The times., 1898-05-19
SCORED A STRONG POINT
The Defense in the Canty Case
Secures an Advantage.
THE STORY OF THE SHOOTING
Knife Which Belonged to Rye In
Witnesses Give Sensational Testi-
mony-The Usual Dispute Between
the Lawyers.

The defense scored what is considered
an important point yesterday In the trial
Of Dennis j. Canty, who is charged in
Criminal Court No. ! with the murder of
George NJ. Rye. when it succeeded in hav-
ing introduced in evidence knife alleged
to have been found in the street where
the deceased fell
1t was during the afternoon session of
the court while Mr.. Charles NJ. Shields,
real estate broker whose office is at No.
l407 Street, was on the stand. The sub
ject of a knife or something having been
found when Mr.. Rye was removed from
the street 10 the Ebbitt House was re-,
ferred TO by a previous witness, but as all
he. knew OF il was hearsay it was not
entertained.
The next witness, however, testified that
in a short time after the shooting and
just policeman appeared on The scene
and took the defendant into custody two
men appeared and one of them handing a
knife TO the officer said: Here is a knife
dropped by The man who was shot" The
witness described the knife pretty accu-
rately and when il was called for by the
defense the district attorney interposed no
objection.
The first material witness examined
during the morning was William III.
Diggs, who witnessed the whole affair
after the firing of the first shot. He also
claimed that he was the first person TO
detain Canty when he walked west on +
toward Fifteenth Street. Ii was to this
witness, il is stated. that the defendant
made the first explanation of the couse of
the shooting, and it was when he was
asked TO repeat what Canty said that the
proceeding were brought to an abrupt
halt by a strong protest from the Gov
eTnments $ counsel. who claimed that what
4 the accused may have said at that time
could not be considered as part of the res
I gestae.
An Important Point.
There seemed to be a willingness on the
part of counsel on either side that the
question should be settled then and there.
+ In consequence the jury was excused and
given a breathing spell. District Attor-
ney Davis and Mr.. Worthington, counsel
+ in chief for the defense, argued the ques-
tion. The arguments We're continued into
the afternoon session and tome upon
tome of legal authority was brought into
court and quoted at length.
I The court did not render decision on
the point, and stated that before doing
so he would like 10 hear more Of the
testimony for the Government.
When the court was convened at 10
o'clock, as on the previous days. every
seat in the room was occupied and there
were many more persons waiting outside
for an opportunity TO gain admission.
Expert Testimony.
DR.. William NJ. Grey. the microscopic,
who was on the witness stand Tuesday at
the hour of adjournment. was recalled to
testify as 10 the effect of powder explo-
sions on cotton and wooden cloths at va
rious distances.
While on the stand Tuesday he stated
that on close examination no signs of
powder were found on the clothes of the
deceased. This morning the Government
attempted 10 strengthen this statement
by the introduction of evidence 10 show
at what distance gunpowder grains from
an exploded cartridge could be detected
on a foreign object.
The defense objected. on the ground
/ that there Were a number of eyeWitnesses
TO the shooting. who would testify as TO
the distance of the principals. The OBJ
lection was sustained by the court, with
the understanding that If desired and nee
essary later. expert testimony could be
introduced on this point.
story of an Eye-Witness-
William H. Diggs was next called and
testified substantially as follows:
Il saw Mr.. Canty standing near Four
teenth and F streets. mounted wheel
at the curb near him and started toward
the Ebbitt House The first shot passed
about eight inches in front of my wheel.
Mr.. Rye was in the roadway. Canty was
on the sidewalk. They were about twelve
feet apart. When the second shot was
fired Rye threw up his hands in front OF
his head and cried murder. and contin-
ued 10 do so as long as he could.
On cross-examination the witness stat
ed that he was working on the second
floor of the Western Union building and
came down and mounted his wheel to
ride away when he heard the first shot
81 dismounted and turned and saw the
three last shots Gred. When / saw Rye
he was turned sideways to Canty. There
We're several around, but no one seemed
TO take any care of Rye. After the
shooting Canty started west on street
and went but a short distance when he
came down TO the roadway and stopped
and turned east. As soon as Rye fell
rode over to Canty as fast as l could
and placed my hand on Canty. He haC
placed the pistol back in his pocket"
1t was at this stage of the proceeding
that the first tilt took place betweei
counsel.
Another Diagram
When the court convened after the re
cess hour Mr.. Brewer. the civil engineer
who made the diagram of the intersection
of Fourteenth and Streets and the nea
vicinity was recalled to produce a new
drawing on a larger scale, which was or
dered by District Attorney Davis. A.
4 soou a c he had eXnlained this new Dlan n