The times., 1898-05-24
Canty's Lawyers Will Attempt
TO Prove Self-Defense.
TROUBLE OVER WITNs, SES
Several Fail to Answer to Their
Names, and One Has Fled From
Hearsay Testimony OverruIed-
Witnesses Tell of the Quarrel.

the hearing. II was generally known that
the testimony in behalf of the defendant,
canty, would be offered to the jury yes
terday, and this had the effect of crowd
ing the court room in few minutes after
the doors were opened. Among the spec
tators were noticed many new faces
which were not seen during the days the
evidence of the Government was offered.
Among those TO arrive early were the
relatives of the defendant, who have been
constant attendants since the trial begun.
The absence of some of the attorneys
and the judge delayed the opening of the
court till 1920 o'clock.
The proceedings during the day were
enlivened by several tits between Dis
trict Attorney Davis and Mr. Worthng-
ton, counsel in chief for the defense. The
first OF these followed a delicate intima-
tion made by Mr. WOrthington that Mr.
Davis was putting words into a witness
mouth. In an excited manner Mr.. Davis
rose 10 his feet and said the accusation
was false and said he would not be ac-
cused of putting words in the mouth of a
witness without a most emphatic denial.
The next occasion of a wordy alteration
between counsel was caused by the desire
of the defense to introduce testimony to
show that the deceased, Rye, had threat
ened the life of the defendant Mr. Davis
objected, and Messrs. Worthington and
Wilson spoke at length in favor of the ad.
missibility of such evidence.
Judge Cole sustained the objection made
hay ha a. ba md
ruled that at the time and under the cir
cumstances Il was offered il could not be
admitted. The defense noted an exception
to the ruling.
The Last Government Witness.
As soon as the court was convened and
the jurors called the witnesses for the de-
fense were called. OF these twenty-five
answered to their names and were ac-
counted for while six failed to respond,
either in person or by proxy.
Immediately on the jury being called
Mr.. WorthingtOn for the defense, asked
if any return had been received from the
effort 10 intercept Leslie Russell, the wit
ness who left the Jurisdiction of the court
last week without leave
Mr.. Davis replied that the police au-
thorities stated that all efforts to stop the
fleeing witness at Chicago had failed,
and at the suggestion of the court steps
were taken to have him apprehended at
Portland, Ore.
Mr.. David NJ. Ross IS also absent from
the city and the testimony ne gave at the
corOner's inquest was read TO the jury.
II developed nothing new.
Mr.. Davis then stated that the Govern
ment had practically closed its side of
the case, and had but one more witness
Albert Akers, who testified as follows:
II do business at 1888 F Street, and
on the day OF the shooting I was stand
ing on my office steps; my attention was
attracted by a pistol shot; 1 looked and
] saw q man staggering in the street.
I did not go there because of the crowd
I know Canty and knew Rye slightly
The man who was shooting was standing
on the Wyatt corner, and the man shot
was about one-third of the way out in
the street. When / first saw Rye he was
turning toward his antagonist. l then
saw Rye sink slowly TO the ground. l
think / heard only three shots. I heard
Of the alteration on the day before
The Defense Begins.
The first witness for the defense was
then called, but had not proceeded far
with his testimony when his evidence
was objected TO by Mr.. Davis. The wit
ness was testifying as TO what he knew
of the defendant and deceased, and was
about TO say what he had heard said by
the latter
The witness was Mr.. William D. Claus
man. a stock broker, doing business in
the Corcoran building.
Preferring not to argue the question
at the time Mr.. Worthington withdrew
the witness and called DR.. L. w. Richie,
who testified as follows:
''I do not know either of the actors in
the shooting. On the day before the
shooting / was in front of the Adams
building; my attention was attracted by
the angry words of Rye; he was standing
near TO Canty and characterized Canty
as a - thief and -- liar Canty
was standing there perfectly calm and
quiet. Rye was very violent. He was
standing not six inches from Canty. !
saw them separate; the smaller man,
Rye, went down + Street. I did not see
where Canty went. did not see anything
in Rye's hand. " The witness named sew
eral persons who were present. He was
not cross-eXamined.
Daniel w. Cronin testified: 'I know
Canty by sight l did not know Rye 1
am employed at the Geological Survey
I was al my window the day before the
shooting and saw the difficulty which
occurred the day before Canty and Rye
were standing on the street in front of
1881 F Street. Rye appeared greatly ex-
cited and was gesticulating with his left
hand"
The witness indicated that Rye's right
hand was against his side.
Heard War Talk.
H. B. Polkinhorn testified: 81 witnessed
the difficulty between Canty and Rye on
the day before the shooting. I was on
the pavement near the two men. Canty
was looking west and Rye east Rye was
shaking his fist under Canty's nose. 1
heard Rye abusing Canty. 1 don't re-
member the words; Rye was excited and
I thought it was war talk. Canty was
cool and quiet. Some one told me some
thing which made me watch Rye. and l
saw something white in his hand 1t may
have been a small white-handled knife or
something else. Mr.. Canty left first and
went inside the Riggs Building. l thought
Canty was quiet; he did not make any
motions. did not hear him say any
thing. saw Rye in front of Parris's Of
fee with Colonel Ayres on the day of the
shooting, a few minutes before 1 did
not see the shooting
On cross-eXanination Mr. Polkfnhorn
said that he did not know what RIVE had