Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-05-25


sec the man who fired the shots. but saw
a man stagger back from the curb at the
corner of the Wyatt building after the
Shooting was all over for five or six steps.
and then fall When witness first saw the
man who Was staggering back he was near
the curb stone.
After the shots were fred the man appar-
entity went back about twelve feet. The
n an fell slowly to his knees and threw up
one hand. He went down SO slowly that
witness thought he had done the shooting
and was getting down to shoot again.
Leonard L. Nicholson. jr.. was recalled
by the prosecution. District Attorney
Davis read the statement given by Mr..
Nicholson to The Evening Star the day of
the tragedy, and asked IF what was printed
was what he had said. Witness said he
the statement in The Star was about what
he had said. He was mistaken in that
statement, inasmuch as Rye was not re-
treating. Did not remember exactly wheth-
err he said it was dagger or a knife that
dropped from Rye's hand in that statement.
Witness was very much excited. He tod
several people In The Star office about tn,
shooting ten or fifteen minutes after it &C.
CURED.
Edward W. Parker, statistician of the
United States geological survey. heard the
shots and opsned the window and looked
out. After the firing was over he saw a
man in the act Of falling in the street
Edward A. Albert, drug clerk in Drew's
drug store, heard the shots. He was be-
hind the prescription counSer when he
feard the first shot. Reached the front
door and heard three more shots fred He
saw man with his left hand elevated
stagger back and sink down in the street
near the northeast corner of F and 14th
streets.
More Evidence Concerning n Knife.
Charles F. Hale, the florist, testified to
hearing the shots and running to the corner
of 14th and F streets. He saw a young man
in white overalls about midway between
the Wyatt building and the Ebbitt House
with knife in his hanoi The knife ap-
peared to be dirk knife. He afterward
saw the knife in officer RiIey's hand when
Riley was in front of Drew's drug store
Witness recognized Battenfield as the boy
who had the knife. The knife in court, wit
ness said. was very much like the one Bat
tenffeld had in his hand. Cross-examined,
witness said the body was being carried to
the drug store when he saw Battenfield
with thu knife. Battenfield was following
the body.
Albert B. Shader. a student. residing at
1927 Kenesaw avenue, testified that he was
standing in the Ebbitt House drug store
door. He heard one shot, and looked to-
ward the Wyatt building at the second shot.
He saw a man standing with a pistol in his
hand pointed in witness direction. There
was man very well dressed in the street.
wearing a long coat and silk hat. Witness
thought he had a cane in his right hand.
the head of a cane in It. Something that
glistened. This was about the time the
third shot was fired. He did not see any
thing in the mans hand when he put 1t
up the second time and fell. When witness
first saw Cauty and Rye they were about
three yards apart.
Cross-examfned, witness said he heard
only three shots fired. and saw only one
fired. The man fired at was two or three
yards from the point where the pistol was
held. Witness saw Rye's hands UP while
the last shot was being fired. The left hand
was higher than the right. The slistening
article Was in Ryes right hand.
At the conclusion Of this witness testi-
mony a consultation was held between
Judge Cole and District Attorney Davis on
the subject of holding court on Decoration
day, next Monday. At the conclusion Judge
Ccle said that there was no legal difficulty
to the court sitting on a legal holiday. and
said he would consult the convenience Of
the jurors. The Latter were unanimous in
favor Of holding court on Decoration day,
and 1t was so ordered
AT this point The Stars report closed.
Additional Evidence for Cnnty.
c. o. Woodward, carpenter, of AT 18th
street northeast, was near tn, Sun build
ing on the day of the shooting. Heard one
shot and then three others in quick success
sion. Moved rapidly up to the scene of the
shooting. A wounded man was be;ng car
rled into the drug store. Witness saw
young man or boy with an open dirk knife
in his hand and told him to give the knife
to the officer The boy had on white work
ing clothes. When witness told the boy to
give thu knife to an officer the body had
been carried into the drug store and the
boy was following in the same direction.
The knife shown in court to witness was
v=ry much like it. Witness heard some one
say that the knife had been picked up in
the street.
Witness Hale. being recalled, did not re-
member saying to James Hudson, a painter
that he did not know anything about the
knife.
Witness Swaggart. also recalled, was
shown letter by Mr.. Worthington.
Did you write me that letter."
Eyes, SIR" said witness, after examin-
ing 1t.
Mr.. Worthington then passed the letter
to Mr.. Davis, who read it carefully. Mr..
Worthington then asked Mr.. Swaggart if
he desired to correct his testimony. Wit
ness said he desired to say that when he
testified as to the position of Rye's hand
on his hip. just before the shooting. he
should have said that he saw something in
Rye's hand. and that Rye's actions were
such that witness believed Mr.. Rye was
about to make a thrust at Mr.. Canty, but
that witness did not think Rye had time to
do II.
Mr.. Worthington then read swaggart's
letter to him to the jury. The letter. writ
ten after midnight Tuesday. stated that the
conscience of witness bothered him about
not stating the above circumstances when
on the stand.
On cross-examination Mr.. Swaggart said
he was absolutely confident that Rye had
something in his hand when 1t was behind
him. CAVITY and Rye were then two or
three fact apart
Saw Rye Examine n Knife.
Mr.. Worthington ANNOUNCED that the next
witness was very deaf, and Charles Keat-
ing was called. He read the oath and SUBJ
scribed to it. He was told to tell his story.
and did so.
,. II left Wizards Hotel about II o'clock
and went UP 18th street to F.
Il was crossing to the Ebbitt House when
man coming dfagona1ly from the Ebbitt
House to the northeast corner stopped and
pulled out knife and looked at it and put
1t back in his pocket. The man had on a
beaver hat and a long-tailed coat" Wit
ness said to the man: That's a tough
knife for a citizen to carry" The man
mumbled something. From his lips shaping
1t seemed hs said. go to Ill.,
The man went on to the telegraph office
corner and began to talk cross to two men
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