The times., 1898-05-31

There is a possibility. somewhat vague.
that the Canty trial. which has been in
progress in Criminal Court No. for
the last two weeks and which is nearing
a close. may be brought to an abrupt
end for the time being this morning by
motion by the defense for a continuance
on account of the absence of a material
witness.
After the examination of the defendant
yesterday few other witnesses were
offered to testify to the fact that Canty
had the pistol with which Rye was killed
in his possession for some time before the
shooting. and then Mr.. Worthington an
nounced that the defense had closed the
case except as to the examination of the
witnesses Lester Russell and James Frye.
II was the probability that the last named
of these witnesses would not be forth
coming which produced the present un-
certainly OF the proceedings.
Russell is the witness who was in at
tendance at court during the first two
days of the trial and then took French
leave His appearance was not noticed
until he failed to respond at the roll call
of witnesses on the fourth day. AS Rus
sell was summoned to testify in behalf
of the Government his absence was
called TO the attention of District Agtor-
ney Davis. Mr.. Worthington, for the de-
Tense, was also very much concerned at
the absence of the wi ness ana sta>ed that
he was informed that he had gone to
] ID sslsF hos hail
Steps were taken Immediately by Mr..
Davis 10 have Russell stopped at Chicago
and failing in that. he telegraphed the
United States marshal at Portland 10 ar
! rest him on his arrival there and return
! am TO Washington Immediately SO far.
nothing has been heard from the officials
AZ Portland; hence the proposed action by
counsel for the defense.
In his statement TO the defense Rus
/ sell says that before the shooting he saw
! Rye make a hostile demonstration to-
| wards the defendant. Canty. and Mr.
] Worthington offered TO let this go to the
| jury as testimony. Mr.. Davis objected,
and said ne was as anxious as the defense
! for the presence Of the witness He also
stated that he had used all the power of
! his office 10 have the witness apprehended
| and returned.
Russell also made a statement of the
! circumstances OF the shooting TO the dis
trict attorney and Mr.. Worthington ask
/ ed that this be produced for inspection.
! This request Mr.. Davis refused, on the
J ground that It was not a public document.
| When a similar request was made at an
! early stage Of the trial it viii be remem-
| bered that Mr.. Davis said he would rot
! in Jail before one of them should be drag
/ ged from him. and that Mr.. W0rthingtOr
| then stated that if ne persisted. the de-
| fense would ask for a subpoena ''duceS
| tecum.
The order Of procedure this morning, il
! is understood. will be that the defense
| will first move for a continuance, based
on the grounds above stated and in cast
II IS not granted they viii then ask FOL
| 4 subpoena 'duces tecum,' and if tht
1 court refuses this. application Will b,
made to Attorney General Griggs. In tn,
/ event Of both these motions being refused
a proposition viii be made to Withdraw
one of the jurors which, if indOrsed, viii
Of course end the proceedings for tn
present term.
Mr.. Davis said yesterday. in opposing
the continuance on account of the absenc,
Cf the witness Russell that 1t was tn
wrong time for the defense to make suCl
a request. as it should have been don
when it was learned that he had left tn
city. He stated further that as the wit
{
and not new matter. it was not sufficien
ground for postponement.
By consent the argument on thes
questions was deferred until this morn
ing.
When the court opened there was
. larger attendance than on any day sine
the trial began. Except for the testimon
of the defendant, Canty. nothing ney
was brought out relative TO the shooting
On cross-examination Canty said that h
mad armed himself on the day of the alter
cation with Rye He went home and re
turned TO No. 1891 about l O'Clock tn
same day.
When court opened, Mr.. Worthlngto1
called the defendant Canty, TO the witnes
stand to correct his statement as to tn
place he kept his pistol al home.
He said it was not under wardrob
for he has none in his house, but was KEEP
under a small dresser.
On the crOsS-eXaminati0n being contin
ued by Mr.. Davis. Mr.. Canty said: 81
bought the pistol about four years ago
I bought it after 1 got married; l wa
then living in Grant Place; | was Marie,
in July 1898: when | left Grant Place
went TO the Irvington Hotel; when l lef
home on the morning of the shooting
put the pistol in my right-hand trouser
pocket; 1 drew $50 from the Columbi
Bank and gave it to my wife; / was no
|. at the office of the insurance company o
March IA"
At this stage Mr.. Davis stated to tn
court that he desired to ask the defer
dant as to personal difficulties he ha
had with persons during the last tw
years. On Saturday when this questio
was first brought to the attention of til
court the defense stated that ii woul
interpose no objection but on furthe
consideration they would object.
Mr.. Davis then asked the witness: I'D
you know Mr.. Thomas Marshall, the pro
prietor of the Losekam. and did you a.
sault him2"
saulted him when / was so full that di
not know what ! was doing. I don't II
member assaulting him with knife"
On redirect examination by Mr.. Worth
ington the defendant said: Il was play
ing card with man named Colby at til
Randall. now the Regent Hotel, when
policeman came in and took our name
That was the last / heard of it, Tt
first time l ever saw Rye / played caro-
with him. / played with him twice
maybe three times. i stopped because
heard he was not square | was a VII
itor at the Arlington Club: its member
were prominent men-senators and bus
ness men,.
1t was offered in testimony by the d.
fense that Mr.. Rye was excluded frol
| the Arlington Club because he was NJ
square" Mr.. Davis objected and he VIZ
| sustain, l.
Cont; ling Canty said: Something r,
markab struck me while playing card
e with Ry -" Here the witness was stoI
! ped aga ! by Mr.. Davis, who said sue
! / testimon twas irrelevant. After the que:
i tion hav.,g been changed Canty was a
lowed TO continue and said: Il though
that while playing with Rye he handle