Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-05-20
STORY OF WITNESSES
Trial of Dennis Canty for Murder Of
George Rye.
FREQUENT COLLOQUIES OF COUNSEL
Evidence Concerning Rye's Alleged
Possession of Knife.
ROGRESS OF THE CASE

| The fifth day of the trial Of Dennis ].
| Canty, charged with the murder of George
! w. Rye in March last, began at 10 O'Clock
| this morning in Criminal Court No. 1, be-
| fore Justice Cole Canty. as usual, sat be-
| hind his counsel. with his former partner,
| W. ii. Van Sender. on his left. Near him
also sat his devoted wife. He preserved
| the same calm and collected demeanor that
| has characterized him ever since the I'M
| fortunate tragedy occurred. and followed
cicsely every word of witnesses and coun-
sci.
The exclusion of the general public was
| appreciated by those whose duties COM
| PEELED their attendance at the trial, the out
| side warmth not being materially felt in the
court room which would have been other
! wise almost unbearable had the usual
crowd attended.
When court convened Judge Cole directed
| the recall of Witness Rhodes, and stated
that ne believed it would be proper to ad-
NIT that portion of Rhodes testimony
showing what CAVITY said Immediately after
| the shooting, it would tend to show that
the defendant did not contemplate flight.
lie directed MIR. Worthington to ask wit
ness what Canty said after somebody had
said. Don't let him get away
Mr. Worthington therefore asked Rhodes
what Canty had replied to that remark.
His answer was:
"Canty said: I'm not going to try to get
away" ~ eSs
District Attorney Davis objected to wit
ness stating what Canty said in addition to
this. Judge Cole supported this. but al
io"eu the statement to be made a part Of
the record.
Mr. Rhodes was then excused and thu
nst OF witnesses read When the name Of
Leslie Russell was called. and no answer
was given. MIR. Davis stated that the Wi.
ness had not been present yesterday or to-
| day. and asked that an attachment be is
| SUED TOT him. Judge Cole directed that this
| be done.
First Witness of the Day
Inc hrst witness called was William A..
freeman, a coiored barber of 1907 NJ street
northwest. The witness appeared with a
toothpick in his mouth. and was sworn
with 1t there. 1t was removed at request.
| Freeman is employed at Henry Wilson's
barber shop, IUS 18th street northwest in
the immediate rear of the Wyatt building.
witness hrst saw Canty about five minutes
SeioIe - clock He was by himself in
front OF the barber shop. A Few moments
aiterward he was Joined by Mr.. Pierre
aSSarnan. Mr.. Waggaman left Canty
ana got in vehicle and drove south on
lith street. Canty walked down tie nave
ment in the direction of + street
witness went into the shop and heard a
sfet, he ran out and saw Mr.. Canty stand
ing oet"eeh the electric light pole and the
nali-boX pole shooting toward the E,hbitt
House. There was a gentleman in the mid :
uie OF the street with frock coat on and a
beaver hat. One shot was fired before wit
ne IS saw the parties. Then two shots were
M ed in quick succession When witness
first caught sight of Mr.. Rye he was stand
ing with his hands up, his right side to-
ward Canty. Then he turned facing Can
", with his hands still up in the air He
cried, Murder, MurGerr' Witness stated
IL han ok arl
SLOWLY, witness reaching him in time to
place his arm under Rye's head and let
MIN down easy On the pavement. Witness
was the first to reach Rye, and then three
oiher men ran UP. Witness said to the
others: '
Come: lets take him to the drug store"
The witness and the others then carried
MIN 10 the drug store.
when Rye's body was lifted up witness
heard something fall on the pavement and
remarked that something dropped. Did not
see what Il was. but heard somebody say
Let it alone" Witness held Rye's head
In TIE drug store until he died.
MI NorthinSton croSs-examined Free
man. Freeman admitted having refused to
make any statement to Mr.. Worthington
when request ID to do a few days after
the shooting. and thereafter did so at The
direction of Mr.. Davis. When witness first
saw Canty, Lawrence Johnson and Thomas
Fry, both BARRIERS in Wilson's shop were
with witness on the sidewalk. Mr.. Worth
with view of rebuttng Freeman's testi-
mony by subsequent witnesses.
In reply to further questions, witness
SAID something struck witness foot when
Rye'S body was lifted up. He told that to
District Attorney Davis few days after
the shooting.
Witnessed the Third Shot.
Leonard H. Mattlngly. son of Inspector
Mattingly, of 1875 5th street northwest.
was next sworn and examined by Mr.. Shil-
l.ngton. He was going east on F street
north side. in front of DIR. Stones house.
when he heard a shot. He turned and
while turning another shot was fired. Saw
CAVITY fire the third shot. Rye was then
approximately twenty feet from CAVITY in
the street and in a southeasterly direction
from Canty. When the fourth shot was
fired Rye had turned.
Protest Against Objections
Mr.. Worthington having objected to
question of MIR. Shillington's about how
Rye was holding his hands as leading, Mr..
Davis arose and said there was tendency
to interject objections of no standing, and
he proposed TO stop it.
You won't stop 1t for u.s." remarked Mr..
Worthington emphaticalIy.
Mr. Davis then produced a book and said
he would show by unquestioned authority
that the judge in his discretion could allow
leading questions to be asked.
Il will read from Jones'" began Mr.
Davis.
He swears by JONES'" remarked Mr..
Worthington, soto voce. to Mr.. Wilson,
Mr.. Davis, after reading his authorities,
claimed the objections of Mr. Worthington
were not well founded, as there was no de-
NAL of the fact that Canty had fired the
shots that killed Rye, and that he wanted
to protest against further Interruptions.
Mr.. Worthington, replying sarcastically
thanked Professor: Davis, as he called
him. for his valuable instruction. and then
stated that while the killing of Rye by
CAVITY was admitted. 1t was a very i'm
pOrtant question about the position of Rye's
hands. or what, II anything. was In them
The defense would show that Rye had a
deadly weapon in his HAND; that it was
open, ready for business.
Mr. Worth.ngton having said he regarded
the course being pursued in asking leading
questions a raw departure, Mr.. Davis
arose and stated that he regarded the char
acterization, "a Few departure" as an Of
feEsiys inSinuation.
There was expectation evident among ths
hat L..