The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-10
CONTINUED FROM PAGE ONE.

/ CONTINUED PROM PAGE ONE.
in the present case Mr.. Baker objected
! TO this amount stating that Philip was
! possessed Of ample means. and he sug-
/ gested that the sum OF $4,000 be fixed
Justice Wright decided that $1,000 would
/ be sufficient
when the papers releasing the prisoner
/ had been signed. both he and his brother,
Capt. Van Ness Philip. left the court, ac-
/ companied by Mr.. Davis and Mr.. Hoehl-
/ ing, and went 10 Mr.. Davis office II is
stated that Philip Will spend the re-
maindeT Of the summer, and until called
/ for trial next fall. at his country place.
/ near Cloverneck. y. Y
Plea of SeIf-defense,
The afidavits fled by Attorney Davis
seem 10 Indicate clearly that self-defense
viii be Philips plea David Smith. cab
man. stated in the affidavit that, prior to
May IS. he knew both Macaboy and
philip. and that on the evening Of May
Il he was approached by Macaboy and
asked if he had any money, saying that
Re wanted to buy drink. He added.
Smith states: Il will see Philip after a
I y tAAiN emu 81 SUM- AilbAtF- Lee ali
davit ends, that Macaboy's reputation
as a fighter was bad. to atlantis knowl-
edge"
William Carroll, a bartender at Hag-
gerty's saloon. corner Of Fourteenth and
3 streets. where MscabOy Philip. Buck
Taylor. and Chauffeur Opdyke spent con-
siderable time early the morning Of May
IS. in his affidavit declared that Philip,
Macaboy. and man named Taylor came
into the bar about 40 a. m. Macaboy
ordered a bottle OF wine The wine was
served. and Philip paid for H. While
waiting on some other customers. Carroll
said, he heard Macaboy and Philip talk
ing, Maeaboy insisting that Philip Shoot"
dice with him.
Declines to Play Dice.
Philip declined TO play. states Carroll.
and Macaboy kept after him. nagging
him. and pulled out the dice and began
shooting them on the bar The bar
tender stopped Maceboy. and the latter.
with Philip and Taylor, went into a back
room. When he went in there later.
Mscaboy was still insisting on Philip
shaking the dice with him. He heard
Philip say: Don't bother me. don't
want to shoot dice. Here. Buck. you
shoot"
He left the room. and when he re-
turned to expostulate with Macaboy for
shooting the dice on the table. he heard
Macaboy say; Il am 50 in that SIC" The
bartender told MacabOy ne would have
TO stop playing. as 1t was not permitted
Macaboy got angry and cursed him, also
cursing Taylor,
MRcabOy Abuses Philip.
The bartender left the room and heard
Macaboy say 10 Philip: You have got
my dice. Give me my dice" Philip de-
MED II. whereupon Macaboy said: You're
q liar" Carroll states he went back and
said 10 Macaboy: I've got your dice
You saw me pick them up What is the
use OF your picking a fight with this
mani"
Macaboy cursed him again, he said,
when he handed the dice back. Philip
then went TO the door to go out on the
street, but Macaboy ran TO the door and
by holding 1t prevented Philip from going
10 his automobile. Philip. Carroll claims,
returned with a Disguised look. and sat
down for about twenty-five minutes.
Chauffeur Opdyke came into the saloon
some time after the others and went into
the back room, and when Carroll returned
after waiting on some customers, Opdyke
said: Carroll, he has grabbed Philips
ring"
Carroll states he said to Macaboy:
Don't you take that mans ring. Give
piled:
L viii give It back if ne gives me sl50l
for it" There was an argument over the
ring, in the course of which Macaboy
said he did not care If Philip did report
bartender states:
Il never squealed in my life, but I am
going TO squeal this time"
Follows Philip 10 Auto.
Macaboy followed Philip and Taylor
to the automobile, and, after the two lat
ter were seated, stepped over Philip and
sat beside him. The bartender SAYS that
he insisted that Macaboy return the ring.
but Macaboy cursed him. and told him
that unless he shut up there would be
trouble
The bartenders affidavit ends by stat
Ing that Macaboy was in an ugly mood |
but that Philip. all the while he was in 1
the saloon. did not show particle of i'll /
temper.
George w. Quinn, a bartender at Nor
ris', corner Of Twelfth and E streets in /
the course Of his affidavit, decl-res that /
Opdyke. Philip, Taylor, and Macaboy /
came into the saloon early on the morn I
ing Of the 18th, and when Philip pulled /
out a roll of bills to pay for the drinks. 1
Macaboy grabbed for the roll. Philip 4
irew the roll out Of the claimants reach. |
saying: That don't go" He said an ar /
gument followed over some game of I
craps in the course of which Macaboy /
claimed that Philip owed him $50. and /
,alled the latter a vile name, adding:
If you don't give me that money I am /
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