The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-06-02

the manager of the Chamberlain Club.
and Bill Lang, the steward. had also told
me he was a dangerous man"
Philip said that when BTest tbs clerk.
came TO him and ordered him 10 his
room. he went. and stayed there until
the police came and placed him under
arrest. He denied using a vulgar express
sion when the police asked him why he
had shot Macaboy, and he still thought
then that Macaboy was not hurt, but only
frightened. He denied he vas In a stupor,
and had 10 be awakened. When Manager
Taylor, Of the hotel came In and told
him he regretted TO see him In such a
situation. he said he remembered saying
to Taylor: 1T is too bad"
i was very weak that morning. said
Philip toward the close OF his direct ex-
animation by Mr.. Davis. THE day be-
fore had juss gotten up from thirty
six hours illness"
He admitted that for about a year pre-
vious to the shooting he had been on
terms OF familiarity with the cabman, and
had been out with him on several oeea-
slons.
Assistant District Attorney Turner took
the witness for cross-examination. He
was asked IL he had not been intimate
with Macaboy and had not visited his
| house Philip said he did not remember,
but II he had visited there il was at
/ the suggestion Of some one else. At this
point Mr.. Turner asked II Macaboys
nine-year-old son was in court. He was
not there. The object Of this did not
develop. He admitted he had played
1 craps with MacabOy on a number of Oc-
! casions.
The Game with MRcabOy.
why did you enter that game with
MacaboyY' asked Mr.. Turner.
TO keep him quiet" answered Philip.
ION account of your weakened condi-
ton you said you were afraid Of him?'
Yes" replied Philip.
You had been TO Hagerty's before, had
| you not?"
Yes: several times"
Now. Mr.. Philip, you knew that Tay-
Tor was with you. that the bartender
was in the saloon, that the chauffeur
was close by. and police station TWO
blocks away. and were you scared in
view Of this?"
Philip answered by nodding in the az
irmative.
|
danger Of bodily harm from him. then?"
Yes"
well. how was 1t that you were not
so scared but that you could threaten
TO report him to the police at that
timer
What meant" said Philip. rs that
was in no condition to have trouble
with him"
why did you not leave him at the
! time you made the first two trips TO the
hotel?r
II did not wish 20 raise a scene there"
you told the chauffeur TO take you 20
Hazel Davis. that you were going TO
sleep thereT'
Yes"
Were you sleepy?'
Yes"
How is II, then. that you stated on
direct examination that IL was because
you were not sleepy that you changed
your mind going up in the elevator. and
decided 20 go 10 the villa Flora?"
Philip replied that he told the chauf-
feur 20 go there because he thought that
as MacabOy was not welcome there and
not wanted. he might get rid OF him. as
MacabOy would not be allowed inside.
Did you wash your face when you
went to your room?'' asked Mr., Turner.
NO"
"why?"
Il thought I had better hurry and get
out because I was afraid Macaboy might
be back from the New Willard"
Why" said Mr.. Turner, emphasizing
HIS remark by raising his voice and look
ing at the jury, you said on direct eX-
animation that you did not expect to see
him any more In the hotel, but might see
him when you returned from the Villa
Flora"
well. he had trailed me on other oc-
casions. and thought he might trail me
again"
Philip said he did not know how far
from him Macaboy was when the shot was
fired, but he said his impression was that
he was right on top OF me-"
After the shot was fired, Philip said he
did not hear Macaboy speak. He denied
making any explanation TO the police as
10 the way the thing happened. and ad-
mltted that he might have said he "shot
him with a blank" He positively denied
any colloquy had passed between him
and Macaboy. as was testified to by De-
tectives Helan and Pratt and Sergt.
Evans.
AhEtt hOuEH Oh Slunu.
Philip was on the stand from l o'clock
until AIS o'clock, and throughout his ex-
animation he looked his Questioners
straight in the eye. II appeared as IL he
made favorable impression on the jury.
Notwithstanding the flaws that were found
in his testimony by Mr.. Turner
Detective Frank Helan was on the
witness. He testified that Philip told him
at the station house that ''NIacaboy is
more scared than hurt"
Joseph Peyton. negro cabman; John W.
Tibbett, cabman; Walter o. Day. who
said he was a liveryman; William Beck
man, negro cabman, and Charles Thomp-
son. cabman, were called at the morning
session, and testified Macaboy was known
as fighter. and was quarrelsome.
Capt. Amiss. for years in charge Of No
l precinct; Detective O'Brien. and Police
men Mosby Williams and Washington
Sanford testified as To Macaboys quar-
relsome disposition. and stated he had
a reputation as a fighter and danger
Gus man.
Peter Taylor. manager OF the Airing
ton Hotel. said he was summoned to
room 264 on the fifth floor, and found
Macaboy stretched on the floor.
Il asked him who shot him. said Mr.
Taylor. "and he said he had shot him
self. Then he said: No. Philip shot
me, all right; but don't want anything
done to HIM I went 10 Philips room
and found him sitting on the bed, and 1
said 10 him: I am sorry TO see you in
such situation and he said, 1T is too
bad, isn't it?"
Mr. Taylor contradicted both Sergt
Evans and Policeman Reilly as 20 the