Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-11
THE CLOSING HOURS
Dennis Canty's Trial for Murder
Nearing a Conclusion.
THE ARGUMENTS OF COUNSEL TODAY
Mr.. Wilson Closes for Defense and
District Attorney Begins.
EARLY VERDICT PROBABLE

EARLY VERDICT PROBABLE
District Attorney Davis began his clos
| ing address to the jury in the CAVITY muir
der case at 1 O'Clock. the appointed time
| today, but prefaced the main argument by
an excorfation Of the defendants counsel
for the charges Of unfairness which, he
| claimed, they have repeatedly and wrong
| ly urged against him.
He stood before the jury with arms fold
| ed, evidently angry. and detailed the va
rious occasions when the opposing counsel
had accused him of improprieties withou.
| cause and to prejudice the jury, he claim
| ed. and. with curt and bitter emphasis, he
said it was such things as these, done by
| modern lawyers, which had led a famous
| jurist to say that they had changed from
| advocates into literary prostitutes.
Il will put the halter around his neck"'
| he Mechanically cried, pointing to
Canty, and this assertion was the keynote
| of powerful arraignment of the accused
| in an address which later covered several
hours time.
The belief is that the case will go to the
| jury between and . o'clock today, and
| that the verdict will be returned within a
| brief time afterward.
Court sat beside Justice Cole after the re-
cess. The court room was densely crowded,
ard the leading members of the bar were
present.
The last argument for the defense was
| begun by Mr.. Jere Wilson shortly after 10
! o'clock today. Justice Cole was trl1e
| later than usual. and the jury and counsel
| had been in their places several minutes
| before his honor was announced. Crier
| Joyce's "oyez" possibly for the last time
| sounded in the ears of Dennis CAVITY and
his faithful wife and friends. Even on this
| most eventful day in his life the defend
| ant betrayed but little nervousness, and
| then only by the frequent twisting of the
| eLds of his long brown mustache.
Attorney Wilson stationed himself, as
| the other counsel had before him, just in
front of the jury with his notes piled up
| on the witness box. During most of his
| address he rested his right arm on the top
OF the box, but stepped from it again and
| again toward the jury under the spur of
his pleading for the defense He spoke n
| such quiet tones in beginning his argu-
| ment that few in the court room could hear
| him, and many. including CAVITY himself,
| had to put hands to ears. Even some of
| the jury, sitting but few feet away, found
1t necessary to aid their hearing. But he
| developed his pleading his voice increase
! in volume, and it rang Throughout the
| court room, the pleader accompanying it
| with emphatic gestures of his hand
| Only the Vital Points.
Mr.. Wilson began by assuring the jury
| that he would rot weary them by a long
analysis Of the evidence, but would speak
| only upon the vital points. He said the
usual precautions had been taken to keep
them from contact with public opinion and
expression during the four weeks of their
ordeal and that he is confident. absolutely
| confident, they will try the case only upon
| the evidence given in their hearing.
There are no discrepancies in the testi-
| n ony for the defense which cannot be rec
sense" asserted Mr.. Wilson, striking the
| back of his right hand in the palm of his
| left as he spoke each word.
| AS proof OF the fallibility of human testi-
mcny Judge Wilson said that out of forty
| witness rs introduced by the government not
one saw CAVITY or Rye until after the first
shot was fired, and they declared Rye was
| all the way from five to twenty-five feet
apart, and few agreed as to the point of the
| compass at which, relatively, the two stood.
He then took up the question of reason
able doubt and carefully defined that state
| of mind as outlined by the prayers for the
| defense
He cautioned the jury in the most impress
| sive way that they were to find for the de-
tense if reason did not well up into their
| minds in convincing assertion of the de-
| PENDANTS guilt.
Suppose man approaches another arm
! ed with a knife like this" dramatically
cried the counsel. his long. thin, nervous
| hand clasping and uplifting the deadly
black-handled blade found near Rye's body.
| Nothing is mere deadly than this 1t is
worth a hundred revolvers. 1t can be con-
cealed under a mans mantle and used with
murderous effect If he grappled with an
other. Suppose, then, this was in a mans
| hand as he approached his adversary, the
| latter would have the right to take the 9TH
| er's life. and the law cannot hold him guilty
of murder"
| Discusses Governments Theory.
| Taking up the governments theory Of the
homicide, Mr.. Wilson said:
From the time of the homicide down TO
| the preser tment Of the case to the grand
tury-indeed. down to Mr.. Shillington's
| argument, and perhaps my Brother Davis
| may carry the burden beyond-during all
| this time the governments theory has
| been that Canty shot Rye when they were
| II ON eight, ten, fifteen, twenty, twenty
| five feet apart. Their theory was that
| Canty was not in danger; did not believe
himself in peril and could not have been
! SO in the light of the evidence given. In
proof of this when you go back to the
| jury room, take The indictment. look on
| the back of it, and you will find there the
names of all the Witnesses who later testi-
| fled that Rye was far from Canty or going
away from him, or some distance apart
from MIN When the SnOtS were nfed IL
any stranger had come into the court
room he never would have believed from
! Mr.. Shillington's argument that CAVITY was
anywhere near Rye; he never could have
dreamed that they were but three feet
apart.
Review of Evidence.
when Pierre Waggaman came into court
and testified that he was talking with Can
ty just before the shooting, and, looking
| over his shoulder. saw Rye near at hand
in an evident angry mood, does my Brother
Davis mean to tell you that Waggaman
lies?"
Judge Wilson rapidly and emphatically
ce cd off q NJ of witness after witness