The Washington herald., 1908-06-03

I
no fear"
Speaks for the Defense.
Attorney A. A. Hoehling spoke for the
defense. He said. in part:
"Macaboy was feet ~ inches in
height and weighed 200 pounds. as the
coroner told you when he testified as to
the autopsy performed. He was a verita-
bic giant, and as witnesses have told
you. he used his giants strength. Philip
is 6 feet 1 inch tall. and ct the time OF
this affair weighed $50 pounds, which was
twenty pounds of his weight on account
Of Illness"
Mr.. Hoehling detailed the movements Of
the men in the early morning hours of
May IS. OF the craps game in Hagerty's.
and OF Macaboy's constan- demand fol-
lowing this for $50. which Philip did not
owe him. Mr.. Hoehling said the cabman
finally became so menacing that Philip
believed he was In danger Of an assault
and became convinced the cabman was In
a different and more dangerous humor
than he had ever seen him when he pre-
vented him from entering 1855 Chic ave
nue., OF tried to drag him in the vestibule
there to get him alone Mr. Hoehling
called attention 20 the declarations by
Macaboy to the clerks at the Arlington
Hotel. that he had shot himself and
later said Philip had shot him.
'Of course. we do not contend that
MacabOy shot himself. but these state
ments show that he was conscious that
he was In the wrong and this was
recognition that he was in the wrong.
Attorney HOehling said that when the
two men met in the hotel corridor. philip
became convinced Macaboy would carry
out his threats made in the earlier hours
OF the morning. and when he was violent
ly seized and a demand was made that
he give up $50 or have his head kicked
of IN his weakened condition, he knew
he was no match for the powerful cab
man. When he fired the shot he was
about to lose his balance. and he had a
moral fear he would have his head
kicked 70 a jelly. so he fired in self
defense. Mr. Hoehling declared there was
no fabrication in the story told. and it
was a truthful narrative of what oc-
CURED in the corridor.
Attorney Henry E. Davis. in closing
for the defense, made an able argument.
and seemed 10 impress the jury. He out
lined the case. and said Mr. HoehIing
had shown Philip had fred in self-6e-
Tense. He said that when he had fin
ished and the jury had listened 20 the
governments summing UP and the judges
charge. they would have no doubt but
that when the shot was fired Philip was
In imminent danger OF great bodily in
jury
Il make no defense for CASTOR Philips
conduct In support Of the revelry of that
night. l do not stand here as an apol-
ogist, or even as an eXcuser Of that kind
of dOings. But we are not trying him
for that. We are trying him for taking
a brother-mans life.
we must deal with these men from
the events Of that morning. Macaboy
thrust himself on the company OF CASTOR
Philip that morning before 1 o'clock He
entered party 90 which he had not been
invited. He was aggressive. offensive. and
disagreeable, and in the face of an invi-
tation to leave he stayed. From that
time on his attitude of intrusion, ag-
gression, Of forcing himself on Philip
continued. and he was in the manifesto
ton and display of this identical spirit
when the fash of Philips pistol brought
him the warning that he had gone too
far.
Conduct Of MncabOy.