The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-05-29
GOVERNMENT RESTS
IN PHILIPS TRIAL
Attorney Outlines Plan of
Fight to Free Young Club
man of Murder Charge.
MACABOYS ACTIONS
ARE TOLD BY WOMAN
Defendant Confident of Acquittal,
But Continues TO Fellow Every
Move Of Prosecution.

Move Of Prosecution.
In plain old English words, gentle
men OF the jury. Frank AIacaboy was
OUT 10 rob CASTOR Philip that night By
means Of these foul dice which 1 hold
~ my hand. and on the morning OF
May Is, 1907. while in danger Of great
Doully Aarm against which he was pro
'79tiHs himself, as he is privileged 10
GO Dy botn tho law OF nature and the
" 70" % man Castor Philip, in defense
OF ms body, shot Frank Macaboy."
1hIs was the elimination Of rhz oran-
| Iils statement made by Attorney Henry
l. Davis this morning after the Gov
ernment restod, and the deferee C.-.s,-e.,
us case II came at the conclusion Of
a narrative Of the events Of that fatsI
night Of reVelTy which held the audi-
ence, which packed Criminal Court No
= u the very doors, sDelIbound =,
carried with 1t the general imurassio1
that before another week is over Cias-
ton Philip Will walk the streets Of
Washington a free man. abso.ved bv
'-e Ia" for the Staying OF his cabman
acquaintance.
~AAB+-idu NdDmduS Mark
Mr.. Davis claimed that he would provs
beyond the shadow Of z Doubt rba+ tba
cabman had been making q mark ~
the wealthy young clubulau. that ra
had been hunting for him for two davz
10 relieve him Of some Of his money
and that when the foul dice were taken
away from him by Carol the barrar-
der al Hagge-ty's saloon. and he LOST ON
Ine substitution Of The fair dice. and
determined TO make Philip give him
scme money The defense would prove
he SAID. that Philip, coruered bv the
giant cabmau il the corridor OF the Ar
hngton and fearing AIacaboy would
Knock him down. and kick him IN the
head. as was ais method of lighting.
snapped the gun intending 10 frighten
Macaboy.
a wave OF Durmuriug sweIed over
the crowded courtroom. when Mr.. DAVIS
finished his statement. and rbiIfD and
MS TWO brothers, Capt. Van Ness Phfip
and Hoffman, Philip, appeared ver,,
much satisfied. The prosecution had
rested with tho testimony of Hazel
Davis, the young woman who was with
Philip during the night Of reveIry about
the Washington tendorIoin, and her tcs-
timOny was clearly favorable 10 the de-
iendant, for she testified concIusiveIy
that the cabUau had IusuIted Phuip
continually, was q general nuisance, and
had called Philip q drunken sIob" and
had snatched Philips hat of his head,
and thrown ii ia a corner.
Courtroom Crowded.
The interest in the trial manifested
itself today in a crowd that dued the
courtroom an nour before opening time.
and hundreds crowded around the
doors, unable 10 hear q word, but salts
fed 10 catch an occasional glimpse OF
the principal figures in the tragedy.
The absence OF women IN the courtroom
continued, and not one even approached
1t.
Philip sat with his head slightly
bowed during the morning, especially
during the testimony OF Hazel Davis.
but his spirits were revived when his at
torney had concluded his statement to
the jury. He was clothed in the same
striped suit which he has worn for the
last few days. WiLn a white negligee
shirt ald black bow tie. Every trace OF
nervousness tnGJ he displayed during
the preceding days OF the trial left him
when Assistant DistriCJ Attorneys Tur-
ner and Mcnamara announced that the
Govern rlert's case was in.
There rad been q slight fear that the
Government might spring some UuaX-
pected -rstinony, but that fear alayed
and III case Of self-defense 50 strongly
outlined by Mr. Davis, the defendant
and his brothers announced themselves
as confdent of a quick verdict Of ac-
ouittaI. Mr.. Davis made no effort at
o~atory during his statement. II vas
siuple outline of a defense which u
.y,,Iid seem impossible for the Govern
-nent to batter down. II he can prove
Nv testimony what he claims ne can,
a,.e-. members Of the District Attorney.
ofr,-s admit that he cannot be convicted
OF either murder in the first degree
,,,,,r5er in the second degree. or even
manslsughter.
Hazel Davis Testfes.
Hazel Davis took the stand as soon as
.c,.r+ onened. She was examined by AS
sistanr District Attorney Mcnamara
She testified that she had known Philip
for six weeks preceding May is, 1907.
pbiIin went 10 her house, on Ohio ave
nue gaartly before o'clock the morn
inc OF May IS. she said, and they left
tbe house together, going 20 a restau-
rant on pennsylvania avenue near the
willard. There they met Mr. Minitrea
and Mr.. Taylor who has been referred
70 as Buck" Philip suggested that the
entire marty take "a ride ln the autOmO-
biie which he had hired for the night.
and NIinitree wanted 10 get friend Of
his named Martha, VINO lived at 1440 g
street. They got this girl and went 10
the house. 1891 Z street, Where they had
some drinks
when did you first see MaCGboy2'
asked AIr Mcnamara.
He came into the house lsJt { street
while we were there" said Miss Davis.
when you went out, what did you