The times., 1898-06-10

his arm extended. He then commented
on Canty's evidence explanatory of his
movements on Monday afternoon, argu-
ing that the addition to his testimony
TO the effect that he armed himself on
Monday, after the alteration with Rye,
was only to give color TO the cause OF
his presence at Jeffords's office during
the afternoon of that day. While speak
ing of Canty's arming himself, Mr.. Shill-
ington said that no sane person would
have the boldness TO say he believed
him when he said that. expecting TO
meet his death. he armed himself with
q pistol he had not seen for two years,
and that he did not examine it to see
whether il was loaded.
Mr.. Shillington then, by placing the
knife and the pistol IN evidence alongside
OF each other. showed that the former
was about an inch longer than the re-
volver, and argued the improbability OF
RE carrying the knife in his pocket.
Then taking UP the testimony of the
witnesses for the defense, and after pass
ing a few who gave evidence as to unim-
portant details, he discussed the state
ments Of Cochnoer, Chase and others who
said they saw knife or something drop
from Rye's hand before he fell to the
ground. The evidence Of these witnesses,
Mr.. Shillington argued, fatty contradict
ed the only theory of the defense that
knife dropped from Rye's hand and was
found under his body when ii was lifted
from the street
Referring 10 the witness Heating, he
said that he was not worthy of belief,
and that no one with sound judgment
would hang a dog, much less let muir
derer escape on such evidence as he gave.
He then commented that, of all the per-
sons who were in the vicinity, no one
heard the cry of Keating. Look out
that man has a knifei'
He then referred TO the testimony of
Miss Roberta Somerville, the young lady
from Virginia, who is scarcely out of her
teens. He said that IL was an absolute
physical impossibiiity, according to her
own statements, for Miss SommerviIle To
have seen anything Of the killing of Rye.
He called attention to the fact that she
insisted that she first noticed the men
/ Quarreiing when she was at T and Thir-
teenth Streets and heard the small man
] cUrsing, using 'horrid, rough language,
4 when she was midway on the block be-
/ tween Thirteenth and Fourteenth Streets.
/ He also alluded TO the fact that the wit
/ ness placed the principals IN the tragedy
fifteen or twenty feet farther west and
/ nearer the Wyatt Building than anyone
I else who witnessed the affair And tc
J complete her story Mr.. Shillington noted
that Miss Sommeryille placed both Canty
4 and Rye in the street when the shot was
/ fred.
When Mr. ShiIling:on closed Mr.. Worth
ington asked If he would not declare the
Governments theory of the knife Mr.
Shillington replied that he did not think
he was called upon to do so, as that was
a matter for the defendant to ascertain
He said the Government had shown that
Rye had no knife in his hand at the time
he was shot, and that, he thought, was
I sufficient at that time.
Before the court adjourned, Judge Cole
I called the attention of counsel to the fact
that he wished TO make some modifca-
tion in the prayers offered.
When the court conyenes this morning
Mr. Worthington, the leading counsel for
the defense. will address the jury. 1t is
Z expected that he will speak during the
greater part of the day. He viii be fol
I lowed by Judge Wilson. who will make
! the closing argument for the defense Mr.
Davis, who will close for the Government
will begin his argument at / o'clock or
Saturday.
Judge Cole yesterday gave the jury per
mission TO be photographed in a group
and it is expected that they viii avail
themselves of this privilege this morning
before court convenes.