The times., 1898-06-03

l heard the large man say something
but / can't say what The small man
drew the knife from his hip pocket. At
that time the big man was about feet
away. / was about ! 1-2 feet from the
man when he drew the knife and ! had
to go by near the iron railing on the south
side of the Wyatt Building. The man
with the knife was a little, insignificant
looking fellow. l had no particular OBJ
jeCt in view when / walked up f Street;
was just walking. When the little man
fell both men were out in the street"
DR.. Ritchie Stone was then called by
the Government in rebuttal, and said: Il
did not see any knife about Rye's body
when he fell
George w. silsby was next called, and
said:
Il knew Rye; saw him the day he was
shot; he was in my office about 1890 a.
m; he had business with me; he gave me
an order to sell"
Miss Sommerville was then recalled by
Mr.. Worthington to locate her position
more definitely, while the alteration was
going on. Before the counsel had an op-
portunity to ask her the question she vol
unteered the information that she was on
northeast corner of F and Fourteenth
Streets She was then closely examined
by Mr. Davis as to whom she conversed
with since she left the witness stand
W. B. Hibbs, the broker, testified as
follows:
Il knew Rye; he came to my office on
the morning he was shot; he only remain
ed few minutes: there was nothing in
his manner that attracted my attention"
Mr.. Middough, the manager of W. II.
Grose, the dealer in second hand articles
from whom it was supposed the defend
ant, Canty, purchased the weapon with
which he killed Rye was called and said
that after careful examination he could
not find any record Of the sale
b. G. Waller testified that when Rye was
falling his right hand waS UP in the air
and open, there was no knife in IT,
Colonel Akers, when called to the stand,
testified: Il saw Rye when he was fall
ing. His hands were open and there was
nothing in them
Charles Morgan. a messenger boy, tes-
tilted: when I first saw Rye he was in
the street. He raised his left hand: I was
watching him and nothing fell from either
hand"
DR.. w. T. Birch testified: when Rye
was shot / was in the driveway of F
Street. I was walking west. I saw the
man who was shot. He was u feet from
the Wyatt building curb, facing Dr.
Stones office. / saw Rye's left hand after
the third shot; it was raised to his brea st.
His right hand was not raised SO high.
| helped TO raise the body. I saw no knife
Dislay assisted on the opposite side I
heard someone say something about
something dropped
When court convened after recess, the
examination of Mr.. Mcintyre was con-
tinued and he was asked what Rye said
to him about the altercation with Canty
on Monday. The defense objected TO such
testimony as not being in rebuttal. Mr.
Davis then reduced to writing what he
intended to prove, and submitted it to the
defense and court. Mr.. Davis explained
that the evidence was not offered not only
TO show that Rye was not armed but to
show his state of mind toward Canty
The question was argued briefly by Mr.
Worthington and District Attorney Davis,
but the court deferred passing on the
matter until some authorities were cited
and further discussion was deferred until
| this morning.
Detective Proctor was then called to