The times., 1898-05-28
EVIDENCE AsaHl THREATS
Judge Cole Decides to Admit
Important Evidence.
VAN sENDEN ON, THE STAND
The Defendants Partner Relates
the History of the Havener Note
Cunty and Rye-Pferpont Wagga-
man Gives His Version of 1t.

Although no new light was thrown on
the circumstances Immediately surround
Ing the killing of George M. Rye in the
Canty trial, yesterday, In other respects
the proceedings may be considered as
more interesting than any since the hear
ing began.
At the conclusion of the testimony of
Pierpont Waggaman. who finished at 2:45
p M, the jury was asked to retire and
the counsel in the case argued the ques-
ton of the admissitility of evidence to
prove threats against Canty's life, al
legged to have been made by Rye.
District Attorney Davis objected at
every stage of the proceedings when
such testimony was offered by the de-
fense. and by agreement the argument of
the subject was deferred to some suit
able time. Mr.. Davis objected to the In
PRODUCTION of evideice to prove threats
on the part of tie deceased, on the
ground that so far all the testimony
Went TO show that a the time of the diff
fculty it was the dfendant who started
the colloquy which ended in the killing
of Rye. He also stated that the evidence
so far showed that the defendant some
time between the holr of the quarrel on
Monday and the killing on Tuesday arm
ed himself, not to pptect himself against
Rye on account of hreats against his
life, but against thrats of abuse which
the man who was Killed said he would
repeat whenever am wherever he saw
the defendant. He tlen reviewed the tes-
timony briefly. concluding that there was
nothing in Rye's actons on the day he
was killed which tened to show that he
was seeking the defe,dant.
Mr. Worthington. wlo argued the uues-
ton in behalf of the defense, said that
il was proper to prFe threats 10 show
the state of the miri of the defendant
at the time he encountered Rye the day
after the quarrel. anf thereby show what
cause he had for feafng bodily injury.
The Evfdenc, Admitted.
After hearing exhaustive arguments
and the citation of numerous authorities
Judge Cole decided tliat when threats
were heard by the winess. whether COM
municated or not TO ne defendant they
should be admitted. IS TO other threats
he would pass judgmrt later.
As for the testimbfy introduced that
of Mr.. VanSenden. pmty's former part
ner IN business, and M :Waggaman, the
man who was in coEesa ton with the
defendant just prior to he shooting. was
the most interesting. Unfortunately. the
latter left Mr. Canty moment or two
before Rye approached. although he saw
him coming. He left, hssaid, because he
thought there was goirg to be trouble
The only remark he hear was you call"
He did not hear the declration heard BY
the other witnessesf George. you owe !
,fTI. .
mark made BY Canty. ~
Mr.. Van Senden kney nothing of the
shooting, his testiTnoE, relating almost
wholly to the business transaction which /
Rye had with the firm.
The defense has virtuaR closed its case
with the exception of a fw minor details /
On account of it being Saturday. 1t is
probable that the defenant, Canty, will !
not be placed on the stan today. because /
there is little doubt that he greater part /
of the morning session ill be taken up /
with offering the remainer of the testi- /
mony for the defense.
When the court convend the first wit
ness called was James Mccall. an con- /
ductor on the metropolitan Road. He !
said he knew nothing ofthis shooting as /
at the time it occurred his car was at |
T and Thirteenth Strees.
Conflicting Testimony
Fayette Waters testifid next. He de-
scribed how Rye fell AM said he heard
some one say: Hes dr.yped something"
On cross-eXamination. Mr.. Waters said
that some of the staterents made to the
district attorney shortf after the shoot
ing were not as he remembered the cir
now.
Concerning IcRtinE.
Mrs. Kate Cation, tht lady with whom |
the witness Charles Rating conversed
on the day of the sooting, testified:
Have known Heating ince l was child
He had an engagementthat day with me,
but he came late, saing that he was
detained on account ofa man being shot
on f Street. When M Keating talked
Of leaving the city | too the defendants
counsel. 1t was about two weeks after
the shooting"
Mr.. Worthington offrad to prove by
the witness the statement made to her by
Keating very short tine after the shoot
ing. Mr.. Davis objecet and was sus-
tained by the court.
On cross-examinationb Mr.. Davis the
witness was carried bact ,Ver the greater