The Washington herald., 1908-05-26

Castor P. Philip. civil engineer. club
man, man-abOut-tOwn, and scion OF an
aristocratic New York family. was yes
terday placed on trial for his life in
Criminal Court No. 2. charged with the
murder on May is. 1907, Of Frank B.
Macaboy. a cabman. An hour before the
trial started the courtroom was filed by
spectators. many OF them friends Of the
accused and the dead man. and when
Justice Barnard took his seat on The
bench. not another person could have
found space in the room.
The regular panel Of twenty-six tales
men was exhausted by u:30. when court
adjourned. preceding which Justice Bar
nard ordered an extra panel Of fifty
talesmen summoned. 10 be in court this
morning.
Philip is about thirty-six years Old
and yesterday his clear skin and eyes
gave testimony to the simple life he has
been leading since he was released from
the District jail on July last. after
about two months Of Incarceration fol-
lowing the death of A1acaboy in the Ar
lington Hotel. after a night Of carousal
and dissipation in Washington's Tender
loin. Re is slightly over six feet in
height. clean shaven. with large brown
eyes. and a decidedly pleasant coun-
tenance. He has a large. prominent
nose, slightly pointed. He was dressed
in a greenish gray suit, and appeared as
unconcerned as any one in the court
ROOM
To the right Of Philip sat his counsel
Attorneys Henry f. Davis and A. A
Hoehling, jr. while TO his left were his
two brothers. Capt. J. Van Ness Philip
and Hoffman Philip. secretary Of legation
and consul general at Tangier, Morocco
The latter made the long trip from his
distant post 20 be az his brothers side
during his trying ordeal.
No Women I'm the Courtroom.
Not a woman was present in the court
but one, Miss Mabel Davis. who was in
the witness room. It is stated she will be
called as a witness for the defense.
A grewsome exhibit. which may be in
.troduced in the trial as evidence. was the
bloody undershirt worn by Macaboy The
morning he was shot Just after ad-
jOurnment. Attorney Davis requested per
mission to examine the clothing worn
by Macaboy. which mas been in th5
possession of the police department. The
bundle was unwrapped by its custodian
an officer from headquarters-and Mr.
Davis carefully examined it. and he made
a discovery which may play an important
part and furnish an important link in the
plea Of elf-defense which will be made.
Macaboy was shot in the left breast, close
to the heart On the morning of the
shooting, Macaboy wore a brown coat
similar to khaki. and a. red worsted or
wooden vest. A small, Irregular hole was
dras outing shirt, and the undershirt. In
the coat, the outer shirt, and the under
shirt the hole is in a corresponding place.
but. upon examination yesterday, it was
noted that the hole in the red vest was
several inches below, from which IL is in
ferred that 1t was drawn up and displaced
during a struggle between Philip and the
dead cabman.
Many TaIesmen Excused.
As soon as Justice Barnard entered the
room and took his seat. Assistant District
Attorney Mcnamara, who. assisted by
Assistant District Attorney Turner. is
conducting the prosecution, announced
that the government was ready to pro-
ceed with the trial. Clerk Mckee then
called the roll Of talesmen, and their ex-
animation was begun. A large percentage
were excused because they had conscien-
tious scruples against capital punish
ment. The talesmen excused for this
reason were: Philip n. Disher dairyman.
$50 H street northeast; Benjamin f. Shaw.
CouffuuQd on Runa 2 COIuw,v. -