The times., 1898-05-22
FIRST WEEK OF THE TRIAL
Tie Evidence Is Generally Dam.
aging to Canty.
DEFENSE BEGINS MONDAY
Nearly Fifty Witnesses Have Al
ready Testified md About Twenty
The Defense VIII Occupy Week
With Its Witnesses.


More VIII Be Called ip Rebuttal-
The Defense VIII Occupy "a Week
With Its Witnesses.
The first week of the Canty trial ended
yesterday. and at the hour of adjourn
ment of Criminal Court, No. /, the Gov
ernment had introduced all the evidence
it intends offering at this time.
1t is understood that there will be
score or more of witnesses introduced In
rebuttal after the defense has closed its
side of the case.
During the six days through which the
,, trial has extended there has been nearly
half hundred eyewitnesses to the
shooting introduced on the part Of the
! Government In the main, allowing for
the usual differences with which people
see things the testimony of the witnesses
was corroboratiye. Substantially all the
witnesses, so far offered by the Govern
ment with the exception OF four or five.
| stated that when the shooting occurred
| the defendant, Canty, was standing on
| the pavement at the northwest corner of
| T and Fourteenth Streets and that Rye
| the deceased, was in the + Street carriage
| way, and several feet away from the
man who was firing at him. AS TO the
| exact distance the witnesses differ, esti-
mating il all the way from three to
| twenty-five feet.
| Several of the witnesses however, tes-
| tified directly in favor OF the defendant
| This IS true OF the two witnesses who on
! Thursday stated that when the shooting
| occurred Canty and Rye were within four
! feet of each other and facing each other
! Even these two witnesses. however, dis
| agree as to many material points. They
| both claimed to have been very near the
| parties when the tragedy occurred. still
| one Of them places both men upon the
| sidewalk when the shooting was done
while the other is just as positive that
! Canty was on the pavement and Rye in
| the roadway.
Taking II all in all, perhaps the most
| important and at the same time contra
/ dictory evidence addUced by the Gov
! ernment was Just before the adjournment
! Of court yesterday The testimony was
| in reference to q knife alleged TO have
! been dropped by the man who was shot
| and found on the ground on the spot
moved 10 the Ebbitt House drug store. In
| speaking of the knife the witness who
claims 10 have picked Il up, says he found
| II under Rye's bod and that when he
| took it from the ground the knife was
| open. Another witness. one who assist
! ed in removing Rye's body to the drug
! store. swore that Rye had been removed
| at least ten feet from where he had fall
! en- when the knife dropped TO the ground
| and he was Just as certain that the knife
/ was not open but closed.
| 1t Is expected that the whole of next
| week Will be consumed in hearing the
! witnesses for the defense and that prob
| ably one or two days In the week follow
! ing will be required TO hear the witnesses
! IN rebuttal for the Government.
| There was considerable delay in begin
ming the proceedings in the trial yester-
| day morning AS soon as the court con-
/ vened District Attorney Davis called at
i tention to the absence of Leslie Russell
a witness for the Government, and stated
! that ne understood he had left the city.
| The witness Russell was in attendance
at the trial on Monday, Tuesday and
| Wednesday.
/ He did not answer to his name on
| Thursday, and Mr. Davis asked that an
| attachment for Russell be issued. The
| return was made this morning, and show
| ed that the witness left the city Thurs
! day for Portland, Ore.
The defense expressed a great desire
! {,
! whereupon Mr.. Davis said he would use
! the machinery of the law to give Russell
| home run. Inspector Mattingly was
! then asked by Mr.. Davis TO send detec-
| tive TO look up the absent witness
| BY consent. Mr.. Edmund P Burke a
witness for the defense, was examined
yesterday morning. The cause for this un-
usual proceeding is that the witness is
| member of the District of Columbia
| Volunteers
| As soon as the witness concluded his
| testimony he was discharged in order
that he might join his regiment.
| Mr.. Burke testified as follows:
| 'I know Mr.. Canty and Mr. Rye I
saw them together on the day before the
shooting at Mr.. Jeffords's office No. 1881
| F Street. Mr.. Canty was partly sitting
on a railing and Mr.. Rye was standing
| in front of him. Rye then shook his first
| in Canty's face and cursed him. Rye
! said he would follow him and abuse him
wherever he saw him. When Rye was
| cursing, Canty said he did not want such
a scene in the street and asked Rye to go
back in the office. With an oath Rye
said the street was good enough for him.
Canty then went into the office and Rye
went down the street with Mr.. Ayers, in
| the direction of the Ebbitt House."
| When Mr.. Canty came out of the office,
| the witness said, he went toward Thir-
/ teenth Street. Mr.. Burke said that when
Canty and Rye were quarreling in front
of 1881 Street the latter had some
! thing bright in his hand; Rye appeared
! to be looking for trouble and not for
money
The Government objected to this state
ment as testimony because it was not
part of the res gestae, having taken place
! twenty-four hours before
The court ruled that the witness might
say what his impression was as to
whether or not Rye was attempting to
create a difficulty by provoking Canty to
! an act of violence. but not as to what he
| thought about money.
| The witness continuing said there were
seven other persons standing around and
| named several of them.
/ On cross-eXamination Mr.. Burke said he
was an electrician; he had worked for Mr..
| Canty from November. 1885, to August,
1897, and was with him when he failed.
Mr.. Jeffords took Canty's office when the
| latter went out of business. He went to
Mr.. Jeffordss Office about 10 o. clock on the
| day before the shooting. He said:
II went in the office and when 1 came
out saw Canty and Rye sitting on the