Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-29
,ou will discover is vital in the game of

you will discover is vital in the game o
craps.
Il will leave it to the jury to decid
whether Macaboy experienced his mrs
winnings over Philip before the bartende
took his crooked dice. and whether
was not after the straight dice came int
play that Philip not only won back all tn
money he had lost to Macaboy. but ais
got into Macaboy's diamond scarfpin t
the extent of $50
Macaboy's Claim Of Debt.
''Macaboy wanted Philip to continue
throwing against the pin. saying at hrst
it was worth 500. and again that it was
worth S6oO Philip replied: No, it is
not worth that much
Thinking he had won the pin. he picke'
It UP and sought to put 1t in his scarf or
IN his coat lapel. but Macaboy said: II
has peculiar clasp on the back Let me
show you With that he took the pin
and put it in his pocket
.Proba bly, no one but Macaboy knew
by what process of reasoning he was
enabled to argue from that point that
Philip owed him $3.50 The fact remain:
that he suddenly asserted that Phllp
did owe him that amount. We VIII sho"
that through all the rest of the morning
about the debt and declaring he would
have the money.
Mingled with his conversation we're
frequent outbreaks of profanity and
threats of bodily harm against Philip.
More than once Macaboy abused PhiliI
around All the time he was trying to
force Philip to throw the dice again.
LAS it has been testified. Philip and
Macaboy and Taylor left the Arlington
Hotel together shortly before O'CLOCK
Philip TO go TO the house of Hazel Davis
ard then 10 put his automobile at the
service Of Macaboy and Taylor to be
taken wherever they desired. But when
Philip went TO the door or The mouse
Macaboy followed him. renewed his de-
mands for the $50 and grabbed PhiliI
by the arm.
Philip Tried to Run Away.
"Philip thereupon changed his mind
about going into the Ohio avenue house.
Turning quickly. he walked down the
path, jumped into the car and. with the
hope of escaping from the undesirable as
sociation. ordered the chauffeur. Opdyke,
to go to the hotel as fast as he could
But Macaboy pursued the car. leaped
onto the running board and climbed into
the tonneau. saying, as he did so: 'Yo1
drunken slob. you thought you
would run away from me. didn't you.
But I'm here. and I want that $50 !"
Coming to the critical point of his story
Mr.. Davis declared 1t would be proved
that when the automobile drew up IN
front of the hotel at about 6:4o o clock
and Philip jumped out to go to his room
Macaboy called after him: 1 am gong
down to the New Willard
I'VE will show" Mr.. Davis continued
that Philip went to his room and then
decided he would go once more to the
Villa Flora Club. where he had peer
early the afternoon before. He naturally
had the thought he might run into Maca-
boy somewhere on the street
Macaboy, as you have, been told, was q
giant. six feet four and One-half inches
tall. and with hardened muscles due to
the invigorating outdoor life OF a cab
man. Mr.. Philip was a man of leisure
He was no match for Macaboy If the lat
ter should determine to use his physical
superiority. Surely IL Macaboy's threats
counted for anything it was evident he
might assault Philip at any moment.
But this defendant I'D no thought Of
an immediate meeting with Macaboy, be.
cause the latter had said he was going
to another hotel Yet Philip had not re-
turned as far as the elevator shaft when
he met Macaboy coming toward his
room.
Circumstances of the Tragedy.
The cabman accosted him with an
oath, and demanded to know where he
was going. I'm going out. Mr.. Philip re-
piled. No you are not answered Maca-
boy, you are too drunk. And with that
he grabbed Mr.. Philip and twisted him
round SO he was backed up against the
balustl ade.
When he left his room Mr.. Philip had
armed himself with the revolver which
has been shown T. evidence here. AS
have illustrated. it -vas surely necessary
because Macaboy hsd not only threat
ened Mr.. Philip. bu. ne had heaped per.
sonal abuse upon him.
And yet, when he saw Macaboy ap
preaching down the hall. 1t is proved
Mr.. Philip had no intention or desire te
shoot or to kill him. He did not draw the
revolver from HIS side coat pocket. 1t had
been plainly indicated In the testimony
even after Macaboy had grabbed Philip.
and they were scuf1ing in the hallway
Philip asked the cab man to Stop that
1T was only when there seemed im.ni-
nent danger that Macaboy would over
whelm him. and possibly injure him Sc
riously. that Mr.. Philip drew the weapon
and snapped II once.
He had heard about Macaboy's favor
lite method of fighting. method the cab.
man had often boasted about-that he
liked to knock a man down and then
give him the leather or in other words
to kick him in the head.
And so. when Mr. Philip snapped the
revolver once and backed away, his Who'll,
thought was self-defens~ There is M
law which forbids any NH from defend
ing himself from imminent bodily harm
from another"
First Witness for Defense.
Carrying out the line of defense as fore
casted by Mr.. Davis. the first witness
David Smith. cabman. testified tina
Macaboy tried to borrow money early Ii
the evening before the shooting.
Il met Macaboy on the street and h
asked me for loan" said Smith. blu
told him had no money. To this Mac
alloy replied: oh -. Didn't you just vii
drink
'Macaboy also said: I will see Phil
some time tonight and then I will hav
money
Questioned on the point OF Macaboy'
reputation as to peace and good order o
quarrelsomeness. Smith said:
TT was very bad. He was a ba
fighter"
George F. Smith. colored. another cab
man. said he was standing in front of tn
house 1909 G street about O'Clock 4
the morning of May IS. He described tn
arrival of the party. including Philir
Taylor. Minetree and the two women. a
1901 street. and the subsequent appear
ance of Macahoy from 1909 C. street an,
his entrance into 1907.
Witness noticed scuffie between Phil
and Macaboy as the group was leavin
the house. He heard Philip say: Don
do that or stop that"
Smith also stated Macaboy's reputation
was bad. He was known as flghte
and bully" he said.
Minetree Gives Evidence.
John E Minetree oP ITO S@r..,