The evening times., 1898-05-18

The trial of Dennis J. Canty. who Is
murder of George W. Rye. was continued
this morning. Judge Cole presiding.
As coon as the court was opened by the
crier the attorneys on both sides entered
and took the seats occupied by them yes
terday.
The defendant was also attended by the
ladies' and his relatives who were In court
yesterday.
Interest In the proceedings reached the
highest point today when the first witness
OF the shooting was placed on the stand
by the Government.
The proceedings were also enlivened by
a legal argument between counsel rela-
tive to the Introduction Of statements of
the defendant. explanatory Of the shoot
ing. as evidence.
As soon as the court convened DR..
William M. Grey. the microscopist. who
was on the witness stand yesterday at
the hour of adjournment was recalled to
testify as to the effect of powder explo-
sions on cotton and wooden cloths at va
rious distances.
While on the stand yesterday he stated
that on close examination no signs of
powder were found on the clothes OF the
deceased. This morning the Government
attempted to strengthen this statement
by the introduction Of evidence to show
at what distance gunpowder grains from
an exploded cartridge could be detected
on a foreign object.
The defense objected. on the ground
that there was a number of eyewitnesses
to the shooting. who would testify as to
the distance of the principals. The OBJ
lection was sustained by the court. with
the understanding that IL desired and nee
essary later, expert testimony could be
introduced on this point.
William Fl. Diggs was next called and
testified substantially as follows:
81 saw Mr.. Canty standing near Four
teenth and streets. l mounted a wheel
at the curb near him and started toward
the Ebbitt House. The first shot passed
about eight inches in front of my wheel.
Mr.. Rye was in the roadway. Canty was
on the sidewalk They were about twelve
feet apart. When the second shot was
fired Rye threw up his hands in front of
his head and cried murder, and contin-
ued to do SO as long as he could.
On cross-examination the witness stat
ed that he was working on the second
floor of the Western Union building and
came down and mounted his wheel to
ride away when he heard the first shot.
II dismounted and turned and saw the
three last shots fired. When / saw Rye
he was turned sideways to Canty. There
were several around, but no one seemed
to take any care of Rye. After the
shooting Canty started west on F street
and went but a short distance when he
came down to the roadway and stopped
and turned east. As soon as Rye fell 1
rode over to Canty as fast as / could
and placed my hand on Canty. He had
placed the pistol back in his pocket
1t was at this stage of the proceedings
that the first tilt took place between
counsel.
Mr.. Worthington wished the witness.
Diggs, to state what was said by the
defendant. MIR. Davis objected on the
ground that what was said AT that time
is not part of the res gestae.
There seemed to be a willingness on
the part Of counsel that this matter
should be settled at once. SO law books
We're sent for and the first legal battle
of the trial began.
The Government claimed that anything
which the defendant may have said
after the shooting was for a purpose and
should not he admitted. The shooting
was over. and he ha dalready returned
the pistol to his pocket and deliberately
walked away.
The question was argued for the defense
by Mr.. Worthington. The arguments on
both sides occupied more than an hour
and half and extended into the after
noon session.