Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-03
JURY SAYS NOT GUILTY
Acquits CASTOR Philip OF
Charge of Murder.
CLIMAX OF TRAGEDY IN 1907
Friends and Acquaintance Extend
Congratulations.
DEFENDANT TO BEGIN ANEW
Large Audience in Attendance for
Wind-Up of the Trial-Argu-
ments by Counsel.
DEFENDANT TO BEGIN ANEW
Not guilty.

Not guilty"
After sitting in Criminal Cour' NJ.
for one hour and twelve minutes 'as'
evening. experiencing all the ahAie's
which must be the portion of man "he"
he is awaiting the decision OF jury VI
his peers on the question of his guli' vi
innocence of charge of murder Oas'oii
Philip at 6:U7 O'Clock last evening near"
Foreman Robert G. Callum OF the jury III
his case pronounce the ta'eiui >"oius
which declared him, not guilty OF muraer
| In causing the death OF Frank Macaoos
ard set him at liberty. 1t was not
necessary to poll the jury to see II '"e
verdict was unanimous. because fuliv
| half the men in the box cried NV
guilty in unison as Clerk Mckee pun
| the question to their foreman. In rac'.
it seemed that they could scarcely controi
| their anxiety to announce the finding, oe-
cause the answer sprang from their ups
| In almost the same breath that they an
swered af1irmatively the preliminary
query whether they had agreed on
| verdict.
| iurv ATTORNEY Henry f. DAVIS. or couH-
| sci for Philip made the formal motion !"
| the court for the discharge or ms cis"'.
| and this Justice Barnard granted. ailei
| assuring himself. by inluiring of ASSIST
| ant United States Attorney mcnamara.
! that there was no further charge penolns
| against the defendant. Many OF Fh,i,p
| friends crowded the courtroom "ai.ihs
| with him from 4:55 o'clock. the hour Jus
tjce Barnard finished his charge and gave
the case to the jury and as soon as coul'
| adjourned they crowded round ana shw~
cred him with congratulations Len
1 lin.
by his brothers. Capt. Vann Ness fhll1p
| and HOFFMAN Philip. both OF Whom sd.
by his side throughout the triai; ana ps
| Attorney Davis. was seated IN Dig toui
| ing car and. with Capt. Phlhp al liie
wheel. was speeding away from the scene
of his tribulations.
Large Audience Present.
| Criminal Court No. has held lie"
larger crowds than during the seven court
days of the trial of haston Philip, the
| wealthy young society and club man OF
Washington and New York. for the MUIR
der OF Frank Macaboy. driver of one OF
| the public cabs of this city, in the Ar
lington Hotel. May IS. 1907. and at no
| time in the trial was the crowd greater
than yesterday, when the final arguments
| of the attorneys to the jury were IN
| progress Scores of the spectators were
friends either Of Philip or of the deceased
cabman but by far the great majority
were drawn by morbid curiosity. in
spired by the sensational and salacious
calling Of very few witnesses I'm re-
| buttal all Of the court session yesterday
was devoted to the closing arguments.
Assistant United States Attorney Nc
| Namara making the first OF the series
for the government. while Attorneys
Hoehling and Davis spoke i'm turn in
Mr.. Philips behalf and Assistant United
States Attorney Charles Turner closed
a,snl had
his remarks at 4:35 o'clock. and Justice
| Barnard at once began his charge to
the jury. which was concluded twenty
| minutes later.
| While the arguments were in progress
the defendant gave little outward indi-
| cation OF the anxiety which must have
been his portion as the end of the case
| drew near. and only once or twice his
| lips moved as though i'm mute protest
| when Mr.. Turner's condemnation OF his
| act and the events which preceded it was
| most severe. Again. in the tense mo-
ment when the jurymen were filing into
their places and when his fate was yet
una nnounced. Philips eyes roved quickly
| over the faces of the twelve men As
| though seeking to read their answer in
| advance. and his cheeks paled slightly
keven under their coat of healthy tan.
FJustice Barnard had given A strict order
| that there must be no demonstration
| among the spectators. and. while this
| was needed. nearly all the spectators
|
the words Not guilty were pronounced.
Philip expression changed but slightly.
| though his eyes lighted with look of
relief and his brothers. either side.
manifested their JOY by silent hand clasps
Expected an Acquittal.
| In brief interview before leaving the
courtroom. Philip expressed his intention
to remain in Washington for few days
| to settle up some business matters and
then to go to his summer home at Claver
neck. n. Y. He also voiced appreciation
| of many favors he had received here since
| the tragedy and during the trial.
| Yes. | expected an acquittal," he said.
! THE evidence would not permit any other
| finding
Following the addresses of Attorneys
| Mcnamara and Hoehling and after the
noon recess of the court yest erday, AttOr-
| ney Henry E. Davis. leading counsel for
| Philip. made the closing argument TO the
| jury for the defense. He gave summary
| of the evidence for and against his client.
| and laid particular stress throughout his
| argument upon the PORT that there was
| absolutely nothing in the case to indicate
that Philip had any thought in his mind
| of shooting Macaboy. and without that
| malice forethought" there could be no
| conviction.
| IF Philip had a cloud of witnesses
about him. none of them could say what
| was his mental attitude toward Macaboy
because only he knew what was in his
own mind" Mr.. Davis said He might
| have said so thousand times. but only
| he knew of what he was thinking.
| Philip has testified before you that he
| wanted TO be rid of the cab driver. who
! had been clinging to him all OF thosa
| hours; that he went to the Arlington
| Hotel once. but Macahoy would not be
shaken off. that he returned to the housa
| 1853 Ohio avenue. telling his chauffeur
| to afterward take the others wherever
they desired to GO but again Macaboys
| giant form was interpQsed; that even
| earlier in the night he had turned back
in acknowledgment disgust-when Maca-
boy had barred his exit from Hagertys
| barroom All the time Macahsy was cry
ing-'the money. the money, the money!
Pictures Return to Hotel.
| Mr.. Davis pictured the return to the
| Arlington Hotel for the last time and re-
| ferred 10 the fact that Warner Sanford,
! the sailor formerly a porter at the Ar
| lington, had heard Macaboy call after
| Philip when the latter entered the hotel
that he was going down to the Willard
| Hotel where his cabstand was located
/ Phillip believed Macahoy. and he armed
| himself only as Il matte' of self prot ection
| in case he should encounter the cabman
on the street and the latter should resume
| his persecution and should make the at
| cate was imminent. Yet Philip thought
| the unpleasa incidents of the night were
| at an end. and he was on his way from