The times., 1898-06-10

The arguments in the Canty trial were
begun yesterday and, with the exception
OF a few minutes, occupied in hearing the
testimony Of a witness offered by the de-
. fense. and the reading of the prayers of
! counsel Cor both sides continued until
the hour Of adjournment
The opening argument was made by As
sistaut District Attorney Shilhngton, and
it was a forcible and logical exposition of
the Governments case. He arose TO
speak at IO.25 O'Clock and. except for the
intermission for recess. he continued un-
tiI z:G7 p. ra., having spoken for four hours
and forty-seven minutes.
Before Mr.. Shnlington began his ad-
dress. Mr.. Davis requested Mr. Worth
ington to produce the trousers worn by
Canty on the day Of the shooting. Just
then il was understood that what would
be done about that matter would be de-
cided during the recess hour, and Mr..
shilhngton turned to the jury.
Shortly after he began his argument,
Mrs Canty, the wife Of the defendant,
left the court room, and it was found,
when the court convened after recess,
that she had gone 10 her home and re-
turned with, not only the trousers asked
for by Mr. Davis, but the whole suit Of
clothes worn by her husband on the day
Of the shooting. This was developed after
recess. when the defendant came into
court arrayed in the clothes he wore on
the day Of the affair. 1t was a heavy,
dark Winter suit, cutaway style, and be-
fore Mr.. Shiilington resumed his argu-
ment. he asked Canty 10 stand before the
jury and put the pistol with which the
shooting was done in both his front and
hip pockets. This Canty did, demonstrate
ing that the weapon slipped easily into
either pocket
In this connection it may be stated that
Canty, when on the witness stand, said
the reason that he placed the pistol in
his front pocket was that ii did not fit
into the hip pocket.
During the first hour of Mr.. Shilling
tons argument he addressed himself only
20 those statements Of facts in the case
which are undisputed and, having com
pleted this part Of the claim Of evidence,
he began the consideration of the testi-
monv Of the witnesses for the Govern
ment
He first referred to the testimony OF
William H DiEgs, who when on the
stand said that he was near the Ebbitt
House corner and that the bullet from
the first shot fired struck the concrete
lust ia front Of the bicycle he was riding
II this witness was TO be believed, Mr.,
Shillington said. il conclusively proves
thai Rye was not hit by the first shot.
He also discussed the testimony of the
messenger boy, Morgan. VINO was just
emerging from the basement Of the Wy
ait Building. and the barber. Berry, who
testified that at the time the first shot
-,
twenty feet apart. He also called atten-
ton to the time Of day that the tragedy
occurred. Il was noon. the lunch hour.
when that corner especially is crowded
with passers-by.
Mr.. Shnlington laid much stress on the
fact that The deceased Rye, was back
ing the whole time the firing was going
on and that even after the final shot
was fred the defendant admitted thai
his victim was retreating.
He then gave a very graphic descrip'
tion of the affair, referring 10 the rela'
tive sizes Of the two men.
Mr. ShIllington challenged the de-
fense 10 cite an instance where MAJ
with murder I'm his heart, armed for I'll
puI pose and making an attack even whel
assaulted himself, cried Murder This
CRY cf Rye's he said was the stroases
proof that when the deceased was at
tackled he Immediately cried out Murder
Murder Murder"
After recess. and as soon as Canty haC
shown how the pistol fitted into each o
his pockets, Mr.. Shillington continued hi
argument dwelling still upon the testi
Tnony Of the witnesses for the Govern
nent relative TO the distance Canty ant
Rye were apart at the time the frs
shot was fired. He called particular at
tentiOn to the evidence Of DR.. John Drew
who testified that he had his eyes OF
Rye from the moment the first shot wa
fired until he fell in the roadway. H
next discussed the testimony of Canty a!
TO his manner Of firing the pistol Tht
defendant, IL viii be remembered, statet
that he held the pistol close into hi
body when he fired This, Mr.. ShillingtoI
said was not only extremely improbable
but ii was the most unnatural thing for ;
man who was attacked 10 do. In com
menting on this statement, Mr.. Shilling
ton said that ii was fatty contradicted b,
every witness who testified 10 seein.
canty while the shooting was being done
for they all swore that he fired not onl,
the final shot, but every other shot, witt