The Washington herald., 1908-05-29

OpdylSe said he recalled some 'cusslng."
but did not recall this exact expression.
DR.. Glazebrook, deputy coroner, sue
ceeded Opdyke on the stand and testified
as 20 the autopsy he performed on Mac
aboy on May %. two days after the shoot
ing He said Macaboy weighed about 22O
pounds. was feet inches tail, and
muscular
Dr. V. s. Jackson, the physician who
was summoned TO the hotel, and DR.
Charles w. White, superintendent of
Emergency Hospital also took the stand.
BY far the most important testimony
Of the day for the defense was that
given by William Grissette, elevator con-
ductor at the Arlington
A little after O'Clock. Grissette tes-
tilted, Philip came to the elevator and
stepped In, and, before the elevator
could be stlrted. Macaboy came up and
entered. Where are you going?"
asked Macaboy. II am not going any
where" replied Philip who then stepped
out OF the elevator. followed BIZ Maca-
boy, and left the hotel
In about half an hour Philip came
back. Grisette continued, and said 10
him
Carry me up to my floor and walt
for me-"
Goes to Fifth Floor.
He took him to the fifth floor, and,
while waiting for him. the bell rang.
and, going TO the first floor. he found
Macaboy. Macaboy wanted to go up 10
Philips" floor. and asked him to direct
him TO Philips room. No, 475 In front of
Room 14S they met Philip. Grisette said.
'Macahoy said to Philip. Where are
you going? and Philip said. I am going
out No, you're not said Macaboy;
you're too drunk
I know what / am doing l am going
out replied Philip
'MaCabOy caught Philip by the arm.
They were then AT the head OF the steps
The last saw OF them he had his hand
on Philips shoulder. and I heard mum
bling words. l also heard. as l went back
to the elevator. sounds like blows being
struck, and a scraping. scuffiing sound.
The next thing / heard was a shot"
GTissette said he Immediately went 10
the first floor and informed the night
clerk Of the shot and Of the presence of
the two men.
Attorney Davis then took the witness IN
hand for cross-examination, and devel-
oped the fact that Macaboy had both
hands on Philips shoulders, and he called
the. witness from the stand TO illustrate.
Grissette grasped Mr. Davis firmly by
both shoulders and wheeled him around.
Philips back was then resting against
the banister. was II nOt?"
Yes, sir" replied the witness
did you hear Philip say. DON'T do
that?'"
Yes. sir; did" admitted the witness.
Clerk Finds Revolver.
James o. Brest. night clerk at the Ar
lington, was the next witness.
He and the other clerk. Heath. told OF
finding the two men and the revolver.
which contained only one empty shell.
They ordered Philip 10 his room
Policeman Martin Reilly told Of placing
Philip under arrest. Reilly searched
Philip at the station, where he was taken,
and he had Si and rwo watches and a
charm.
Reilly said that when he searched Phiiip
he found one empty and one loaded car
fridge in his pocket.
Sergt. Evans. when called to the stand.
coToborated Reiliy's testimony. He re-
ferred to a statement made by Macaboy
as he was removed from the hotel on a
stretcheT
On examination Mr.. Davis refresh
ed the sergeant's memory by testimony
he gave at the corOner's Inquest. At the
inquest, the sergeant testified that he said
TO Macaboy: You don't mean 10 say
that he shot you in cold bloodY' and
Macaboy said TO him: I'VE went 10 the
hotel together and Philip was about four
doors ahead Of ne when he went into
room No. 30 As l got to the door, Philip
was coming out. and he said to me. Come
In and have a drink I said I don't care
for drink He pulled a gun. and said
Don't shoot me-" The sergeant admitted
this was his testimony at the inquest
Not Near Philips Room.
According 20 Clerk Brest's testimony,
Macaboy was found more than hundred
feet from the door of Philips room.
Policeman Thomas z. Welch was called
10 the stand. and he testified that he went
to the Arlington Hotel. following the
and found near where Maeaboy
had been lying an empty and a loaded
shell. This was q contradiction of the
testimony OF officer Reilly, who testi-
fed that he had taken the shells from
Philips pocket and had identified them
The statements of the two are further
at variance, as Reilly only located two
shells, one loaded and the other unload
ed, while Welch located three, and these
three were identified by Reilly.
Detective Frank Helan said he went 90
the Arlington Hotel on the morning of
May Is. lie arrived just as Macaboy
was being carried out on a stretcher.
Il called him by name" said Helan.
and he shook hands with me- and told
me he was going to die, and said he
pitied his poor mother. He said he did
not know what she would do. / told
him did not think he would die. asked
him, Who shot your and he said, Gas |
on Philip 1 asked, Why did he do it7' |
He asked NE to have a drink with him, |
md 1 refused He owed me $50. and |
went up TO collect IT."
Pratt Js Last Witness.
Detective Pratt was the last witness
of the day In reply to questions by |
Assistant District Attorney Mcnamara. |
he said that he was sent with Assist |
mt District Attorney Hugh Taggart, to |
AXE the ante-mortem statement of |
AIacaboy
Il found Macaboy In great pain" said /
Pratt. 1T was about or o'clock He |
aid TO me. oh, Mr.. Pratt, I am going /
o die. l have had a dirty trick done me.
have been shot like a dog
II asked him, Who shot your He said.
Castor Philip why did he shoot your
He asked me to go to his room and have,
drink with him and 1 said what in
he h do you want to go 70 your room
nd drink for?"'
He said he was shot while IN the hall
gay. The gun was in Philips right hand
oat pocket. Macaboy said, and when
'hilip pulled it, Macaboy said TO him /
Don't shoot Phil and Philip said to him.
Yes, l will shoot you. even II have to |
boot myself Macaboy said they were
\ the hall for about four minutes. There
vas no argument. ne said"
The trial will be continued this morning.
ANXIOUS TO ABANDON FIGHT.