The Washington herald., 1908-05-28
CHARGE OUTLINED
IN PHILIPS TRIAL
Governments Case Presented
by Attorney Turner.
QUARREL BEFORE KILLING
PrOvOcntiOn for Murder of Cnbmnn
Is Hinted At by Prosecution-ShoOt-
ing Occurred After Night of De-
bauchery-Dispute Over Jewelry
Said to Have Ended I'm Tragedy.

Assistant District Attorney Charles II.
Turner yesterday afternoon made the
opening statement in the case Of the gov
ernment against CASTOR P. Philip. charged
with the murder Of Frank B. Macaboy. a
cabman
The statement was listened 10 by an
audience that crowded the courtroom. II
was considered not only fair presenta-
tion OF what the government expects to
show. but a severe and dignihed arraign-
ment OF the defendant. who sat through
out with his head slightly bowed forward.
with the gravest expression that has yet
appeared on his face
After a tedious day Of examining tales
men. during which the special panel OF
thirty, summoned to report in the morn
ing. was exhausted and an extra panel of
twenty-five summoned to report at l
o'clock. the jury was at last completed
about $3.50. Justice Barnard ordered the
jury sworn. and all except character wit
nesses excluded from the courtroom. and
Mr.. Turner at once began his opening
statement:
The evidence that the government ex-
poets TO introduce said Mr.. Turner.
will tend we believe, to prove that on
the night Of May II the defendant at the
bar, CASTOR Philip was going about the
town riding in an automobile, drinking
more or less, going from one saloon TO
another, until past the midnight hour.
Then, in company with others, he went
down into that section Of the city i'm
mediately south of the avenue to a house
where he spent some two or three hours.
In company with an inmate of one
Of these houses, he made various trips.
accompanied by several persons. About
o'clock in the morning, in company with
these persons, he came up on PennsyI-
vania avenue, and went to a restaurant.
where they had something 10 eat. There
they met two other men. and again they
repaired TO a second house south OF the
avenue.
Party Said TO Have GambIed.
While they were in that second house
Frank B. Macaboy. who was a cabman.
but who knew the defendant, came I'D
and spoke TO the man in charge Of the
automobile and to one Of the party, and
went into the house with and joined the
party.
Wine was ordered; perhaps none was
drunk. One or two members Of the partv
went home from this place. The party
was then reduced 10 the man who han
died the machine, Philip. Macaboy. and
Buck Taylor. and the latter three en-
gagged In gambling. shooting dice for con-
siderable sums Of money and pieces OF
jewelry
1t will appear from the evidence that
both Macaboy and Philip were under the
influence Of liquor. and it may appear
from the evidence that Macaboy was
rough. insulting. perhaps, and urged on
the gambling After time a DISPUTE
arose over piece Of jewelry. and the
defendant threatened to 20 10 the First
precinct station house and report Maca-
boy. and that Macaboy agreed to go and
have the matter settled. The party then
repaired to the Arlington Hotel. bur the
bar was not yet open. They went TO
Norris saloon, where the discussion con-
cerning the Jewelry and money was re-
newed, and where Macaboy again urged
the defendant TO gamble, but the latter
declined.
Again they went to the Arlington. and
from there went to the home OF Hazel A.
Davis on Ohio avenue. It was then about
o'clock.
All three got out of the automobile
when they arrived in front Of the house.
and Macaboy for some reason, seemed to
object to Philip entering the house. FL
nally. Philip left the doorway and came
down the path, and said to the chauffeur:
Get back to the Arlington as quick as
you can. want to get rid OF these feI-
lows
When the automobile started. both
Macaboy and Taylor came running toward
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