Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-10
Progress Made in the Trial of Dennis
J. CAVITY.
ARGUMENTSBY DEFENDANTS COUNSEL
District Attorney to Make the
Closing Speech Tomorrow.
REVIEWING THE EVIDENCE


cess in the cells in the city hall basement.
She replied, with the color swiftly rising in
her cheeks, to the prediction, cautiously
ventured to her by a court attache, that
her husband will be a free man Sunday
next.
District Attorney Davis has promised
that he will begin mis- closing argument at
l o'clock tomorrow and give the case to the
jury in the afternoon in time for q verdict
before midnight.
1t is not expected that the jury will be
long in announcing their conclusion. The
opinion very generally expressed by law
yers who have watched the proceedings is
that the government has not made out a
case of murder, and the guess is hazarded
that the jury will either acquit or be un-
able to agree.
MIR. WOrthinxton's Argument.
Shall I proceed, your honor?" question
ed Mr.. Worthington of Judge Cole "a
minutes past 10 o clock. His honor nodded
affirmatively, and the leading counsel for
the defense slowly walked over to the lit
tie arena in front of the jury. There he
laid on table e formidable pile of notes.
and after draining a glass of ice water
commenced his long task. He spoke quiet
ly and with seeming self-conviction. For
the first fifteen minutes his voice barely
rose above conversational tone The jury
listened intently, and their glances seldom
strayed from his face.
A stranger CHANGING into the court room
might have known, without prompting, that
Canty was the defendant on trial for his
life, for no other man in the room
plainly showed keen, deep, absorbing inter-
est at the counsel's words Canty is big
fellow, large-eyed. bushily eyebrowed,
square-shouldered and with a frame that
lifts him far above men of the average
hl1i11 oil tn civ cyla
him out from among a crowd lift him
above its level, but add to it the strained,
alert, tense look which held his cOuntc-
rance as in wise today. and there could
be no mistakirg the fact that his was the
life which was at stake. The closing
hours have brought back to Mrs. Canty's
face the lines and dark circles. showing
her fears, her anxious hopes for the safety
of her husband. Yesterday she suffered all
day from a severe nervous headache, and
used smelling salts every little while. She
sat often with her hand pressed upon her
forehead. land her face frequently showed
the pain she was enduring. She looked but
little better today, and never removed her
gaze from the jury, whose faces, it seemed
she searched again and again for some
faint expression 70 show that her husband
will be set free by their verdict.
Evidence Analysed.
After solemnly reminding the jury that
they were to determine a question involving
d man DE OF llDeEty, MI WoTtuilS loE
without delay began his analysis of the evil
dence. Beginning with the trouble over the
money which CAVITY owed Rye, and Rye's
rote which the Defendant obtained possess
sion of, the speaker idwelt with emphasis
upon the testimony II gardinS the knife.
"Now, gentlemen" he. said, I'VE come to
the evidence about the knife, and want
you to pay particular attention, the
question is whether th9re was or was not
a knife Burch. the soldier boy: Polkinhorn
and Norris all three saw something in Ryes
hand. One thought it was perhaps an eye
glass, another small bright object and the
third penkrife. And If there was no other
evidence you would have to take the word
OF Defendant Canty that it was a knife.
Fortunately for the defendant, whom the
district attorney is trying to send to the
galcWs, there are two witnesses who saw
thu knife. The boy Frye who probably saw
more than any one else, said he saw the
blade of Il penknfe sticking from Rye's
hand. And now l declare that Canty, stand
ing there with this enraged man Rye in
front of him threatening his life, saw the
knife, but did not see its size, and was i'm
PEELED through fear to defend himself"
Discussing Canty's actions during the ia
tai encounter, Mr.. Worthington said that
witnesses have shown that Rye was never
more enraged in his life than he was seen
to be then, and that Canty was observed to
turn pale and to act like a baby" dra-
matically quoted Mr.. Worthington, "or like
He said the district attorney had made an
effort to show that Rye had a habit of
twirlng an open-bladed penknife in his
hand of which it was presumed that Canty
was aware but the testimony of the man
who knew him very intimately, Col. Ayres
was that he never knew of Rye having
such habit.
I'm beginning this trial." continued Mr.
Worthington, MIR. Davis said it was a
most mysterious case, involving the bur-
glarious or otherwise obtaining of the re-
yolver from Waldorf's store and the find
ing of a knife, not bought in this city, near
the body of Rye
The Mystery DfspeIIed.
Mr.. Worthington claimed that the evil
dence has dispelled all mystery, if any
ever existed. and it has been shown that
the revolver was purchased from Pawn
broker Crosse several years ago.
why, Canty himself aided the prosecu-
ton In locating the store where he pur-
chased the revolver. He said he thought
IL was some place on side street where
there were a number of pawnshops. One
OF you jurors suggested that it might be
r street. Canty volunteers to go there
and, indeed. he did, attempting to identify
1t. He testified that he believed the store
was now grocery, and was either 1907
or 1903 street, aid through this 1t was
found that Crosses was the place. If Canty
was lying would he have tried to find the
place where he bought the weapon?"
Mr.. Worthington then said 1t had been
shown that Canty kept that pistol in his
house for legitimate purposes Of defense.
and that he was not In the habit of carry
ing it on his person.
In this way, step by step the speaker
went through the testimony concerning
Canty's actions at home and down town
the day before the shooting and also on
the day of the homicide! 1--WE find that
this man." said Mr.. worthington, referring
to Rye. from Moylan-s evidence, the night
before the shooting took drink of whisky.
1t was unusual, significant, that this man
whose profession required that he keep
his nerves in steady condition. who was
never before seen to drink whisky, who
old not even smoke for fear of unnerving
himself-it was significant, 1 say that
after the alteration Monday he took a
drink of whisky If bracing himself for
something to come"
Mr.. Worthington reviewed the evidence
which showed that Rye was in an ugly
frame of mind the morning of the shoot
ing; that when he was standing In front
of No. 1881 F street he looked grim and
angry, and that he was seen by the boot
black, Frye to go up and down past that
place number of times.
Large Crowd Gathers.
Within an hour after the opening the
court room was crowded-more densely SO