The evening times., 1898-05-20

| Counsel in the Canty trial locked horns
q; an early hour today as to the proper
method of conducting the examination OF
witnesses.
1t was claimed by Mr.. worthington
that Mr.. Shillington was leading a wit
ness This statement brought District
Attorney Davis to his feet as If some
thing had stung him.
In objecting TO the manner In which
Mr.. Shillington was conducting the ex-
| animation Mr.. Worthington termed 1t a
new departure"
| 1t was then that Mr.. Davis rose with
a spring and said that the remark was
| an offensive insinuation. and that such
| interruptions were unnecessary.
He then quoted at length the law as 10
| leading questions and argued that the
queries put by Mr.. shnlington were not
leading.
Mr. Worthington characterized Mr.. Da-
Wis remarks on this point an instruc-
tive lecture to counsel and the court. Mr..
Davis replied that If his remarks were
instructive to counsel, his day was al
ready well spent.
The question of what the defendant said
the front again, while Mr.. Mattingly was
on the stand. ss,r t4.sg .ssr Ir-----r
He testified that ne laid his hand on
Canty. and the defense wanted him to
state what the defendant said at that
time. The court. however, ruled that
what was said at that time is not part OF
the res gestae.
Mr. William A. Widney, who on Tues
day testified that he was the first person
to reach Rye after he fell, was recalled
for the purpose of being identified by
Freeman, another witness who also claim
ed 10 be the first who wen; to Rye's as
sistance. They were shown the knife
alleged to have been found under Rye's
body when he was picked up and remov-
ed to the E.bbitt House.
The only sensation Of the day was caus-
ed by MIR. Walter c. White, whose testi-
mony vas at variance with everyone of
the forty-two witnesses who had already
| testified. Mr.. White placed Mr.. Rye on
the pavement during the whole time of
the shooting.
AS soon as the court was convened
Judge Cole stated that on consideration
he had decided that the reply of the de-
fendant to the remark made by some one:
Don't let him get away should be CIV
en- to the jury. and recalled the witness,
, Rhodes. who was on the stand at the
hour of adjournment yesterday.
Mr.. Rhodes stated that in reply to the
statement, Don't let him get away" Mr..
Can.y answered: Il am not going to try
to get away The defendant. it was
stated. also made an additional state
ment but this the witness would not be
allowed to repeat.
William A. Freeman, colored. a barber,
stated that about five minutes before u
o'clock he saw Mr. Canty in front of his
shop, 70S Fourteenth Street. Later he
saw him go south toward F Street. He
was then called to the shop, and went in.
He then heard n shot. and ran out and
saw Mr.. Canty standing on the Wyatt
corner shooting. He was firing in a
southeas;erly direction, at a man in the
roadway of F Street. When only one
shot was fired the man Canty was shoot
ing at was eight steps away from him.
When he first saw Rye he was turning
with his hands up above his head. and
cried Murder, murder!' He then reeled
and fell Witness said he was the first
to reach him. Two or three others came
up quickly.
He said, Lets carry him to the drug
store" He only lived three or four min
utes In carrying him his body swagged
and he heard something drop and heard
someone say let him alone. When the
witness came from the drug store Canty
was in a cab with Policeman Riley.
On cross-examination Freeman stated
that while on the pavement a man, Law
renee johnson, was also there. He was
there while Canty and Waggaman were
talking near the Wyatt Building. He
knew Henry JACKSON, but did not see him
in the neighborhood of the shooting. He
was on Rye's right and white man whom
he did not know was on the left. Two
colored men, Diggs and Swansey, were
also there. He did not see anyone near
Canty when he was shooting. He heard
only three shots. Rye only moved about
feet after the shooting began. Freeman
described in a most dr; matte manner the
movements of Rye when he was falling.
1t. however. differed materially from that
of all previous witnesses.
Leonard II. Mattingly when sworn.
stated that on the 18th of March about
12:05 o'clock he was passing east on F
Street. He heard a shot and turned and
saw man standing on F Street fifteen
feet west of Fourteenth Street shooting.
Canty had fired twice before he saw
him. The man he was shooting at was
twenty feet away from him in a south
easterly direction. When, he first saw
Rye ne was facing north, he was in the
act of turning and did so after the third
shot was fired.
The fourth shot was fired while Rye had
his left shoulder towards Canty.
At that time Mr.. Mattfngly stated that
Ryes hands were hanging loosely IN
front OF him little extended He saw
Rye when he sank to the ground. After
the fourth shot. he took four or five un-,
certain steps toward, the, Ebbitt House
before he fell. He sank gradually in a
heap. After the firms, Canty stepped