The times., 1898-05-20
A BAD DAY FOR CAVITY
Nearly ALI the Witnesses Testify
Against Him.
COURT ROOM WAS CROWDED
The Law yers fnduISed in Another
Lively Tilt and Judge Cole Rules
Stories Agree Remarkably Well
The Testimony in DeaiI.

The proceedings in the Canty trial were
again enlivened yesterday by a spirited
argument between District Attorney Da-
Wis and Mr worthington, counseI-in-chief
for the defense. The discussion arose
over the desire of the defendants attor-
ney to have one of the witnesses-James
E. Frye-repeat what he had said in his
statement to the district attorney a few
days after the shooting.
The Government interposed an objec-
tion. whereupon Mr.. Worthington de-
manded that the sworn statement of the
witness be submitted to the counsel for
the defense. Mr. Davis refused positively
TO give up the statement. MIR. Worthing-
ton said he would ask for writ compell-
ing the district attorney TO produce the
paper. To this Mr. Davis replied with
much emphasis:
4 will rot in Jail before single memo
randum shall be dragged from me-.
After this there was a sharp cross-fire
between the attorneys as to the conduct
Of the district attorneys office. with the
result that both agreed as to how ii should
be carried on with a view to securing JUS
tice to all, especially defendant. AS
soon as the argument and side-talk was
finished Mr.. Davis handed Mr.. Worthing
ton the paper in question, stating that it
must not be taken as a precedent, but
! ne did so simply because its contents
were immaterial TO the conduct of the
/ case.
/ The cause of the argument was that the
witness, Frye, stated to the District attor-
ney that Rye, the man who was killed,
at the time of the shooting had his hand
l. IL I
stand he said he did not know whether II
was in his coat pocket or trousers pocket.
Just before the hour Of adjourning the
question as to what the defendant said
I when he was apprehended came up again.
The Objection Sustained.
Mr.. Rhodes now of Baltimore. testified
that he was present at the shooting and
was standing near Canty when some one
/ cried, Don't let that man get away" :"
and was about 10 repeat what the defend
ent said. when the Government interposed
an objection. II will be remembered that
/ the admissibility as evidence of what
Z Canty said at that time was argued at
length on Wednesday by the opposing
counsel and that Judge Cole reserved his
I decision. The Government cOntended that
/ anything that the defendant may have
! said at that time was purpose serving
and not part of the res gestae.
With something of timidity the counsel
on both sides insisted that the court de-
eide the matter. For a moment or two
there was a painful silence during which
the defendant watched the court intently.
Without giving any reasons Judge Cole
. said he would sustain the objection Of the
. Government. as in his opinion such testi-
money was not part of the res gestae.
With the exception of the testimony of
Mr.. Edward Anderson. of Austin. Texas.
! Fred. B. Rhodes, of Baltimore, and the
boy Frye. the evidence was very damag-
ing 10 the defendant. All the other wit
nesses placed the two men any way from
Z eight TO twenty feet apart when the first
shot was fired. Anderson. however. said
they were about three feet apart. Rhodes
agreed with the others that they We're
eight or ten feet apart when the firing
+ began. but that they had been standing
+. close together talking about money. Frye
not only said that they were about four
feet apart when the first shot was fired
but that when Rye was lifted from the
street TO be taken to the Ebbitt House
drug store he saw something bright about
an inch long and three-fourths OF an inch
wide under him.
AS usual the court room was crowded to
its seating capacity all day. As on the
previous days, Mr.. Canty was attended by
father-in-law, Mr.. Hussey, and his former
business partner. Mr.. Van Senden. All
during the day he seemed in much better
spirits than at any time since the trial
began and when not paying the strictest
attention to the testimony was conversine
with his relatives or attorneys.
The Testimony.
The first witness called by the Govern
ment was Mr.. W. G. Walker, a clerk in
the Treasury Department, who was on the
scene at the time of the shooting. When
about twenty yards from the corner OF
i and Fourteenth streets, he saw a man
near a lamppost firing at a man in the
roadway, between him and the Ebbitt
House. The man who was being fired al
after the first shot threw up his hands
The attention of the witness was attract
ed by the first shot.
Harry d. Williams, colored, a mes
senger in the court of appeals, was the
/ next witness. On the occasion of the
shooting he was in front of the Hooe
Building on F Street and heard a shot
/ and saw a man standing on the corner
+ of and Fourteenth Street He was
| shooting at a man in the street. The
| witness said that he was looking directly
/ at the man who was shooting when he
I fired the second shot. 1t was in the di-
I - g..Rrs