Evening star., 1898-06-06
Probable Duration Of the Trial of
Dennis Canty.
EVIDENCE FOR PROSECUTION ALL IN
Counsel for Defense Introduces
Testimony in Sur-Rebuttal.
THE PROG RESS TO-DAY

the remaining three days very probably
will be used in the arguments.
Fortunately for everybody concerned the
weather has remained cool, SO that Judge,
jury, counsel and defendant have escaped
some Of the ills usually attending trials at
this period Of the year. Nevertheless every
body seems to be pretty well tagged out,
and the members Of the jury LOOK longingly
from time to time upon the busy strset be-
yond the court room windows.
Canty bears the ordeal remarkably we'll,
ard although somewhat "bleached OUT by
confinement, does not give evidence Of any
extraordinary nervousness. His wife Is at
his side every Day, and with one hand she
constantly fans her husband, while tho
other occa asionally strays over on the arm
OF his chair, there to be lightly met by
touch from his left hand. She Is quies
woman, eviGently, but her belief in her
husbands innocence appears very strong.
for her contempt for witnesses who testify
against him often cannot be concealed from
visible expression in her face. His former
partner, Van Senden. and his other rela-
tives as well, keep their vigil INCREASINGLY,
and about them all there is air of con-
hdence that Canty will not suffer the laws
penalty for the killing of Rye
The government closed its evidence today
within an hour after the opening of court,
and the defense at once began the Offering
or testimony in sur-rebuttal.
An Absent Witness.
In opening this morning, Mr.. Davis stated
that witness, Charles Boettzer, who had
testified in chief, but who is wanted by him
in rebuttal cannot be found. Officers had
been searching for several days and final
ly located him in Virginia. too late to have
him here today.
George H. Chamberlin, the first witness,
testified that in 1890, and also In 1893, he
was shipping clerk for Smith & Wesson,
the weapon makers
DO you recognize the revolver before
you?" asked Mr.. Davis.
Clerk Galley handed the witness the blu
lsh, ugly-looking weapon with which Canty
killed Rye. Chamberin took it, turned it
upside down, pried back the trigger, peered
into the chambers, carefully and silently
scanned every point about it.
1T is a Smith & Wesson,'' said he.
What is the number" asked Mr.. Davis
No. 25s56s,' replied the witness.
Chamberlin then testified, after examin-
ing the firms records of 1890, which he
brought with him, that revolver No 25S56S
had been sold and shipped to the firm of E.
X. Tryen & Co. of Philadelphia He has no
trace of it beyond.
Cross-examined by Mr. Worthington, the
witness said all Of his firms revolvers are
numbered.
Mr.. Davis stated that he had expected a
representative from E. K. Tryon & Co. to
be present today, but that through a mis-
apprehension he had not appeared. 1t was
lmmaterial, however, as he has learned
that the firm has no record of the disposal
of the revolver.
That is ALL said Mr.. Davis, seating
himself. and so closing evidence for the
government.
Moves to Strike Out Testimony.
Before proceeding further, your honor"
said Mr.. Worthington, Il shall move to
strike out of the record all the evidence Of
Pistol and Dobbins and of Moylan, SO far as
Il relates to the alleged borrowing of pis-
tol for Canty."
Mr.. Davis resisted, his argument being
that 1t Is a fair presumption from the testi-
mony of these three men that Canty pro-
cured his weapon with the aid of MoyIan,
ana that being so. it should be allowed to
be given such weight as the jury deems
proper. He regards it also as entirely in
the nature of rebuttal evidence.
Your contention is that all of Moyan's
evidence, far as it relates to the attemp.
to borrow pistol, should not be stricken
out?" inquired Justice Cole
1T is, replied the prosecutor.
1T is idle rubbish of gossip with which
the district attorney is seeking to convict
this defendant" intarjected Mr. Worthing-
ton.
My brother said Mr. Davis in any,
thing but an affectionate way, glancing to-
ward Mr.. Worthihgton, lis seeking to
strike out very significant incident as to
which an unwilling witness shielded him
member"
Mr. Davis, do you mean to say that you
offered to prove that Canty there
with Dobbins ?' asked Mr.. Worthington.
Not in the yard, nor in the store but"
and here the district attorney slowed UP
and continued in a semi-solemn way II
offered to prove that at the time Dobbins
and Moylan were in the yard Canty was
standing in front of the building"
Canty who had been intsntly watching
Mr.. Davis, smiled very broadly as the
ArI=
his mustache in the unconcerned manner
usual TO him during the arguments of
counsel.
Justice Cole ruled against the district at
torney and the evidence will not be permit
ted to remain in the record.
Mr Worthington then sought to have the
Dootblack Frye, an eye witness of the
shooting, put on the stand, but he could not
be found about the court. Counsel stated
that Frye had been around Friday and
Saturday, and he could not understand why
he was absent
Called i'm Sur-RebuttaI.
Henry D. Cation, an employe of the post
oifics, was called in sur-rebuttaI by Mr.
Worthington and asked If he had seen
Keating, the deaf witness, the day of the
shooting. The prosecutor objected.
1T Will be argued, perhaps" said Mr..
Worthington, that Keating was bribed or
in some way induced to manufacture his
story. And L claim the right, therefore, to
show by this witness that Keating on two
separate occasions that day told Mr.. and
Mrs. Cation of the evidence he would give
on the stand"
A lull in the proceedings followed, during
which court attaches brought in stacks of
law books, authorities on the subject, and
counsel fer both sides, behind these ponder
Gus tones, quickly put themselves in de-
fensive attitude. long argument follow
ed. as the point considered vital by
the defense. Mr.. Worthington led off by
citing numerous cases from Maryland and
other states.
Pierre Waggaman, In bicycle costume
whispered into Mr.. Wcrthingtons ear at
this point.
This witness. your honor" said the lat
ter in explanation, wishes to speak with
one of the jurors upon business matter.
have no objection if Mr.. Davis has none"
There being protest, Mr.. Waggaman
went over to the juror and held a whis-
pered conversation with him lasting q min
ute. 1t was probably the first word spoken
TO any of the jury by an outsider since the
trial began, over three weeks ago, but 1t
was not an extraordinary circumstance al
though it excited great curiosity in the
court room.
An Incident of Saturday.
An incident occurred after The Stars
report closed Saturday last which Illus
trates the hitter feeling between counsel