The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-10
PHILIPS Side GIVEN
Slayer of Frank B. MacabOy
RegainS Liberty on Bail.
WILL PLEAD SELF-DEFENSE
AfhdaVits Presented I'm Court Set
Forth Details in Events Leading Up
10 Shooting - Witnesses Declare
Dead Man Announced Intention of
Securing Money from Victim.


Through numerous afidavits presented
10 the court at the proceedings yester-
day before Judge Wright which resulted
in the release Of CASTOR P. Philip on
$1,000 bail. It became evident that when
the clubman is placed on trial next faH
for killing Frank B. Macaboy in the
Arlington Hotel, May IS. he viii set I'D
the plea Of self-defense
In these affidayits are set forth in
minute detail the events OF the night that
led up TO the shooting. According 10 the
sworn statements OF various witnesses.
Macaboy made no ooncealment OF the
fact that he was seeking 10 make Philip
his financial victim. on the theory that
II he (Macaboy) did not get the money
some one else would
Furthermore. It is especially set forth
that on the night Of the shooting 8faca-
boy was in q quarrelsome mood. and had
threatened Philip. and that the latter
had tried to get rid of Macaboy's pres
ence, but the cabman clung to him.
jumping into the automobile without IN
vitatiOn. and otherwise making himself
thoroughly obnoxious TO its occupants.
These affldavits were secured by Phil
fps attorneys, Mr.. Davis and A A.
Hoehling, in anticipation Of the district
attorney insisting that evidence should
be produced to show that there was some
good reason why Philip should be admit
ted to bail The afldavits Indicate clear
" that. when tried. a plea OF self-defense
viii be offered.
Fourth Case on Record.
This is the fourth time in the history
Of courts in Washington that a person
thus charged has been released on bond.
In granting the motion for Philips re-
lease. Justice Wright said:
I see no more reason why a man
should not be admitted to bail when
charged with first degree murder than
when indicted for burglary
Philip appeared IN court in a gray suit,
and carried q straw hat. He appeared to
be in perfect health. He was accom-
panied by his brother, Capt. J. Van Ness
Philip.
After Philip had entered his plea of not
guilty, Attorney Henry e Davis for
mally moved that his client be admitted
to bail. District Attorney Baker opposed
the motion, and read several cases in
which bail has been refused, stating that
the records Of his Office showed but three
cases in which men charged with murder
had been admitted TO bail while awaiting
trial, In these cases. he said, il had
been shown that the persons charged
were IN I'll health. lie said il was neces-
sary to show some extraordinary reason
why a court should exercise the disCre-
ton vested in it by statute and that
In capital cases the court should require
evidence to show that an extraordinary
condition Of affairs existed which would
warrant release while awaiting trial.
Mr.. Davis accompanied his motion with
the affidavits already referred TO.
Bail Fixed at $4,000.
Justice Wright, upon the completion Of
Mr.. Bakers objections, said that he would
admit Philip to bail, and asked Mr.. Davis
as to what amount would be furnished.
The latter replied that in the case Of
Frank X Ward. the amount Of the bond
was S25. 900: IN the Kincaid case. $4,000.
and in the case of Robert Williams.
Si00C0, and that he would suggest S25.OO0
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