Evening star., 1898-05-30

tion and Mr.. Worthington reserved an ex-
ception.
Object to CrOss-ExnminatiOn.
Mr.. Davis then asked the direct question
Mr.. Canty, do you know Mr.. Thomas Mar
shall of Losekams. and did you, on GER
tain occasion, assault him?"
I Il was very much intoxicated at the time
and do not remember what occurred.
was not in condition to recolIect, although
l believe hit him, but l was not in a con-
clifton to know what / was doing
Counsel for the defendant resisted fur
ther cross-examination. holding that it was
in direct violation of the law. Mr.. Worth
ington insisted that the questions were
artfully devised to put the witness in such
position that evidence could be brought
in to disprove his assertions, and, indeed,
to cause his prosecution for perjury. He
said the district attorney had no right to
examine upon collateral questions. and, ac-
cording to the rules of evidence, bind the
witness to what he says.
Have you been advised said Mr.. Davis
to witness, that l cannot examine you as
to the details of the occurrence?
This question was a thunderbot and it
brought Messrs. Worthington and Wilson
to their feet.
"Ah!" exclaimed Judge Wilson, 1.-The
question brings out just what 1 thought
the district attorney was driving at. He
wants to find out what communication the
Il deny it, said Mr.. Davis. II am glad
others are trying this case, not the coun-
SELL
Then he asked Canty il he had been ar
rested In a raid upon a gambling game run
by man named Colby, in the Randall
Hotel
Canty admitted that he was in the Ran
dali, now the Regent. playing cards with
Colby when the police entered the place.
He was not arrested. His name was taken
by the police for use as a witness. Nothing
else happened.
Mr. Davis asked witness as to his card
playing with Rye. Canty said he played
cards with Rye the first time he saw him,
and several times afterward, perhaps three
at the Arlington Club; then he stopped.
Why did you stop" said Mr.. Davis.
square,"
Go ahead and blacken the dead man."
cried Mr.. Worthington to Mr.. Davis
Prove him cheat. man of bad charac-
ter, but 1 respectfully call the courts at
tention to the fact that Mr.. Davis was the
first to bring out disagreeable facts con-
cerning the dead man"
Heated colloquy followed between coun-
Sel and Mr.. Davis stated that his only pur-
post In questioning the witness was to
show, with regard to the alleged warning
given Canty. that 1t did not relate to any
fear on Canty's part of violence from Rye.
Heated Colloquy Between Counsel.
Probably the most heated period of the
trial was at this point. The retorts between
counsel were not wholly of the ''retort
courteous kind. Frequently Mr. Davis
repartee brought out laughs from the au-
dience, which the crier suppressed by sharp
raps with his gavel.
I'd like to know why the United States
desires to prove Rye gambler, a man who
cheated. who robbed people at cards." con-
cluded Mr.. Worthington.
NJ in, d,ro fivoo 10
Piled Mr.. Davis. Then peace reigned for q
time.
Witness stated that he had been warned
several times after he had played cards
with Rye that the latter was not square.
Mr.. Canty, tell the court why you drew
the $40 out of the bank the morning of the
hcmicide,'' said Mr.. Worthington, continu-
ing the redirect examination.
Il object" cried Mr.. Davis.
Mr.. Worthington stated his purpose to be
that the witness should show his desire
to pay his life insurance as his life was in
danger.
Mr. WorthinEton Explains.
Mr.. Worthington said his object was to
show by evidence whether 1t was Canty or
Rye that was looking for the other. He
maintained that it was competent for the
defense to bring out all such facts. The
court ruled with the defense.
Now. tell u.s., said Mr.. Worthington.
why you drew the money out of the
my motive was to draw out the money
and give 1t to my wife. % that u uas