Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-01

he did not think Macaboy had Oeen nit. ne
said he went around to his room after
the shooting accompanied by Mr.. Preast
and Law on his he'd. He said he was on
his bed short time. and thai he heard
. knock or rafting on the door. He arose.
The officers were there. Mr.. Taylor was
; with the officers.
. Philip again testified that his impress
sion up to that time was that Macaboy
had no. been hit.
1.-The policemen gave me the first I'M
preston that anything wrong had happen
ed" he remarked.
Questions were asked relative to wheth-
er Philip had said to :he officers: 4 used
a blank.
Philip said he did not recall much about
n He went TO the police staff in the
same automobile he had been rlolhe
around in all night he testineo nd, ne
declined to talk while at the police sta
ton.
Not in Good Physical Condition.
Philip testified. after sparr'ng oe'"ee"
the lawyers as to the proprie'H oi wy
question. that his brothers adv'ce Hi'e'
the shooting impelled him to say no'h'hs'
The witness explained he arose AT noon
the day before the affair. after peins III
his room thirty-six hours on accoun; y"
illness He was not at all we'll. his weigh,
hainp 1875 mounds whereas MS h"tHhi
weight Ia I20 pounds. Attorney Jaw, 10
brought out the fact that Philip was III
Door physical condition. -
Philip stated he owed Macano! .,n,
money the day of the shooting. ana tna'
after the crap game Macaboy o"eu M"
$50. m,;u,
In reply to Mr.. Davis question Phihp
said that he had no intention OF shoo,lns
Macabov and that when he encohhtefeu
Macaboy in the hall he had many chances
to shoot him before he pulled the Trigger.
Attorney Davis asked Philip whether ne
was familiar with the practice or shootahs
lin
Mr.. Davis then Illustrated the method 10
the Jury with quick action OF MS rish'
hand. o,,ar
Mr.. Davis then turned the witness over
to the government. reserVlng .ne go
ask any question that he might have over
looked.
Mr.. Turner Begins Cross-Examlna-
ton.
Assistant United States Attorney turner
conducted the cross-examination
philip stated TO his questions that he
had known Macaboy for two years ana
during his periods of drinking was on
terms of comparative familiarity WIN
Macaboy.
Mr.. Turner tried to find out if Philip
had ever gone TO Macaboys home fnlip
declared he did not think so.
Mr.. Turner went over the ground COW
cred in previous testimony relative TO
Philips visits to various places.
The croSs-eXamination was i'll progress
when this report closed
Did Not Want Prosecution.
The fact that Frank Macaboy. facing
death from a bullet wound inflicted by
GAston Philip in the Arlington Hotel
the morning of May IL. 1907. repeatedly
declared that he did not want Philip
prosecuted was placed before The jury
in Justice Barnard's court where the
murder trial is in progress, on two diff
ferent occasions this morning. Col.
Peter Taylor manager OF the Arlington
Hotel. and Thomas LeCuyer of the CO.
lumba Hotel were the witnesses who
gave this evidence. regarded as ex-
ceedingly important for the defense,
though Assistant United States Attor-
neys Turner and Mcnamara secured an
instruction by Justice Barnard to the
jury that the dying statements OF the
cab driver could not be held to preju
dice the right of the government to
prosecute the charge of murder against
the defendant.
Col Taylor said he spoke to Macaboy
a. the latter was lying on the floor of
the fifth floor corridor of the Arlington
q few minutes after the shooting. and
he heard the cabman say, in referring
to Philip: He shot me all right. but
don't want him to be punished for it,
Interview Was Dramatic.
Mr.. LIE Cuyers interview with Maca
boy was still more dramatic. He visited
the wounded man in the Emergency
Hospital about ten hours before his
death. and to him Macaboy said: This
IL a grand old world. and there are lots
Of good people In it, am going 1
don't want to 20. My pal shot me. but /
don't want to nave him prosecuted.
Aside from this evidence. practically
all of the testimony adduced in Phil
FPS behalf at the morning session of
Criminar Court No 2 related to the
character of the deceased cabman. Wit
ness after witness declared Macaboy's
reputation was very bad and two men
said they had warned Philip Of the
danger of associating with such char
acter.
Interest In the trial appears to have
increased rather than diminished. and
the courtroom was crowded all day.
while many persons unable to squeeze
into the room sought points of vantage
in the windows of adjoining corridors
of the building. whence they could
watch the defendant and the witnesses
who appeared in his behalf.
Tell Of Macaboy's Reputation.
Charles W. chapman. cOOred. can
driver the first witness today. stated he
has known Philip about three years, and
he knew Macaboy about four years. The
morning of May IL. 1907. witness said. he
saw an automobile running through lais
street about o'clock. with three men
and two women in it. and Macaboy
standing on the running board. Subse-
Quently Chapman went to barroom and
he there saw Macaboy and Philip play
ing craps. and heard Macaboy say to
Philip: -Four six. eight. you lose.
Chapman left the saloon. but returned
in a few minutes. and Philip and Maca-
boy were still shaking dice. Witness
heard the bartender. Carroll. say to Mac
aboy:
You'll have to cut this out Frank
and Macaboy answered. ''Oh. that's all
right.
Witness said Macaboy had a bad repu-
tation. that he was known "A fighter
and a bully.
The salient point involved in the exam
ination of Harvey w Coleman another
cabman and the next witness. concerned
the financial situation OF MacabOy. Wit
ness said Macaboy was talking to him on
the subject about three four DAYS be-
fore his death. but objection by Assistant
United States Attorneys Turner and Nc
Namara resulted in Justice Barnard rul-
ing that Coleman could not state what
Macaboy said. Speaking of the reputa-
ton OF the deceased. the witness said:
He was considered quite a scrapper't
Joseph Peyton. coiored. driver OF public
times a waiter the officers mess I'm
call AL rod