The times., 1898-06-08
CAVITY TEsT|FIEs AGAIN
The Defendant Takes The Stand
at His Own Request.
He DESIRES TO EXPLAIN
What He Meant by His Statement
About Making Preparations for
Rye-The Defense Rests Its Case
and the Prosecution Has But One
More Witness.

More Witness.
The counsel for the defense in the Can
ty trial sprung another surprise yester-
day, when only a few minutes before
the hour of adjournment Mr.. Worthing-
ton arose and said that at his own re-
quest the defendant. Canty, wished to
take the witness stand again to explain
what he meant when he testified that he
made preparations the night before the
shooting Of George NJ. Rye. The occasion
for this, Mr.. Worthington explained, was
that Canty. from what he heard during
the last week, was under the impression
that his evidence in reference to the
preparations he made was misunder-
stood.
Mr.. Davis said that he would interpose
no objection but called attention 10 the
fact that when reference to the ''prepara-
tions'' made by Canty was first alluded
TO it was in relation 10 his arming him
self on the day before the shooting and
added that 1t was contended by the de-
fense that the arming was done in the
evening and not at night. However.
it was finally agreed that the expression
was used in connection with and relation
TO Canty's arming himself against Rye.
When the defendant took the stand
however, he stated that when he said he
made preparations the night before. he
referred TO the arranging OF some busi-
ness matters, such as signing papers, etc.
side from a .
S fendant, Canty, on the stand the proceed
ings during the day were entirely devoid
Of anything sensational Several wit
nesses were called in smrebuttal, but
nothing new was developed, which tended
10 throw any light on the subject under
investigation. In fact, all the testimony
adduced. having any direct bearing on the
killing Of Rye, only seems to have shroud-
ed the matter in still deeper mystery.
There was a good deal said about the
position OF Pierre Waggaman's horse and
buggy, which has played prominent part
in the testimony UP TO this time, but no
one has ever explained how or when they
got from the northeast TO the southwest
corner of Fourteenth and F Streets.
When Canty turned and saw Rye stand
ing behind him on the Wyatt Building
corner Waggaman got into his buggy,
which was near the T Street curb and
drove over 10 the northeast corner of f
and Fourteenth Streets, and was there
when he hard the first shot. The next
time the buggy comes into notice is some
time after the shooting when Waggaman
and Bryan enter IL on F Street, west of
Fourteenth Street. and drive away How
the buggy from Vybara n b.,
Naggaman was sitting in It and heard
the first shot, 10 the Willard corner, has,
so far, never been explained.
The greater part of the day was used
in argument by the opposing counsel
The only important point discussed, how
ever, was the admissibility Of evidence
OF the declarations Of Canty Immediately
after the shooting. The defense contend
ed that such testimony was admissible,
In surrebuttal 10 counteract the force of
the testimony of Mr.. Cromwell as to the
accuracy Of the statements made by
CantT in an interview very shortly after
the shooting. Mr.. Davis contended that
any expressions made by the defendant
at that time We're purpose serving and
should not be admitted, especially as the
witness Cromwell was not called to dis
credit the defendant but TO prove q state
ment of fact. Mr.. Davis argued that
Canty told the story of fearing Rye was
going to draw a pistol on him, because
he knew that the distance they were
apart would not give him plausible ground
for saying that he feared being assaulted
with a knife and only changed TO the
latter theory after the knife had been
brought into play.
The defense claimed that the story of
the knife, which was borne out by numer-
Gus witnesses, was true and not purpose
serving, but made no effort to explain
why, after telling several persons after
the shooting, as ii is claimed, the de-
fendant told Mr. Cromwell an hour later
that he feared being shot with a pistol
II was decidedly the most important
point which has been raised since the
trial began and was argued with great
ability by counsel on both sides.
After listening 10 the argument and ci-
tations for more than an hour Judge
Cole decided that testimony TO prove the
utterances Of the defendent after the
shooting was inadmissible.
The testimony offered by the defense
was 10 show that soon after the shooting
Canty had used such expressions TO by
ISLANDERS as Did you see that man draw
q knife on me-" and RYE attacked me
with knife and / shot him" and also
that persons had said to him that they
had seen Rye assault him with knife.
When the court convened, Judge Cole
A+AAlgls e--e NDAA4Al4ElAAs ItilucFEQ MS OUlu-
ion in the question argued Monday as TO
the admissibility Of evidence in support Of
the testimony of witnesses whose state
ments were for any cause shaken in favor
Of the defense.
Without any preliminarles the defense
went into its evidence in surrebuttal and
called Henry ,. Cation, who said:
''The first time / ever saw the witness
Heating was on the afternoon Of the day
of the shooting Of Rye: he then told me
with others, Of the shooting, and having
seen man pass him with a knife ana
afterward seeing him dead"
On cross-eXs minaJion the witness said
that on the DAY OF the shooting he re-
turned home from the postofiee. where
Toasa@-