The times., 1898-06-01
EVIDENCE IN REBUTTAL
The Son of the Man Who Was
Killed Takes the Stand.
A LIVELY LEGAL BATTLE
The Defendants Attorneys Object
to Rye's Evidence Bnd N Hot Dis
cussion Follows - The Objection
0yerruled - Mr. Davis Makes IA
Significant Intimation.

To the surprise and disappointment of
the large crowd OF spectators who gath
cred in Criminal Court No. with the ex-
pectation of hearing the first great legal
argument in the Capty trial, Mr. Worth
ington, the leading attorney for the de-
Tense, announced that he would not press
his motion for postponement of further
proceedings on account of the absence of
a material witness. Although disappont-
ed as to argument on this particular ques-
tion, the hearing had not proceeded far
when occasion arose which resulted in the
most interesting and lively tilt between
counsel for either side which has occurred
since the trial began.
After the usual prelminaries which fol-
low the convening of the court Mr.. Da-
Wis called Guy Rye, the son of George NJ.
Rye, who was killed by Canty on March
10, to prove that his father was not the
owner of such a knife as il is alleged he
assaulted the defendant with on the day
of the shooting. Mr.. Davis also stated
that other witnesses would be called to
give similar testimony. Mr.. Worthington
Tor the defense objected to the introduc-
ton of such evidence on the ground that
it was not proper rebuttal and if II has
been in the possession of the prosecution
IL should have been offered in the direct
examination He also stated that it was
the duty of the district attorney TO have
furnished the defense with the names of
all the witnesses with which he intended
to confront the accused. whether il was
against him or in his favor He also said
that Mr.. Davis should have offered all the
witnesses to testify who knew anything
Of the case.
In reply TO these statements Mr.. Davis
said that If the facts in the case which
he intended TO prove were excluded, the
proceedings would be a world wide scan
dal. And then, with some feeling, said
when the time came, If his tongue was
not paralyzed, he would have something
to say TO the jury.
He was not compelled to call as wit
nesses everyone who came TO his office
and on account of a fevered imagina-
ton thought they knew something OF
the case, if he believed them to be liars
He then referred to the witness Swaggart
whose conscience stung him and made
him ask TO be allowed to correct his evi-
oence and characterized him as person
who did not know his own mind for an
hour. He also made a brief but cutting
reference to the witness Keating whom
he said, no one, unless directly interested
IN the defendant, would have the hardi-
hood 10 say he believed a word he said.
In closing, Mr. Davis, turning TO the
court, said with much feeling that he
hoped the time had not come when a
trial judge at the Capital City of the ma
ton would permit a felon or one who
ought to be, TO escape justice because of
technicalities of the law.
The argument was closed by Mr. Wor-
thington- The reply was begun by Judge
Wilson, but on account of indisposition
he was compelled TO give way to Mr.
Worthington.
The opening argument was by Mr. Wor-
thington who was replied TO by Mr..
ShilliHgton.
When the argument was ended. Judge
Cole said that from the beginning there
was no doubt in his mind as to the law
on the matter. Counsel on both sides
he said must admit that when the Gov
eminent put in evidence that Canty fired
the fatal shot that it was sufficient. so far
as proving the Indictment is concerned.
and might then properly rest. The de-
fense, he said, is self-defense, and this
involves proof that Rye was armed or
approached in a threatening manner AS
he understood II. II was not matter of
discretion with the trial Judge but the
right OF the Government to introduce the
testimony proposed.
As soon as the court convened Mr..
Worthington asked Mr.. Davis if there
was any news of the absconding
- lA-AtSer 4-NS4iE 1NISStll. MI DdNlS ECdh
a telegram received yesterday from the
United States marshal at Portland, Ore.
stating that Russell had not yet arrived
In that city.
Mr.. Thompson, of counsel for the de-
fense, also stated that he had visited Rus
sells home in this city, and was inform
ed by the absent witness's brother that il
was possible that Lester had not gone
farther than Chicago.
II Van CeU1ar1 recaIlad
further examination by Mr.. Davis, who
handed him a copy of the Evening Star
OF March 15 the day of the shooting, and
asked If he had had conversation with
reporter for that paper. The witness
stated that he had conversation with a
Star reporter about an hour after the
shooting, but did not make the state
ments accredited to him.
Mr.. Guy Rye, son of the deceased, was
then called to the stand, and said: ION
the day of the shooting / was in New
York I received certain articles which
belonged to my father from the Metro
pohtan police property clerk. They were
diamond studs, gold watch and chain,
one pair of eye glasses small pen knife,
and s497.93.'
Mr.. Davis then asked Mr.. Rye how
long his father had carried the knife in
question, when Mr.. Wcrthington objected
on the ground that the Government had
not notified the defense of what ii intend
ed to prove.
Mr.. Davis said IL such a course was un-
dertaken by counsel less distinguished
than Mr.. Worthington, he would call it
"quibblinE," but as he saw that it was
the intention of the defense to shut out
as far as possible evidence in rebuttal he
would settle the question at once. He
sent for authorities.
Mr. Worthington then stated that the
defense would not argue that the knife
found on Tuesday was the same as that
in the possession of the deceased on
Monday
Continuing his testimony, Mr.. Rye said:
MY father was right handed"
Mr.. Davis then asked him if his father
had ever said anything to him about the
Havenner note. Young Rye was about
to answer when the defense objected and
asked Mr.. Davis to reduce to writing what
he desired TO prove.
Judge Cole sustained the objection of
the defense, saying that what transpired
between Rye and Havenner was imma-
teriaI
At the hour of adjournment It was an
nounced that one of the jurors, Mr. Sears.
was i'll, but his sickness was not thought
10 be of such a nature as to prevent his
attendance this morning.
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