Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-03
Counsel in the CAVITY Case Engage
in Debate.
ADMISSION OF EVIDENCE THE issue
Representative Berry Called as
Witness by the Prosecution.
INCIDENTS OF THE TRIAL

offered by the district attorney to testify
concerning the deaf witness Heating who
| swore he knife in Rye's hand but
the congressmans evidence was minimized
by the defendants counsel. who elected
from him the admission that he knows
nothing against Heating.
The other important feature of the pro-
ceeaings was the argument upon the adj
instability at this stage of the case of GER
tain evidence, offered by the prosecution.
for the purpose of showing Rye's state of
| mind prior to the homicide. MIR. Davis did
not hesitate to say that he sought to rebut
the defense's evidence of threats which he
plainly denominated as appearing to have
been manufactured to fit the prisoners des-
perate need.
Judge Cole Arrives Early.
Justice Cole was somewhat surprised
when he entered the court room ana,
glancing at the clock, saw that it was just
10 o'clock. He has not been so early on
any other day during the uial. Cr.er
Joyoe's "oyez" echoed and re-echoed
| through the almost vacant ROOM Few
people were present, but Can;y'S relatives
Were among the few, and not even counsel
or j.Ty or defendant had entered upon the
dreary round of duty or necessity. small
bouquet of roses and honeysuckle blooms
was on the judges desk ard most
pleasing to the senses of all in its vicinity.
The jury, too. when they came in. were
wearing boutonnieres of pinks and honey
SuCkle. Several Were armed with palm
| leaf fans, in readiness for the heat which
Old Sois early rays gave promise Of Gre
atirg later in the day.
Before the proceedings began Canty
drew his chair up TO those of his counsel
and putting his head over he shoulders Of
Messrs. Wilson and Worthngton held an
earnest consultation, puuctuated by en-
phatlc shakes of the defendants head.
Representative Berry a Witness.
Representative Berry of Kentucky was
the first witness called by Mr.. Davis He
IS a fine-looking, typical southerner. with
white moustache and chin whlsker, bronx
ed complexion and regular features The
jury heard him most attentively as he re-
| lated his knowledge of Charles Heating.
who had been one of Canty's most import
ant witnesses. -
The object, it is understood was to de-
stroy the Credibility Of tile deaf witness
but in this counsel tor@the prosecution fail
ed, as Mir. Berry averred that he knows
nothing against keating.7 He testified in
detail that he knows Charles; Heating al
though he is better acquainted with the
witness father. Both have been pilots on
the mississippi river ,sIIe Iwas acquainted
with them in Newport, Ky and had met
Cnaries keatinS many-tinfes on the streets
years. ~
keating has called ,seyer,al times at the
representatives hotel, i'm this city about
a pension. Mr.. Van Sender went to see
me IN witness at the Capitol with regard to
htdtlnS- The representative did not tell
him that Heating was not. a credible viii
less ~
Then you do not krbw anything against
NM! said MI. Wort hfneten rr >
Il do not know anything against him
positively affirmed the witness
Detective Proctor RecnIIed
Detective Proctc- WAS again recalled to
TESTIFY with regard to fawnbroker Crosses
record OF the pawiing. or sale of deadly
weapons He explained that he is the GUS
tcdian Tor the police of all the daily and
weekly reports from pawnbrGkers. He tes-
.iieu mat The reports are mixed together
ana that some are missing
your homer. | ask for a subpoena duces
tecum upon Mr. Proctor to require hin, to
pflnS into court all Of Mr. Crosses daily re-
ports prior to January l. 1885" said com
sci for the defendant
Mr.. Davis objected stating that IL MOS
100 great task to bring all those reports
amounting to more than an express wagon
icad' INTO court. The need for them is not
so urgent. "
Well said Mr. Worthington with
strong emphasis or the significant words
so lar as this defendant is concerned
" wh -, me me government seeks to take,
1t Is most vital that we be permitted TO
show what became eff the revolver Ieft
with Mr.. Crosse
The witness said there are thousands of
these reports. and that it would take many
hours to examine them
justice Cole DECIDED that it must be done
no matter how long it takes and asked
me defense to name a person to assist in
the examination. Report is to he ,nade
tomorrow morning
Arguments Were then begun by counsel
as to the adrissibiity of W. c. McIintire's
evidence concerning the apparent state of
rye ) NINA AFTER the dltercaI;Dp wit n
" the day preceding the shooting The
question had arisen during the eyanina-
tlon or the witness yesterday and arcu-
Weht hau been postponed till this morning
Juror BECOMES Sleepy.
During the reading from authorities bv
&C Unsel, one of the jurors despite mis- very
evident efforts to keep awake. dropped off
into series of cat-naps, from which he
would emerge occasionally with a start
and then vigorously fan himself. Directly
opposite him in the audience sat the elder
~ man VINO has been constant daily at
tepdant, and he, too as usual, was peace
fully slumbering with head resting on his
hahd IN an attitude designed to make it
appear he was intently listening, but with
eyes shut. Indifference and inattention was
manifest all over the room. Even the
Prisoner and Mr.. Wort1ington INDUCED in
a soto voce conversation. which was far
away from the topic Mr.. Davis then
discussing alternately reading from large
book or addressing the judge.
Mr.. Davis contended that it was a mat
ter Of right that the jury should be per-
mitted to hear evidence showing the Re
of mind previous to enc homicide of the
man now dead. Because, this question has
never been decided. so; far as he knows, in
any similar case, is no reason why such
evidence is inadmissable. Testimony of
this class going to sh6w the mental state
OF man toward another prior, to homi-
eide in which the first is killed, is certainly
proper. 1t is for the purpose of meeting
and rebutting evidence of threats that this
evidence is offered. Mr.hDayfs offered many
illustrations frcm lifenin order to fortify
his argument and warn,ingspp to his theme
made powerful plea 10 ,du5tice Cole to
sustain his contensiona. 2
As the noon hour approached there were
many additions to the cadence, which then
reached its usual large proportions Many
well-krown members Of the bar and bust