The times., 1898-06-04

the state of mind OF the deceased before
the shooting should be argued
The argument was then gone into with
the result already told.
AS soon as Judge Cole handed down his
opinion, Mr.. Davis called the defendant,
Canty, to testify as to the accuracy of
the interview attributed to him in the
Evening Star on the afternoon OF the
shooting.
When Canty took the stand he said:
"Recollect Mr.. Cromwell, OF the Star,
coming to see me at the First Police Pre-
cinct on Twelfth Street" Mr.. Davis then
handed the witness copy of the Star of
March 18th and asked him to read what
IL represented him as saying just after
his arrest.
After reading II carefully Canty said:
''Am not reported correctly there: did
not make a statement anything like what
is in the Star relative to the situation be-
tween the firm and Rye; did not make
the statement published as to the actual
shooting; did not say that Rye's manner
just before the encounter was as threat
ening as on the day before"
Mr.. Worthington then asked Canty IL
he had told some persons just after the
shooting that Rye had drawn knife on
him. Mr.. DAVIS objected to the question
and was sustained by the court.
Guy Rye was recalled and aske what
had become of his fathers revolver. He
said II was at home in his trunk and ne
was ordered to bring it into court.
Officer Riley was recalled TO state what
he did with the names of the witnesses to
the shooting which were furnished. He
stated that he turned them over to Pre-
cinct Detective Kilmartin.
]. l.. Kilmartin was next sworn and
said: 81 was put to work on the case and
furnished the names OF all the witnesses
l knew of to District Attorney Davis
Harvey Given, chief clerk in the Dis
trict attorneys office, was called and said
that with the exception of one person.
every witness whose name was furnished
was summoned. He also stated there was
number of persons summoned who when
| examined did not have any knowledge Of
the affair
Guy Rye returned TO the court with the
| revolver owned by his father and a long.
sharp argument ensued between counsel
as 10 whether or not the pistol should be
introduced in evidence. The court ruled
that it wassproper that il be left as part
of the evidence.
James Doyle was called and testified
that when he saw Rye before the shooting
and that his coat was buttoned. He said
he saw both his hands and that they were
hanging by his sides.
John N Pistol testified: "Am in the
Avenue; l know John MoyIan, the pro-
prietor OF the Owen House; knew Rye
by sight"
Mr.. Davis then asked the witness If he
remembered the shooting of Rye, and If
anything occurred TO him in connection
with IT. Mr.. Worthington objected. and
Mr.. Davis asked the jury and the witness
to leave the room while he stated what
he proposed to prove.
stated that he intended TO prove that
Canty and John Moylan went to the
witness. Pistol on the morning Of the
shooting for the purpose of borrowing a
pistol He also stated that the witness
WAS hostile. and requested that he be
allowed to ask leading question. It was
then suggested that the witnesses TO Pis-
tePs statement on the point In question
be examined first This was agreed to
by Mr. Davis. but as the witnesses re-
ferred 10 were absent, the further ex-
animation of witnesses on the subject
was postponed until this morning.
Mr.. Worthington argued strongly
against the admissibility OF such evil
dence. but Judge Cole ruled that II was
| clearly admissible.
Henry Matthews was recalled and said:
/ ''Was standing IN Fourteenth Street, near
the car track, when ! first saw Rye: his
| left hand was slightly raised; when he
fell went 10 him and stood over him;
did not see or hear anything about a
knife; did not see or hear anything drop
from him; was on his left side"
Frank H. Thomas. an insurance agent
whose Office is IN the Wyatt building
/ testified: did not see the man who was
| shooting; saw man, black coat, silk hat
/ going toward the Ebbitt House. stagger-
/ ing; thought he was intoxicated; saw the
mans hands; they were clinched at his
side: they were quivering and as he fell
he opened them, threw his left hand up
| 10 his face and cried murder his right
arm was at this time extended and his
hand open"
| The hearing VIII be continued this
morning at 10 o'clock.