Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-29
EVIDENCE IS ALL IN
AGAINST CLUBMAN
Government Rests Its Case
Against Philip.
HAZEL DAVIS ON STAND
~
Testifies That Macaboy Made His
Presence Objectionable.
MR.. DAVIS OUTLINES DEFENSE
Proposes to Prove That Cabman
Sought Defendant to Mulct Him
in Gambling Game.

That Philip, shot Macaboy
while in fear of bodily harm was
the declaration made by the de-
tense in the trial OF CASTOR Philip,
the clubman charged with the
murder OF Frank AIacabov, cab
driver. in Criminal Court today.
/ This statement was made by
Henry L. Davis OF counsel for the
defense i'll presenting his state
ment
The government rested its case
at the conclusion OF the testimony
of Hazel Davis. visits to whose
house in the 'tenderloin section"
of the city by Philip. Macabov
and others were included in the
round OF revelry that preceded
the shooting.
Self defense" the plea advanced by the
defense TO save CASTOR Philip from any
penalty under indictment for murder in
the first degree incident to the shooting
and death of Frank Macaby. a cab driver.
| in the Arlington Hotel. May Is. 1907.
was brought prominently before the jury
in Philips trial in Criminal Court No.
today by Attorney Henry E Days in
| his opening statement of Philips side of
| the case.
| The brief case in chief of the govern
ment In which the mere facts of the
shooting and the events leading up TO
it and Macaboy's subsequent death from
the effects of the bullet wound were
proved, was concluded within fifteen min
utes after the beginning of the second
real day of the trial this morning.
Hazel Davis the closing witness, testi-
fed concerning few minor details of the
events of the morning of the shooting.
Again today the courtroom was crowded
almost to suffocation. All eyes were CEN
tered upon CASTOR Philip and upon At
| torney Davis as the latter outlined the
| defendant side of the story of the reyel
of May Il and Is. 1907. and its fatal
! termination-the story by which 1t is
hoped not only to eliminate any possi-
| bility of a conviction involving the death
penalty but of conviction permitting
any sort of punishment upon the young
society and club man for instrument ality
in the killing of a fellow being.
first witness this morning testified that
| Philip came to her house about o'clock
on the morning of May IS. 1907 and with
him and two other men. Taylor and Mine
tree. she visited the house at 1907 C street,
| rema lining there until nearly o'clock.
1t was there Macabo joined the party.
practically rorcing himself into the group.
and made himself SO generally obnoxious.
| he tIat Sho tn
accompany the others on a contemplated
automobile ride if Macaboy was to go.
| Finally she insisted on returning TO her
own house. and she was taken home in
| the automobile.
On croSs-eXamination by Attorney
| Davis the witness related several Incl
! dents of Macaboys behavior in the 1867
c street house.
Government Rests Case.
| The government closed its case in chef
| at 10:15 O'Clock. Attorney Henry Z. Davis
| Immediately entered upon the opening
| statement Tor the defense.
Mr.. Davis repeated in substance the
story of the entrance of Macaboy into
the 1907 street house as it had been re-
lated by the government witnesses
I'VE will show that Macaboy had been
searching for Philip earlier in the even
ing, said the attorney: that he tried TO
borrow money from a fellow cabman
saying he had no money but he would
| have some soon he could find Philip
Further than this il will be shown that
it was Maca boys intention to do-as he
did on other occasons-feece Philip OF
his money by inducing him to gamble.
Describing the events after Macaboy
had found Philip and broken up the au-
| tomobile party. Mr.. Davis said Mr. Nine
tree came back to Haggerty's saloon.
after taking one Of the women for a ride
in, To t,,d 1iy, ba,
throwing dice.
Got Philip to Gamble.
| Before this it will be shown that Mac
aboy, in breaking up the party at 1907 C
| street. held Philip back and tried 10 per-
| suade him to leave the others and go with
him (Macaboy): that Macaboy ran past
| the others in leaving the c street house
and jumped into the automobile between
the two women-Hazel Davis and a girl
known as Martha: that Macaboy even
when forced to leave the tonneau Of the
car. jumped the running board and
refused to leave Philip alone.
Always Macaboy urging Philip to
gamble And finally the lausr gave to
the man Taylor a small sum of money TO
throw dice with Macaboy. But when
Minetree returned Philip was throwing
dice at Haggerty's saloon with Maca boy
| throwing for $50 a turn-and. AS has al
ready been proved, Philip came out the
winner
Macaboy's Loaded Dice.
1T was only a few minutes after Mac
aboy finally induced Philip To gamble that
Philip found all the money he had in the
pockets of Macaboy. Mr.. Davis con-
tinued Then he took a ring from his
finger and. as the saying goes. he played
into the ring against money which Mac
aboy wagered.
This was in Hagertys saloon 14th
street near c street northwest We will
show that the bartender Carroll. when he
discovered the crap game. Confiscated tho
dice and put them in his pocket
At this point Mr.. Davis picked up a
small packet containing the articles taken
from Macaboys pockets after his death
He pointed to two sets of dice
.One of the sets is crooked. . he said
They have neither the characters two,
four nor six on them, and il is impos-
sible to throw the number seven.' which