The times., 1898-06-09
PRAYERS Of THE COUNSEL
The Whole Day Consumed by
Opposing Lawyers.
STATUS OF THE CAVITY CA5E
The Final Arguments Before the
Jury VIII Begin This Morning.
Led by Assistant District Attorney
ShfIIington - Six of the Prosecu-
tiOn's Prayers Admitted.

The arguments to the jury in the Canty
trial VIII begin this morning. The open
ing address will be made by Assistant Dis
7rict Attorney SheIIington, who viii be
followed in turn by Judge Wilson and
Mr. Worthington for the defense. The
closing argument viii be made by Dis
trict Attorney Henry E. Davis. and If the
earnestness with which he has conducted
the prosecution may be taken as an esu-
mate, his arraignment Of the defendant
viii be terrible.
The address Of Judge Wilson and Mr.
Worthington are also looked forward to
with much interest by those who have
kept up with the proceedings, ami their
final appeals in behalf OF their client are
looked forward to with great expectancy
by all who know their ability as pleaders.
So far as the proceedings yesterday are
concerned, they were Of little public in
terest, the entire day having been con-
sumed in arguing the propriety OF the
prayers OF either side being given 10 the
jury as Instances TO aid them in arriving
a. a conclusion as to the guilt or inno-
cence Of the defendant
Briefly told. the situation is: Dennis J.
Canty is indicted for the murder Of
George N. Rye at the northwest corner of
+ and Fourteenth Streets. on March Is
last. by shooting him with pistol. The
defendant admits the killing and puts in
plea Of seIf-defense.
Scores of witnesses have been produced
on either side and there had been as many
different stories Of the shooting as there
were witnesses who testified. In fact. IL
1,a has lyl1 fregrnlrfr1r~ nv
sci during the hearing that the variance
Of the testimony Of the witnesses was re-
markable and unprecedented. As to what
WIS done, the manner Of doing il. when
and where the shooting was done and
what was said by the principal before il
was done. are matters on which each and
every witness differed in material details.
The great majority Of witnesses say the
first shot fired by the defendant was in
a soUtheasterly direction, while Canty
himself said on the stand il was fired in
q northeasterly direction. As TO the dis
tance the chief actors in the tragedy
were apart when the shooting took place
there is also a great difference Of opin-
ion. many placing them within a few feet
Of each other on the northwest corner Of
F and Fourteenth Streets. while as many
more place one on the sidewalk and the
other in the carriageway from ten to
fifteen feet away
IT was expected when the court con-
vened that another witness for the Gov
ernment would be introduced by Mr..
DAVIS, but as the witness was not in
sight he announced that his case was
closed. Mr. Worthington then stated that
he had received letter on Tuesday aft
ernO0n which compelled him 10 ask TO be
allowed TO offer another witness to testify
in relation TO the pistol in the case. Mr..
Davis asked what the witness was ex-
pected 10 prove, and Mr.. Worthington
said that he expected to show that about
sixteen months ago Grose, the dealer
from whom Il is alleged Canty purchased
the pistol with which he killed Rye. had
sold a revolver 10 a person without prop
erly recording the sale.
Mr.. Davis objected but Judge Cole held
that the evidence was competent. Il was
then expected that the witness would lJe
introduced at the afternoon session, but
he was not and the discussion of the
prayers which began IN the morning was
continued.
Mr.. Davis offered eight prayers. all of
which were admitted without any ma
terial alterations except the sixth and
seventh. which were Withdrawn. after
suggestion from Judge Cole that their
contents were in substance contained in
the preceding PRAYER.
The prayers offered by the Government
not published yesterday are:
The jury Is instructed that the use merely Of
words matter how offensive or insulting
does not justify an assault by the person 10
whom they used upon the person using them
and similarly that the threatened use Of such
words does not justify such assault The jury
j. accordingly instructed that If il finds from
the evidence that at the time Of the fatal en-
counter between the defendant and the deceased
The deceased used 10 the defendant offensive and
insulting language, without any act accompany
ing the same, and indicating his present readiness
Hnd purpose 70 lntlict upon the defendant either
death or great bodily harm. the defendant was
not justified in assauting the deceased. whether
ior the purpose Of chastisement OF 10 take his
lie; and II the jury find, from the evidence that
under the circumstances assumed the defendant
IN anger at the by the deceased Of such
offensive or insulting words, took the life of
the deceased, the defendant is guilty as in
dlcted. and the jury should SO find And the
defendant IS guilty, notwithstanding that the
jury should further find, from the evidence. that
the deceased had on his person or in his hand a
deadly weapon without making any demonstration
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