The Washington herald., 1908-05-30

Witnesses tesufying for the defense
yesterday in the trial Of CASTOR p Philip.
charged with the murder OF Frank B.
Macaboy. declared that Macaboy threat
ened to knock Philips head Of
They testified that Macaboy wanted 10
rob Philip; that he used loaded dice in
craps game; that he was in an Of
fenslve, dangerous mood, and that his
method of fighting was 10 first knock
his victim down and then kick him in
the head.
Testimony was offered TO show that
Macaboy followed Philip whom he re-
peatedly insulted. cursed. and called vile
names.
In his opening statement to the jury.
Attorney Henry z. Davis announced the
line Of defense. He said It would be
shown by witnesses that Macaboy had
swindled Philip with loaded dice. Further
more. he asserted Macaboy had regarded
Philip as an easy mark" He said that
in the craps game in Hagertys saloon.
after TIE bartender had seized the loaded
dice and Macaboy had produced a set
Of fair dice" as Philip had won. Maca-
boy then decided TO rob Philip.
Philip in Bodily Danger.
Mr.. Davis said Il would also be shown
that when the fatal shot was fired, Philip
was in great bodily danger from an at
tack by the powerful cabman. and only
shot to protect himself against Maca-
boys superior weight and strength.
It was the general impression when ad-
journment was taken that the defense
had made a good start toward establish
ing fits plea OF self-defense Philip will
take the stand next week, probably Tues
day and give his version OF what took
place in the corridor OF the fifth floor OF
the Arlington Hotel on the morning OF
May IS. 1907. following which Macaboy
was removed 20 the Emergency Hospital
with a mortal wound In his breast. and
from which he died that night. and Philip
was taken 10 a police station cell and
subsequently 10 Jail where he stayed
until July 9. when released on bond.
q
few moments after court convened yes
terday, Hazel Davis. who conducts tho
house at 1855 Ohio avenue. being the last
witness. Those who expected sensational
testimony from her were disappointed.
She described the party. OF which she
was a member. that visited 1907 c street
and said that Macaboy came into tho
nh
were seated unlimited. and acted In
rough. insulting manner. She said that
10 get rid Of him the four left the room.
and that Macaboy followed. and jumped
in the automobile beside her and tho
other woman. He was pulled out by one
Of the men. she said When the automo-
bile moved. Macaboy jumped on the run
ming hoard and rode TO her house. where
she got out.
The First Witness.
Davis A Smith. a coachman. was the
first witness for the defense. He said
that about 1870 o'clock on the night OF
May Il Macsboy accosted him and tried
to borrow money. saying he wanted TO
get a drink. The coachman said he had
no money. and Macaboy replied with an
oath. asking: Didn't you just win $50
on the races?"
The witness said Macaboy added he
would see Philip some time that night
and get some money. Smith said Maca-
boy had a bad reputation. and was
known as a fighter.
George A. Smith. colored cabman. was
the next witness. He described Philip
as an energetic sport" and said he was
in front of 1909 c street when the au-
tomObile arrived in front of 1907 with
Philip. Hazel Davis, and the two others
in it. Smith said he noticed some kind
of scuffie between Macaboy and Philip,
and he heard Philip tell Macaboy TO
stop that" or some such expression.
Smith said Macaboy had the reputation
OF being a fighter and a bully.
Minetree. the next witness. described
the manner IN which he said Macaboy
''butted in" on the party at 1907 c street.
corroborating the testimony Of Hazel
Davis He said Macaboy saluted Philip
as Drunken Phil" and took his hat of
his head. and acted in a bosterous man.
ner.
William Carroll. the first witness after
the noon recess. described the actions of
Philip, Buck Taylor, and Macaboy on
their arrival there from 1855 Ohio avenue.
about 4:3O o'clock in the morning.
''Macaboy came in the door first" said
Carroll, "and ordered a bottle of wine.
which Philip paid for. Taylor drank
whisky. While they were drinking, Mac
aboy produced a pair of dice and began
throwing them on the counter. and in
sisted on Philip playing. Philip declined. |
but Macaboy became so persistent, he |
took ten-dollar bill from his pocket and
said: Here. Buck. you play him. a"
The bartender said about this time he
was called in the back room, and when |
Continued on Page 2, Column 2.
OF Flowers for the Cemetery.