The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-05-29


Yes she answered
did he take Philips hat of and
throw It over into the corner?'
He did "
THAT viii do" said Mr.. Davis.
Government Rests Case.
Mr., Turner then announced that the
Governments case was concluded, and
after short conference with his as
sociate counsel A. A. Hoehling. jr-
walked TO the front of the jury box. and
began his statement
He reCited the story OF the morning $
hila"ity. which was Identical with testi-
mOry of the Governments witnesses
during the earlier part OF the morning
The mo Teuents Of the defendant from
the time the party went TO the c street
house we're followed closely by him. and
II was when Macaboy first appeared on
the scene that Mr.. Davis got down 10
details
''NIacaboy." said Mr.. Davis. had
emerged from the house next door,
1909 street, when seeing the chauffeur
there. he asked him II Philip was in
side. The chauffeur replied IN the al
uTnauV6. and MaCabOy started up the
steps Then followed that talk over the
wine which witnesses told you OF yes
'terda,. Anyway, MacabOy forced him
sell l. 20 that house, unwelcoms though
ne was. Then he saw Philip.
10 him, and he snatched of his hat
an1 threw IL into the corner. There
would have been quarrel right there
but Minitree interfered The party
Leg The house and tried 10 leave Mac
taDOyl but he hung 10 the running
Philip tried TO drive him away. but
Macaboy wanted 10 get Philip into a
game OF crap. He was broke and h,
wanted 10 get the money"
Mr. Davis then sketcnCd the events
leading up 10 the time the depleted
party, consisting Of Macaboy, Philip,
ana Taylor went TO Haggerty's saloon,
on FourteenSh street, near G. He showed
the movements Of Philip, who he said
was trying 10 avoid MaCabOy.
Philip Urged to Gamble.
'AIacaboy kept throwing dice on the
bar and urging Philip to play" said
Mr.. Davis. He won all Philips money.
then his ring. At this point the bar
tender, Carroll. took away the dice
Those were the loaded dice. They
played again, but with the fair dice the
luck changed. Philip won back his
money and ring. Then NIacaboy threw
down a diamond horseshoe pin. and
said: Play into that Il is not certain
whether the first throw was for 500 or
80, but Philip won. He also won the
second throw, and then he picked mp
the pin. MaCabOy protested however.
that the pin was worth 5000 and cried
out Here. let me look at that Din.
there $ a clutch on II l want 70 show
you, and with that he grabbed II and
put Il IN his pocket, After that he
GAINED that Philip owed him $3.50, and
he never ceased talking about that 500
until the bTeath left his body"
Macaboy Grabbed Change.
The course Of the party from the time
hey left Haggerty's, went TO Norrls's,
then 10 the Arlington was outlined. and
then Mr. Davis described an incident al
the bar in the hotel shortly after 6
O'Clock that fatal morning Macaboy
had asked Philip 10 get him a drink
They went TO the bar. had their drinks.
anu Fhlup put nifty cents down on the
bar. The bartender put back Il nicxe.
me cnange, 'MackabOy grabbed IL up
said Mr. Davis. ImpreSsiVely as he held
Out ne Identical nickel IN evidence and
body.
when Phi il wens up TO his room. M
thought he was rid of MscabOy for
Bood- Aa .apoy had told uua that uc
vas going down TO the New Willard
AFTER reaching his room Philip decided
mat ne would not go 10 bed, but that
ne would take an automobile ride OTIr
70 VIA Flora Club and sleep there
The thought occurred 20 him that some
Where during the day he might meet
Macaboy, and as Macaboy had threat
ensd- him. he feared the man because
OF his reputation. He did not slSuact
70 meet him outside the hotel. however
he Just carried the gun as a pTecaution.
Meeting in Corridor.
The meeting Of the men i'm the cor
Tidor has been described 20 YOU. Philip
was on his way downstairs when he
met NacabOy. They met by the banis-
tiers Had Philip desired TO shoot Mac
aboy he could have shot him in his
tracks right there. But he didn't Mac
aboy caught him by the arms, and, be-
ing a powerful man, swung him around
so that his back was against the ban
isters- Then there was the sCuffle
Philip had been driven into a corner
AT once there SpTang into Philips
mind the character of man that Mac
alloy va He recalled having heard,
and NaCabOy had told MIN himself. that
his method of fighting was TO knock
man down and kick him in the head,
or as Macaboy used 10 say, give him
the leather
"A vivid picture sprang into Philips
mind He retreated. and pulled the
gun. MaCabOy stood still With the Dis-
tol In his hand Philip was convinced
that MacabOy meant 10 do him great
bodily harm, and he snapped the trig-
ser. He did not think that Macaboy
was shot until he saw him leaning
against the wall and slipping 10 the
ground. Then he went over 10 him and
grasped him by the hand, intending 10
help HIN up.
IN that position he was discovered
by the witness. Gerrett.
'Plan to Rob Philip"
you Will learn, gentlemen, that this
man, Macaboy, had been trying to
pluck Philips money for a long time.
We have the two pair Of dice. one a
fair pair. the other that foul pair, a
seven could not be thrown. The sew
en- Is vital in the game Of crap. IN
plain old English. Macaboy was out u
rob Philip with his foul dice.
And so. gentlemen Of the jury, on
the morning OF May IS, 1907. while he
was IN danger of great bodily harm,
against which he was protecting him
self, as he IS privileged 70 do by the
laws OF nature and the laws Of man
IN defense OF his body, CASTOR Philip
shot Frank Macaboy-"
Cabman on Stand.
Davis Smith, a cabman, who professed
TO know Macaboy well, was the first
witness introduced by the defense. IN |
his direct testimony he declared that
NIacaboy had been seen by him earlier
in the evening. and that ct that time