quiet only for
the fact that the Importance of the case
and his obligation TO his client made 1t
necessary.
The whole case. he said, turned upon
a single point. He referred to Mr.. Shil
lington. who, he said, had ignored 1t
when he must have known 1t was the
vital question under consideration. He
next called the attention of the jury
to their duty. II was not the province.
he said, to totally disregard any evil
dence they had heard, but If they found
discrepancies. it was their duty to recon-
cile them. He then spoke of the part
..rea sanable doubt had to play in all
such circumstances. He then commented
on the relative worth of knife and pis-
toI in such an encounter as that which
resulted in the death of Rye. conceding
that the former was more to be de-
sired than 100 revolvers. During his ar
gument on this point Mr.. Wilson brand
ished the knife in evidence before the
jury and asked them to consider with
what deadly effect it could be used at
close quarters. He next commented on
the fac, that Mr.. Shillington never men
toned or discussed the testimony of any
of the witnesses who testified to the knife
in the case
Continuing. Mr.. Wilson laid great stress
on the fac that a dozen or more wit
nesses had testified that Immediately
before the shooting the principals, Canty
and Rye, We're facing each other not
three feet apart. and that none of these
witnesses had been contradicted- In con-
nection with this he commented on the
safe of Canty's mind at the moment he
set eyes on Rye. arguing that from what
had taken place the day before he had
every reason to believe that the latter
would attempt to take his life there and
then. He also stated that on the day of
the alteration Canty had just cause to
fear his life was in danger. not because
Rye had small pen-knife in his hand.
but because he did not know how long
the blade was. for it was carefully kept
concealed.
Along this line Mr.. Wilson commented
on the threats which had come to Canty's
ear. made by Rye as to what he would
do in case he did not get his money. He
also spoke of the horrible language used
by Rye in emphasizing these threats. All
this, he said must be remembered by the
jury in coming to a conclusion as to
what was the state of Canty's mind when
he turned and saw Rye standing behind
him on the morning of the fatal ARRAY
which resulted in Rye's death.
Mr. Wilson then took up Rye's move
ments on the morning of the shooting.
They were, he argued, conclusive evidence
that he was lying in wait for Canty like
an assassin and were so patent that had
instead killed Canty they would have been
an assassin and were so patent that had he
sufficient proof to convict him of murder
He then traced Canty'S movements, and
spoke of the preparations he had made
the night before as in fear of losing his
life he had arranged his business affairs
as best he could, and on the morning of
the fatal day drew what money he had in
the bank and gave ii TO his wife; that she
might not be entirely penniless if he were
brought home a corpse.
1t was not till near the end of his ar
gument that Judge Wilson took up and
discussed the details of the actual en-
counter between Canty and Rye and the
colloquy which took place between them.
BY putting together the fragments of the
conversation said to have been heard and
recited by the different witnesses argued
that they were all present as was shown
by the whole of the colloquy as related
by Canty himself. He then passed on
to the finding of the knife in evidence
under Rye's body.
A few minutes before closing his ar
gument Mr.. Wilson started to criticise Mr..
ShiiIington for not stating the Govern
ment's theory about the knife, adding
that up to that time the defense was in
total darkness on the subject. Mr.. Davis
interrupted with the remark that he had
informed Mr.. Worthington yesterday
that he would argue to the jury that Rye
did not have the knife. that it did not
drop from his body and was not picked
up when he fell.
excuse for her. In closing he spoke to
the newspaper reports of the shooting,
noted the discrepancies between them
and Canty's statements on the stand and
said: You can't hang a man on ac-