The Washington times., 1908-06-02
Prosecution Abandons Fight
for Verdict of Murder in
the First Degree.
SCORED
IN OPENING SPEECH
Attorneys for Defense Will Follow
in Heated Plea for Young
Clubman's Freedom.

The statement Of the defendant.
Philip is an absolute fabrication and
| utter falsehood built up to meet the
conditions Of his case. II must be
absolutely and utterly untrue, for Il
the story as row told is the true truth,
he lied when be shot Macaboy."
This was the opening Of a savage
denunciatiOn OF Castor Philips life ana
conduct and his killing OF Frank A.
! MacabOy By Assistant District Attorney
Mcnamara this morning. In beginning
his argument 10 the jury which is try
ing Philip Mr. Mcnamara surprised
the court by declaring that in view of
the testimony ohered. the prosecution
| would not ask for conviction OF murder
/ IN the first degree, but would rest con-
tent with a verdict Of man5laughter
or murder In the second degree.
Act Not Premedirated.
Owing to the fact" said Mr.. McNam-
| ara, that a conviction OF murder in the
first degree calls for malice afore-
| thought, and IN view OF tie testimony
that the shooting occurred after an IN
expected meeting OF the two men, the
l Government rests content with q YER
| dict or murder IN the second degree or
/ OF manSlaughter.
1 Air. Mcnamara opened his remarks
with short definition differentiation Of
| the plea of self-defense and the act OF
| manslaughter. Then commenced one Of
| the most bitter arraignments ever
heard IN q court
Philip Nervous.
AS the biting phrases fell from the
District Attorneys lips, Philips face
alternately redeemed and paled. and he
shrank in MS chair. as though he felt
the actual blow OF a whip across his
shoulders During the entire speech he
did not once take his eyes from Nc
Namara and sat skunk down in his seat
With his fingers nervously elutching
I the arms Of his chair.
In the drama which has been PLAYED
/ before you. gentlemen" !" said Mr. SIC
Namara, we have Two actors, one os
whom Is dead and the other arrsfgneE
| In this court. The scene, gentlemen,
| II one which scarcely bears the Opeu
| light OF day. and the shooting by one
OF the principals at the other marks
fit ending for this carnival Of crime.
The Two Men.
Let us study for a moment the per
sonality Of the two actors. One is
man vino Is educated and who has
studied in universities at home and
abroad. Yet he seeks the companion
ship Of q man who is rough, unedu-
Gated. and. according 20 the distinc-
tions Of society, his inferior in every
respect. These two men seek their
pleasure at night, not in a decent and
wholesome fashion. but going to ne
dives and the perveaus Of infamy. One
OF them has been sick for thirty-six
hours because OF his own wild dissipa-
ton
He goes to the Villa Flora Club at
3 o'clock on the afternoon OF the day
preceding the murder and then he re-
turns TO town and goes from barroom TO
barroOm until they are closed. Thence
he goes TO = house OF III fame and meets
the woman OF his own choice. From
the house ne goes with the Davis
woman 10 a lunchrOom, and there he
meets other choice spirits Of his own
caliber. This is the setting OF the
| scene, gentlemen, a scene of wild, dis
gusting dissipation. a scene from which
a moral man would turn in disgust and
| into this scene comes Macaboy, a rough
rude Vfle-mOuthed fellow but q man
who is a friend OF Philip, and ne knew
MIN well enough 10 address him with an
epithet
From that time on we have Macaboy
annoying and irritating Philip. After
a time the party breaks up. Their
| shameless revelry palling upon them
selves, and finally we have three men,
| Taylor, Minetree, and Philip in Haz-
| gartys saloon down on their knees on
the floor playing crap. This is a lovely
crowd OF men, these triplets, and Philip
was as lovely as any other man in the
| crowd; They play crap until Philip
/ wins from Macaboy $50. Previous 20
that Macaboy has won nearly all OF
Philips money. but when Philip turns
the tables and wins Macaboy's money.
Macaboy wants il back
United by Common Bonds.
$50 you see. gentlemen. the common
bonds uniting Macaboy and Philip. They
have IN common their shameless and
disgusting night and lawless revelry.
They have their common desires. their
common tastes. and their common dis
grace. After Philip had won the $50
from Macaboy he wished to-escape from
his company. He jumped into the auto
mobile and Taylor, the shambling weak
old fellow, was left behind AIacaboy,
however, climbed into the machine and
rides with the defendant TO the Airing
ton
1--WE see, gentlemen, from what we
have heard that Philip intended going
back to the house OF the woman OF his
choice and spending the night there. IN
stead they go TO the Arlington. Philip
goes to his room and gets his gun, and
while he IS walking down the corridor
with the weapon in his pocket he runs
into Macaboy. There IS a little talk
then IN half a minute, according to the
testimony of the defendant, the fatal
shot is fred and Macaboy reels and
falls TO the floor. In half a second the
beautiful climax TO the evening OF dissi-
patton is over.
Now. gentlemen, you learn from the
testimony thdl Thillp ulu not mention
to living soul the fact that 1t was he
who shot Macaboy- Mr. Brest takes
him TO his room and he is afterWard
seen kneeiing by the man he has shot
and endeavOTfng TO lift him from the
ground MacabOy is bleeding. He is
groaning aloud and IN his agony Is ask
ing people to XIII him and relieve him
of HIS pains. yet Philip. not knowing
whether he has done his man to death
or not does not mention word explain
ing how Maeaboy was shot
Found in His Room.
He is next found in his room in a
drunken and maudlin condition, and
there he says that he shot Macaboy
u. IrnntinncA On Eln,,oraA rnA