Evening star., 1898-05-21
Evidence for Prosecution in Canty
Trial Practically Ended,
DISTRICT ATTORNEY DAVIS so STATES
The Testimony Submitted at Hear
ing of Case Today.
IMPORTANT WITH ESS GONE

The sixth day of the trial of Dennis ].
Canty, charged with the murder of George
NJ. Rye by shooting him at midday, March
- last, at the corner of F and 14th streets,
was marked by the conclusion of the ex-
animation of the witnesses for the prosecu-
ton, Towards the close of the proceedings
yesterday, and after the testimony of Wal
ter d. Davidge. jr., John B. Diggs and
James W. Wauser. both colored. Major
James B. Darden and j. Walter Drew had
been taken none of which developed any
thing new of material character Mr. Davis
announced that the government would
close its case today. Consequently there
was decided expectation this morning be-
fore court began that the government
would present some new and material evil
dence as a closing effect.
The prosecution during the week had
succeeded in showing by a preponderance
of testimony that Rye was retreating when
the last shots were fired at him and a
number of witnesses had sworn that his
hands were in the air when he began to
stagger he fell to the roadway.
Important Witness Absent.
When court opened this morning Mr..
Worthington arose and stated that Leslie
Russell for whom Mr.. Davis had yesterday
asked an attachment, had left the city at
IL o. clock yesterday morning for Portland
- Oregon. to take a position on base ball
team. Mr. worthington stated that if he
had not felt certain that Russell would be
in attendance at the trial he would not
have agreed to proceeding with the trial.
He was a most important witness.
Mr.. Davis agreed that Russell was an i'm
portant witness, and should be placed On
the stand.
Judge Cole said measures should be taken
to bring him back. The base ball interest
that took Russell west was alluded to by
Mr.. Davis. who said it would be very wise
to rSd1lf to- x rlyn
Maybe the man was afraid he would be
put on the Washington base ball nine and
He'd in consequence, said Judge Wilson
arily.
1t was finally decided to bring Russell
back at any cost, and subposnas duces
tecum were ordered Icy Judge Cole for Man
Rger Marean of the Western Union ard
Manager Allen of the ios.al Telegraph
companies. respectively, to appear and pro-
duce copies of any teiesrams received or
sent by Leslie Russell, the purpose being 20
find out what route the %iine: 8 had taken
west Mr. Davis also sent 10 Inspector
Mattingis a request for one of his men 20
get on Russells track. the district attorney
stating that nothing would be left undone
to compel his return and attendance, the
witness being IN contempt of court and sub
5ect to punishment therefor.
When this settled Edwin B. Nc
Cowan was called by Mr.. Davis.
Mr. Worthington objected to his exami-
nation the ground that the defense had
not been notified two entire lays before
the trial commenced that MCGOWAN would
be called as a witness.
This led to an interchange of legal opin-
iors between Mr. Davis and Messrs.
Worthington and Wilson. Judge Cole de-
cided to admit the testimony, and defense
noted an exception.
Mr.. Cowan's Testimony.
Being sworn. Mr.. MCGOWAN stated he had
been a resident here since January u, 1893,
and was on 18th street about fifty or sixty
feet from the Ebbitt House toward Penn
sylvania avenue at the time of the shoot
ing. He heard pistol shot and looking up
saw a large man at the corner of the
Wyatt building, on the sidewalk, shooting
at man In the roadway about twenty feet
distant. The man being shot at was half
turned from the man shooting, and was
In the act of stepping backward at 10th
the third and fourth shots The man shot
at stood for an instant after the fourth
shot. and backed perhaps three four
steps before falling. Witness at first did
not think the retreating man had been
shot.
The witness was not cross-examined.
Conrad Becker, the F street saddlery
merchant. testified that he was near the
Thomas NJ Gale. Mr.. Becker's testimony
agreed with that of the preceding witness
as to the details of the shooting He was
Mr. Worthington here stated that one of
the witnesses for the defense had enlisted
in the army. and was to leave for Chicka-
report to his command at o'clock on the
White Lot, and If the prosecution would
permit it. the defense would like to exam
Inc the witness at once. Mr.. Davis acqui-
esced. and Edmund p. Burke was called.
Witness in Uniform.
A young clad in the uniform Of a
soldier in the army, and now a private in
the LIST Regiment. took the stand.
Mr.. Worthington asked witness if he had
seen Canty and Rye together March IA.
Mr. Davis was up In a minute.
THE day before the shooting?" inquired
Mr.; Davis.
"the day before the shooting"
Send for Mr. Guy Rye at the yelling
ton Hotel" directed Mr.. Davis Then the
examination of Burke proceeded
March "A. about II o'clock" said the
witness. Il was in front Of Jenords
brokers' Office at 1881 F street, and saw
Mr.. Canty and Mr.. Rye there together.
knew both gentlemen Mr.. Canty and Mr..
Rye were at first quiet in their talk. but
pretty soon Mr.. Rye shook his left fist in
Mr.. Canty's face and called him a -
= and a blackguard and a id
thief Mr.. Rye said Mr.. Canty's partner
was id thief, too. Mr. Rye was very
mad and his eyes flashed bright Mr.. Cam
~ said to him:
Don't make a scene here. George.
Come in back here pointing back to JEFF
fords office.
".Oh. h-n.," said Mr. Rye. the street is
good enough for me- Then he waved his
right hand at Canty. He had something in
IL. something bright 1t might have been
his eyeglasses Mr.. Rye said to Mr.. Canty:
I'm going to follow you everywhere
and blackguard you every time / see YOU
Mr.. Canty turned white in the face and
went back into Mr.. Brooks office. Mr..
Rye went down the street toward Lose
kam's with Col. Ayres. and then came back
and went over to the Ebbitt House.
In reply TO further questions Witness
Burke said Rye had something bright in
his hand but he couldn't tell what it was
Mr. Rye seemed to be in very angry
mood
He didn't seem to be anxious about any
money. He looked like he wanted trouble :"
Mr.. Davis Objects.
There was instant objection to this by
Mr.. Davis. and a long discussion followed
whether the impression of the witness
should be admitted
Judge Cole decided that the impression
made upon the witness by Rye's manner at
that time should be admitted, as it was en-