The Washington herald., 1908-06-03


Arlington. AS he told you while on the
stand, he had determined that when he
reached there, II Macaboy followed him IN,
he would have him elected by the en-
ployes there. But when Philip jumped
out, as he assembled the steps, MacabOy
called 10 him that he was going 20 the
New Willard, where HIS cab stand was
located. He then thought he was finally
rid OF him.
Philip, said Mr.. Davis, believing he was
really rid OF Macaboy. determined 10 e
TO the Villa Flora Club for breakfast. and
went to his room, and told the elevator
boy 20 wait for him. lie recalled. said
Mr.. Davis, that he had been bullied for
hours.
Was Seized by MacabOy.
He knew when ne was seized by AIaca-
boy in front OF Hazel Davis, al 1856 Ohio
avenue. that he stood face TO face with
a present. acute realization of Maca-
boys desire 70 get him alone where he
could wreak his Will While in his room
ne decided what you and I would have
decided TO do. He did not believe he
would again see Macaboy IN the hoteI. out
that he would see him on his return 20
the city, and he armed himself against
an assault by Macaboy
Now, II is the governments theory
that Philip wanted 10 commit a public
murder when he took this pistol and put
II in his pocket. They have attempted 70
discredit Philips statement that he did
not expect to see Macaboy in the hotel
again that morning. What do you think?
That Philip went up to get the pistol and
come down and murder Macaboy in the
lobby SO far as I can see. that is their
theory
Philip encountered Macaboy at the
banisters suddenly when he left his room,
and walked down the hallway. He did
not know Grissette was there and had
seen the first Of the encounter. Had he
wanted 10. he could have shot Macaboy
through the pocket Of his coat. and with
out warning.
Gentlemen said Mr. Davis. ''Afacaboy
was ruffian. a thug. and a bully. and his
favorite form Of fighting was 20 knock his
adversary down and. to use his own ex-
precision. give him the leather'-that is.
kick him in the head. He was a man with
no mercy. and infamed with a desire for
another's money"
Mr.. Davis said Philip told a true story
on the stand. and he believed him. and
when the fatal shot was fired was in real
ana imminent danger OF his life Mac
aboy's character. said Mr. Davis. had
been fully put before the jury by wit
nesses.
Referring TO the contradictory state
ments made by Macaboy to Sergt. Evans
and Detective Helan. that Philip had
shot him after an argument over $50.
which he said Philip owed him for cab
hire. and 10 the statement made 10 De-
tective Pratt that he accompanied Phlip
TO the door OF his room and was shot
because he refused TO take a drink. Mr..
Davis said
with the gates Of death opened to let
him in. he blackened his soul with lies.
Not because Philip says they are lies.
but evidence in this case shows they are
lies.
When Macaboy told the clerks al the
hotel that he had shot himself, he told
the truth. He did not hold the gun. but
he brought that bullet into his own body
The statement that he shot himself. I
believe. was also due to the fact that he
had a consciousness Of his own respon-
sibility, and this consciousness was with
him 70 the end"
Mr.. Davis closed with plea TO the
jury to acquit Philip. so that he could
hasten and join some one who was the
representative OF his mother. now in the
spirit world This was a reference to
Philips sister, Miss Elizabeth Philip.
Closes for the Government.
In closing for the government. Mr.. Tur-
ner made a strong appeal for verdict of
murder, second degree. OF manslaughter.
He reviewed. as did the other attorneys.
the nights carousal and continuing.
said:
I'm the real scene in this drama. there
were two actors. One whose lips are
sealed forever Another whose mouth
was sealed for year.
After a year. when able counsel is
called, he says he shot in self-defense
and tells his story. II that story was
true. he would have told ii a year ago.
1t remains for you to say whether his
story is true or not.
Mr.. Davis said that nights proceed
ings were a revelry. It was a disgrace
ful debauch. He calls it also unfortunate.
would call it disgusting. To those who
participated in it, he states they were
discredited. I say they were disgraced."
Mr.. Turner traced the three men from
place to place. and said Philip had many
opportunities to leave the cabman had
he so desired. but he did not, and was
not as afraid as he said he was. Mr.. Tur-
ner contended the shot was fired by
Philip when he was stupidity drunk. and
did not know what he was doing. This.
he said, was shown by witnesses. Sergt.
Evans and Policeman Reilly, who found
him in a stupor when they located him
in his room.
We are asked" continued Mr.. Turner.
10 formulate TO you our theory as TO
what took place in that hallway. and 10
tell the motive that impelled Philip to
fire the shot. Do you think that after
such nights debauch as that we can
tell In what manner his drunken mind
was working"
Turner arraigned Philip for not inquir-
ing as to how badly Macaboy was wound
ed after the shot was fired. and on the
way to the station house
Instead of that,7 said AR. Turner, he
called for cocktail"