The Washington herald., 1907-05-21
JURY HOLDS PHILIP
Must Answer for the Death
of Frank MacabOy.
SELF-DEFENSE TO BE PLEA
Elevator Man Testifies Cabman
Took Hold of Accused Before shot
Was Fired-Dr. l.. w. Glazebrook
Describes Dead Man as Physical
Giant-FuneraI Services To-day.

Before a coroner's jury yesterday after
noon. by which CASTOR p. Philip
wealthy. and a member of. well-known
family. was held for the grand jury for
the death OF Frank Macaboy, cabman'
it developed that Philips attorneys Will
probably plead self-defense. This was
made evident by the introduction OF the
testimony Of the autopsy surgeon, show
ing the great strength and height OF Mac
aboy. and by the testimony of an elevator
man.
When the two men met in the hallway
on the fifth floor Of the Arlington early
Saturday morning. William A. Grlssett,
who ran the elevator, said there was a
coldness between Macaboy and Philips.
The cabman took hold Of the arm Of
Philip, objecting to his going out again.
There were other words the witness did
not hear.
Don't do that" Philip said to Maca-
boy The shot followed.
Just prior TO the closing Of the hearing,
Or. L. ". Glazebrook told of the autopsy
on the body Of Macaboy. He neglected
to state the height and weight Of the
dead man.
You did not say what the man weigh
ed nor his height" said A. a. Hoehling,
attorney for Phillip, to the autopsy
surgeon. "Wil you kindly do so?''
"Macaboy was a man feet 4 inches
and a fraction in height He weighed be
tween 2l5 and o2O pounds" replied Or.
Glazebrook.
At this juncture Mr.. Hoehling was asked
by Coroner hewitt if he desired his client
to make any statement. He replied that
he did not
Elevator Man Tcstifies.
William a. Grissett the elevator man.
took the two principals TO the fifth floor
in an elevator. Philip and two men. who
were unknown to him. came into the
hotel at an early hour. One Of the men.
who afterward developed 70 be Macaboy,
suggested that the trio have a drink, and
they all disappeared
1.-The next / saw of any Of them" said
the witness. was when Mr. Philip ap-
peared AT the elevator. He got I'm and
closed the door As I started. l heard
a whistle. / rc0pened the door 10 see
who was going up II was Macaboy.
I'm going mp. too he said.
Philip shook his head, and left the
elevator The two disappeared Later
Philip got in and I took him to his floor
He asked me to wait for him, saying he
was going down I'm "A minute
while waiting the bell rang. and ]
took the elevator down 70 the ground floor
II was Macaboy who had rung the bell
took him up and he asked the direction
Of Philips room | told him lie went
down the han. I walked TO the turn in
the hall to see II Mr.. Philip was ap-
preaching 70 go downstairs lie had asked
me TO wait.
L saw the two meet in the hallway
M4cahoy took hold Of Philip, saying
Where are You going?
I'm going out" replied Philip 10 IN.
cabman. according to the witness.
Hncaboy Grasps Philip.
Continuing, Grissett said that Macaboy
graspcd the arm of his companion tightly
This was followed by a mumhled con.
yersation between the pair that the eleva-
tor man could not hear Then he heard
! Philip say. Don't do that" and the shor
/ followed almost Immediately
Grissett returned to the elevator anC
hurried 10 the office. where he told tn,
clerk that there had been a shootine
affair between Philip and Macaboy OF
the fifth floor.
/ Assistant District Attorney Turner Ques
toned the witness as TO why he had gon,
downstairs instead OF offering assistanc,
to the man who had been shot down. II,
| explained that he thought it his duty {,
notify the Office.
James Brest. clerk at the hotel, told o
! his connection with the case. having gon,
/ to the fifth floor when told there had beer
! a shooting. He saw Philip bending owe
/ the form of Macaboy on the floor. II
asked the injured man what was the mat
/ ter
He shot me. I shot myself" the Wit
/ ness said Macaboy had stated 10 him.
/ He advised Philip to go to his room, an,
/ later found a revolver IN his pocket
John A. Heath, the night clerk, testified
/ His story was practically the same a
that of Brest. When Heath reached Mac
aboy he was apparently in great agony.
Begs to he Killed.
Kill me; kin me; you don't know how
I am suffering" Heath testified that Mac
aboy had exclaimed to him. The wounded
man was asked what the trouble ha,
been.
4 shot myself No. he shot me" Maca
boy said. He shot me for nothing"
Policeman Martin Riley, Sergt. Evans
both of the Third precinct; Detectiv
Sergt Frank Helan, and DIR. D. R. John
son were other witnesses, telling Of thei
! connection with the case.
Castor Philip was accompanied to tn
morgue to attend the inquest by hi
! brother. j. Van Ness Philip, and his at
| tornev. He was attired in light gra-
suit Sitting erect in his chair, he dit
not seem nervous in the least, and pai,
/ particular attention to the testimon.
/ given by the different witnesses. Hi
eyes we're clear. and although his appear
ance was somewhat haggard, he did no
/ look the dissipated man that he has beel
pictured since the shooting on Saturday.
The coroner's jury was out only a few
minutes, when it returned its verdict
/ holding Philip for the action of tn
grand jury for the death of Macaboy
| Later, Philip was returned TO the Distric
Jail
After the hearing. Capt. Philip said tha
/ he was not prepared to give out a state