The Washington herald., 1908-05-28

machine ana jumping on the running
board and seating himself beside Philip.
Hotel Tragedy Described.
when the automobile arrived at the
Arlington, Philip got out and entered the
hotel, and told the elevator boy 70 carry
him TO the NTH floor and wait for him.
Philip was taken to the fifth floor. and
the elevator waited for him, when the
bell rang. The boy answered and went
down and found Macaboy waiting. Mac
aboy told him that he wanted 90 find
\ Philip. The elevator boy took him and
partly conducted him TO Philips room.
which was located some distance down
| the corridor, and pointed 20 Philips door,
and started away.
lie heard Macaboy ask Philip where
he was going. and the latter's reply that
/ he was going out Macaboy told him that
/ he was too drunk. The elevator boy saw
! the men during this talk, and he also saw
as he returned 10 the elevator Macaboy's
hand resting on Philips shoulder. The
next thing he heard was the report OF
pistol. He jumped in his elevator and
hurried to the ground floor, whore he re-
ported the matter and a clerk hastened
10 the fifth floor.
/ when the clerk and another arrived
on the fifth floor they found Macaboy
! lying face downward on the floor, and
/ Philip bending over him. The fret
thought was that It was simply two men
drunk with one lying on the floor, and
the clerk went down to the first floor
TO get assistance 20 eject Macaboy. When
! they returned. and turned Macaboy over
| they found him seriously wounded.
! philip was told by the clerk TO go 10
| his room. The other clerk then located
| the bullet wound. and instructed the other
| 90 get the pistol. II was found in Philips
pocket. Soon the police came and Philip
was asked why he had shot his buddy
Philip replied. I shot him with blank,
and added a vulgar remark.
| 'Macaboy was taken TO the hospital,
and on the way out OF the hotel he met
an officer. whom he told he had been shot
and was IN a dying condition. and that
he had been shot without provocation.'
| Here Mr. Turner briefly referred to the
statement made by Philip nj the police
station. where he was taken just after
Macaboy was removed from the hotel
Said lie Used Blank Cartridges.
AT the statlon-house" said Mr. Tur-
ner. philip repeated the statement that
he had shot Macaboy with blank. and
when the officer told him that anything
he might say would be used against him.
he said that he would say nothing furth-
er until he had seen his lawyer
, 'Macaboy died that night" said Mr..
Turner, impressively, amid intense 81
lcnce "The bullet penetrated his liver.
and was necessarily a fatal wound
But before he died he made a state
ment IN a more solemn form under the
fear OF immineEt death Of how he was
shot. That statement will be offered IN
! evidence"
Mr. Turner stated that several car
/ tr!dges were found on Philips person, and
also several In his grip In his room. The
pistol he said, when taken from Philip.
was empty, II later in the day two
loaded and one empty cartridge were
found near the spot where Macaboy was
found lying
IF Il shall appear" said Mr.. Turner. IN
finishing his statement that Philip was
angered at the rough treatment Of Maca-
boy Of the night before. angered at Maca-
boys interference that prevented him
from returning 70 Hazel Davis house:
that Philip went 20 his room 20 arm him
self 20 shoot this man. then the govern
ment VIII ask for a verdict OF murder in
the first degree.
IF # IS shown that It was done without
deliberation or premeditation but that
Philip shot Macaboy In anger and 20 XIII
; him, without pruvocation. we shall ask
for a verdict Of murder IN the second de-
gree"
Philip an Attentive Listener.
Philip listened throughout this arraign-
ment with his head bent forward. and hC
seemed considerably relieved when Mr..
Turner had finished.
The trial Will be resumed this morning
J at 10 o'clock, when the government will
place on the stand DIT Clazebrook. the
acting coroner. who performed an autopsy
upon MaCaboy; Sergt. Evans. who arrest
ed Philip; Detective Helan, to whom Mac
, abOy made a statement and Hazel Davis
It is expected that the trial will last un.
III the middle Of next week.
The Jury.
George c Wright. clerk Southern Railway. So
Tenth street southeast
Robert 7. Chattcrfou, real estate dealer 81.
| Fourteenth street northwest
Thomas J. Ryan. ironwerker. lO2 street north
? west.
Henry J. weieel. jeweler 80 Quincy street north
west.
George W Macon. negro undertaken. sos Nichola,
Avenue AnaCcstia.
james D. Finch. PAINTER. lio8 North Capitol
street,
Robert C. Canum. electrician. l73 De sales street
John II. CooA, electrician, 52i Eighth street north
= cast
Georrr L Gardiner. grocer. IlOs fourteenth street
northwest
William r. Dcnham. grocer. ris Eighth street
T Edgar Rollins. grocer. 40 Seventh street south
west.
William E Lacey, florist, Good Hope. D. Q.