Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-05-18
Continuation of.thsP Proceedings Be-
fore Justice. @les
STORY Or As told BY TEE WITNESSES
The Counsel for Defense Inter-
pose Objections.
= I -. y.
r E s U 1t o f AUTO PS.Y

1
at the CAVITY trial this morning although
the court room was comfortably filled
| The prisoner occupied his usual seat and
| looked mere worried than he mas at anv
| time since the shooting. He engaged In
| earnest conversation with his partner in
| business, Mr. Van Sender, when not
| watching the proceedings closely Mrs.
| Canty, the wife of the prisoner, and his
mother were present, together with his
father, and his wife's sister and father.
After the usual preliminaries, Dr. Will
liam NJ. Gray, the microscopic went on
| the stand. Mr.. Davis continued his oues-
| tioning with regard to experiments made
with powder stains on cloth. Mr. Worth
| ington objected to the testimony, on the
ground that the evidence of eye-witnesses
should precede such testimony. After
| some little discussion, Judge Cole said that
| while he would not at this time make a
| final decision, he rather held that such
eye-witLesses should testify first. DR.
| Gray accordingly excused and VIM
| II. Diggs was called.
Mr. Worthington made the objection that
| the address of the witness had not been
furnished him, but it was stated by the
| witness that he had moved since the sum
| mons was served on him. Judge Cole over
ruled Mr. Worthirgton's objection.
Mr. Digs said the first shot fired the day
OF the shooting passed about eight inches
l
| at the time IN front of the Ebbitt House.
| He had previously noticed Mr. Canty
standing on the corner. Upon hearing the
| shot ne dismounted and looked in the d.
| rectfon from which the bullet came He
| saw Canty standing on the curbstone. and
! Rye was about twelve feet from him in
the street. Then he heard three shots in
rapid succession saw Rye fall and heard
him cry. murder"
The witness was then turned over to Mr..
Worthington for cross-examination
Rye was standing, tn. witness said. in re-
| Spouse to questions. with his lef. side to-
| ward CAVITY, but did not have his back
| turned toward the prisoner until after all
the shots had been fired. After Rye fell
| Face. He stopped, however, and stepped
| into the street, and then the witness took
| hold of him. having ridden after him on his
| wheel. He was standing still, however
when the witness reached him.
| Mr.. Warrington then asked the witness
what was said between him and Mr.. CAVITY
| District Attorney Davis objected to the
| question and asked thu witness what Canty
bad done with his revolver. Witness re-
| Piled that Canty had returned it to his
pocket. Mr.. Davis theredpon objected again
to Mr.. WorthingtonS1 question on the
| ground that the reply would relate to q
| past transaction. Mr.. Bavis held that any
| declaration which Mr.. Canty might have
made after he had walked away should
not be admitted as testimony. Had the
| statement made been part. of the act be-
| fore Mr.. CAVITY had time toDexercise his in
| tellectual faculties, he said, the matter
might be admitted. MT Worthington pro-
| posed that the authorities be brought into
| play to decide the pointi
| In the meantime DR.. Glazebrook was re-
| called, and, in response -interrogatories
| propounded by Mr.. Worthington. stated
| perficial or glance round. however, on the
| third finger Of Rye's left hand.
Citing the Authorities.
The citation of authorities was then be-
gun. Mr.. Davis having the opening and Mr.,
Worthington the closing, and consumed all
| the time up to the noon recess.
AT the conclusion of the reading, Judge
Cole said he would prefer not to deliver an
opinion on this point until after he had
seen the governments case. He said the
defense could recall the witness for cross
examination later and at that time he would
deliver an opinion, which would cover this
point.
Mr.. Wilson then made some suggestions
| on the question, after which court was adj
journed until l O'Clock.
Just before adjournment Mr.. Worthing-
ton suggested that as the witness might be-
come sick or die, and SO be unable to be re-
called for such cross-examlnation, the court
should hear the testimony at this time, in
| view of the absence Of the jury, which has
been excused for recess during the citation
of the authorities. Judge Cole agreed to
this. and heard what Mr.. Worthington had
to say with regard to the answer the wit
| ness WOulu Ildhe. lie COuTI tiltH
| tanned Mr.. Davis objection. for the time
| being, the matter being allowed to go over
until the governments case had been pre-
sented more fully.
Proceedings Yesterday.
When The Stars report of yesterday clos
| ed Mr.. Worthington, of counsel for the de-
| tense, was making a statement to court
and jury He had referred to the open
| knife found by witnesses, and said it was
IL,
place.
The jury would be struck, he thought, by
| the remarkable discrepancy in the state
ments of the witnesses, in regard to the
shooting. There might be witnesses, he
| said, who would testify that the dead man
was shot in the back, but 1t would be
shown that the shooting was while Canty
| faced Rye.
The First Witness.
Henry w. Brewer, a civil engineer and
surveyor. was the first witness called for
the prosecution. He explained map which
| he had made Of the scene of the shooting.
| in the vicinity of 14th and F streets.
Harry A. Wise, a photographer. was next
called, and exhibited photographs of the
locality. They were marked and placed for
evidence.
William Schonneberger, janitor at the
first precinct station ard superintendent
of the morgue was next examined He
was asked to identify the clothes worn by
Rye when the body was taken to the
| morgue, and did So. He said that some
money, a watch and chain, diamond stud,
pocket knife and other small articles came
from the clothing. There were also papers,
he said. In taking Off the trousers. he
said, bullet dropped from them, which
was turned over to DIR. Glazebrook.
Deputy Coroner's Testimony.
DR.. L. M. Glazebrook, deputy coroner of
the District. was next examined. He told
of the examination heShaAh made of the
the body as he found itfflressed. He stated
that he found q hole in sa,e lapel of the coat
and one directly under vt; also one in the
skirt He told of the appearance of the
prisoners body at the autopsy he per-
Ao- -t-@w-r n .t>-If- ~ 8
Microscopes Called.
DR.: VIM. NJ Gray, a hhicfoscopist at the
Medical Museum, was. ns4t called The