Evening star., 1898-06-07
THE JUDGE RULES
Court Admits the Testimony in Sup
port Of Witness Keating.
TIE EVIDENCE IN CAVITY Case TODAY
Stress Laid by CounseI for Defense
Upon Corroboration.
PROGRESS OF THE TRIAL

| Dennis Canty took stronger hold on life
No. 1, where he is being tried for the mur-
der of George Rye, permitted his counsel
| to offer evidence corroborating the testi-
mony of Charles Keating, the deaf witness
! for the defense, who declared he had seen
a knife in Ryes hand just prior to the
| shooting. The district attorney had appar-
| emily greatly weakened the credibility OF
| the witness by the line Of cross-examina-
| ton pursued and other contradictory testi-
| mony submitted. The defense therefore felt
| called upon and did offer witnesses to sup
| port Keatings statement, showing that he
| had told them the day of the shooting the
| same story of the affair which later he
| related on the witness stand. Objection
was made by the district attorney counsel
| argued all yesterday, and today the de-
cision from the judge was in Canty's favor,
and evidently gave his case great en-
couragement.
COrrObOrating Witness Heating.
AS announced at the conclusion Of the ar
guments yesterday, which occupied the re-
naming time of the court, Justice Cole de-
livered this morning at the opening of the
trial his opinion as to the admissibility of
Witness Henry D. Caton's evidence in sup
port of the testimony of Charles keating,
the deaf witness. The defense made the
point, the prosecution Objecting, that an
effort had been made by the district attor-
ney to impeach Keating's credibility as a
witness, and therefore claimed the right to
offer corroborative evidence. Justice Cole
decided for the defense, holding that where
evidence had been offered which brought
out circumstances tending to impeach a
witness, or to permit 1t to be reasonably in
ferred that his evidence might have been
influenced by those events it is proper to
give other evidence in support.
Henry ID. Cation was at once recalled, and
Mr.. Worthington, beginning at the point
where objection halted him yesterday, ask
ed the witness where he had first seen
keating On the day of the shooting.
AT my home at dinner; about O'Clock" !"
w no else was present.?
My wife and Miss Mary Carter. a young
lady from Virginia"
What did he say?.'
THAT as he was going up 14th street near
F street a man passed him and he saw a
knife in the others hand. Later he saw
the man lying dead. 1t was after the
shooting"
Characterization by District Attorney
Davis failed to shake the witness recollec-
ton of the events connected with the story.
Others Give Similar Evidence.
Mrs. Cation next testified that the day of
the shooting Keating had promised to be
at her house at noon, but did not come un-
til 1 o'clock. He explained that he had
been detained by a shooting on F street.
He said he had been passed by man go
ing up 14th street with knife in his hand,
and that later he saw the man lying dead
on the street.
Similar testimony was given by Miss
Mary P. Carter and Miss Edith B. God
win, who were at Mrs. Caton's house on
the day of the shooting and who heard
Keating tell of the knife incident. Their
stories did not differ in any essential par
ticular, and Mr. Davis made no great ef-
fort to cross-examine them
Sales of Deadly Weapons.
That boy Frye gives more trouble. Yes
terday he was here all day, and was told to
be here ct 10 o'clock this morning, but he
is not here,'' half smilingly said Mr. Wor-
thington.
F. w. Ernst. formerly clerk in Pawn
broker Crosses employ, was called in the
absence of Frye. He testified concerning
the method of selling deadly weapons and
said that purchasers are required to give
their names and addresses In his expert
ence, however, 1t is not often the case that
the real name or address of purchaser is
given. The seller exercises no function in
the matter except to sell and to accept the
name given. Mr.. Ernst is now a photog-
rapher, and he is also a clever witness Mr.
Davis asked him question and the witness
replied
Il don't think ought to answer that"
why eACldlfIl-u
Mr.. Davis.
Because it seems to me you want me to
say"
Nothing of the sort. / only want You to
tell what you know" replied the prosecutor,
disgustedly turning his face away from the
witness.
The presence of James Frye the boot
black was then triumphantly announced by
Mr.. Worthington, and the tagging interest
OF the spectators was greatly quickened.
Witness Frye.
Frye Is neat-looking mulatto boy, and
his evidence was given in a youthful way,
that was at once unconcerned and appar-
emily convincing.
Now. James," patronizingly inquired
Mr.. Worthington. you know Mr.. Canty
and Mr.. Rye?"
Yes. SIR"
And you saw them together on the day
before the shooting?"
Yes SIR"
Where were they?'
In front of No. 1881 F street."
Where were you at the timer"
Standing behind the railing"
ing?"
They were fussing and cursing."
We'll. what did they say?"
why Mr.. Rye was calling Mr. Canty
names" slowly replied the witness. in evil
dent embarrassment and as If reluctant to
utter such words before the spectators
among them several women.
You must say the words James Now
go ahead" said Mr.. Worthington, reas-
suringly.
We'll. Mr.. Rye, he called Mr.. Canty a
beef-eating scoundrel," blurted the wit
ness.
Anything else?''
He cursed him." again the answer came,
with reluctance.
Tell what he said.''
We'll. he said he was beef-eating
- of -. coward and -"
well. did he curse more?"
Yes, sir, right smart. 1 can't remember
all he said
Rye Anxious to Fight.
Frye further testified that Rye was very
anxious to fight Canty and that he was
shaking his right fist in Cantys face In
his hand Rye held small pearl-handled
knife, with the blade open. The morning
of the shooting he had seen Rye pass four
times in front of No 1881 f street. and the
last time ne stopped and talked with a
man wearing a gray goatee-he does not
know who it was.
He said this occurred during fifteen min
utes to a half hours time, and was about
quarter cf an hour before the shooting
He saw the shooting ana was in front Of
DIR. Stones office.
!"