The Washington herald., 1908-05-30
PHILIPS DEFENSE
GIVEN TO JURORS
Continued from Page One.

Continued from Page One.
he came back he heard Macaboy say: |
Il am 81 in that So" Carroll said he
objected to the men playing. and stopped
them. He was again called into the back
room. and when he returned Philip was
In the game. and he again stopped them,
and told them they would have TO quit
| IT, He was called into the back room
| third time to serve a drink. and when
he came back they were still playing,
and ne grabbed the dice and put them in
his pocket
Heard Dice Playing,
Philip then went into the back room.
and Macaboy followed hims The next
thing 1 heard was the sound of dice play
/ ing in the back room. and / heard Maca-
boy said: Philip. give me those dice TO
which Philip replied he did not have them.
Macaboy then called him liar. I then
went back. and said TO him: You know
that man hasn't your dice. and what's the
use Of picking a fight with him. I've got
your dice, and ! returned them 10 him.
! 7 left the room, and OpdylIe. the chauf-
feur, came to me and told me that Maca-
|
back room and said 70 Macaboy: You
give that man his ring back Macaboy
said: I will when he gives me l50.' l
told Macaboy he had better give the ring
back to avoid getting into serious
| trouble"
Carroll said that Philip got Up and
started 10 go TO the door. but Macaboy
stood in the doorway, and would not let
him out. Philip. ne said. returned and
sat down with a disguised look on his
face.
At this point Attorney Davis asked the
witness il he understood the game of
craps. Carroll said he did, but was not an
expert.
Mr.. Davis then handed Carroll two
pairs Of dice, and asked him 10 describe
them After examining them for mo-
ment the witness picked up one pair.
and said:
These are bad
What do you mean by that?'' asked
Mr.. Davis.
We'll" said the witness. there are no
twos, fours. or skies on them"
After examining the other pair. the
witness said they were all right. Carroll
then described the game Of craps.
George W. Taylor, otherwise known as
| Buck" Taylor. who went 10 Hagerty's
saloon with Philip and Macaboy, was
the next witness. He said he was I'm the
government service. and had known Phil
ip for seven years. Taylor was also at
1907 c street when Macaboy arrived. He
described Macaboy's entrance as "butting
in" Taylor corroborated C7rrOlrs testi-
mOnv. and said that when MaCabOy first
produced the dice he told him to put
them away, as the bartender would OBJ
ject.
Scene In a saloon.
"Macaboy told me not to butt in and
went TO the other end Of the bar, and
tsey set to shooting dice. Finally, Philip
came up to me and put s12 On the bar
and said, You shoot for me. I am not
lucky To please him, I agreed to play,
although 1 did not understand the game,
} and Philip was to tell me If I won.
Macaboy threw. and then said. I win
and grabbed the SO bill"
He recalled seeing Macaboys diamond
pin on the floor, and of Macaboy snatch
ing it from Philips hand. and he also
heard Macaboy curse Philip, and say
Il will knock your head on
Taylor said Macaboy used similar Ian
guage TO him, and added, IF it had not
been for you would get 500 from this
guy"
Taylor said Macaboys demeanor was
offensive and insOlent, and sometimes
threatening. He said he wanted to warn
Philip that Macaboy was in a dangerous
mood but Macaboy stuck so close TO
, Philip he could not do so without Maca-
boy overhearing.
II did not warn him." said Taylor, on
cross-examination by Mr.. Turner. be
| I I gaf Hcl
: ing if 1 did" Taylor is a middle-aged
man. weighing about 100 pounds.
3 Samuel F. Cook. on May is. 1907, driver
of a bakery wagon, was the next witness.
He said that on the morning of May IS
he was delivering bread at Norris sa-
loon. and heard Macaboy several times
threaten to assault Philip, Taylor, and
l others, and using foul and profane Lam
guage When Quinn, the bartender. tried
TO quiet MacabOy, he said he threatened
, 10 whip Quinn Macaboy, he said. was
talking about a craps game.
George W. Quinn. bartender at Norris,
I Twelfth and Z streets, said on the morn
ing Of May Is Macaboy, Philip, and Tay-
: Tor came in, and Philip ordered a drink
for the party, for which he paid.
when Philip paid for the drink. he
moved away from Macaboy. and. holding
his hand over his roll. he peeled Off a
= bill and handed II TO me. Macaboy came
5 toward him and grabbed for the money
l. and Philip said: Don't do anything like
: that. Macaboy said: i will get that
money. you rum-dumb. or l will knock
your head of
His Method of Fighting.
Did Macaboy ever communicate to you
| his method of ighting?' Mr.. Davis asked
the witness.
Yes" replied the witness.
Did you ever communicate what ht
, told you 20 PhHip?'
Il did"
Tell the jury what he told you"
; ''He said that when he knocked any one
/. down he put the leather TO them; that Is
he would kick him In the head"
How did you come to tell Philip this?'
Philip had told me of a friend OF hi.
! who had some trouble with Macaboy, anc