Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-28
the weekly lunacy hearings. which were
set for o'clock

the weekly lunacy hearings. which were
set for o'clock.
The Afternoon Session.
James o. Brest clerk at the Arlington
Hotel was the first witness called after
recess. and he testified concerning the
sequence OF events at the hotel imne-
diately following the shooting. The alarm.
| he said. was brought to him by the ele-
vator operator. and he went Immediately
to the fifth floor of the house. found
| Macaboy lying in the corridor and Philip
| a short distance away.
The witness stated he commanded Phil
ip to go into nearby room. which was
vacant. and he found a revolver In Phil
ip's coat pocket. It was a double-acting
weapon. and Mr.. Brest broke" 1t and
found no empty or loaded shells in it.
Z, However. he smelled the barrel OF the
revolver and detected the ordor OF burnt
| powder
| The revolver was placed in evidence and
Attorney Davis. for the defense. said 1t
would be admitted that the weapon was
| the one.
The Jury Completed.
The selection of the jury which will
determine Philips guilt or innocence was
completed late yesterday afternoon and
after every one felt that it would be neces
sary to devote still another day Of the
courts time to this necessary preliminary
to the case When the second special
panel of thirty talesmen were exhausted
yesterday morning. and Justice Barnard
| issued an order for another twenty-five
summons to issue. il was felt that jury
acceptable to both sides would be chosen
with comparatively little more delay: but
the names produced in the formal draw
| ing by Marshal Palmer were scattered
from end to end of the District of CO.
lumbia. In fact. one of the talesmen
was a resident of Giesboro Point and
another of Tenleytown.
| The result was that the returns by
the deputy marshals. who had been hast
| lily dispatched In search Of prospective
| jurors at noon, were distressingly slow,
ami the responses Of the men upon whom
were still slower Only two talesmen
| were in court when Justice Barnard as
| cended the bench at ! o'clock, and neither
of them were accepted. Then came
torneys. the defendant and the spectators
| turning uneasily in their seats.
Half dozen talesmen reached the
! courtroom between and 8 o'clock. but
o'clock Justice Barnard was in the
| act of ordering an adjournment until to-
day when William E. Lacey. a florist. Of
Good Hope. D. c., reached the scene. He
answered oil questions SdtISIdCIOIlIy anu
was seated. and after brief conferences
United States Attorney Turner for the
government and Attorney Davis for Philip
announced themselves satisfied with the
jury.
Will Decide Philips Fate.
The twelve men who will decide CASTOR
Philips fate are:
George C. Wright Southern railway
clerk. 532 10th street southeast; Robert T.
Chatterton. real estate. 612 18th street
northwest: Thomas J. Ryan. ironworker.
loo street northwest: Henry J. Weigel.
| jeweler, 80 Quincy street northwest:
George w. Mason. colored. undertaken.
5O3 Nichols avenue. Anacostia: James D.
Finch. painter. 14OS North Capitol street:
Robert G. Callum, electrician, 1923 De
! Sales street; John H. Cook, electrician.
524 sth street northeast; George 1. Gardi-
ner. grocer. 1908 14th street northwest:
William B. Denham, grocer. 1748 9Th
street northwest; T. Edgar Rollins. gro
Ger. 400 7th street southwest; William e.
| Lacey. florist. Good Hope. D. C.
| The panel was sworn and placed In
charge o: a corps OF deputy msrshals and
| later locked up for the night. Like the
| jury which has been in service In Grim
| inal Court No. l In the alleged land frauds
| trial for the past two months, this panel
in Criminal Court No. will be held to-
dence and the final arguments and have
given their verdict.
As soon as the jury was seated Assist
ant United States Attorney Turner made
the opening statement of the case as the
government expects to prove 1t. and as he
recounted the grim details Of the tragedy
which resulted In the death of Frank
Macaboy. cab driver and Philips COM
panion Of night of revelry preceding
the shooting, the defendant sat with head
hAx ia CT md al 1n11 chA
intense appreciation of the serious sit
uation in which he has been placed. All
witnesses. except the physicians and char
acter witnesses. were excluded from the
court as Mr.. Turner began. and among
the last to depart was an aged. white
haired man-the father OF Frank Maca-
boy.
The Governments Case.
Mr.. Turner read a portion Of the in
dictment. which set forth the fact that
Philip stands charged with premeditated.
malicious and willful murder-nurder in
the first degree. He said 1t would be
shown that Philip and Macaboy. with
other companions. spent the night of May
II, 1907. In that section of the city known
as the tenderloin: that Philip, Macaboy
and man named Taylor gambled with
dice for money and for pieces of jewelry.
and that a quarrel ensued over possession
OF one of the pieces OF tewelry.
''Ie 1t should appear at the conclusion
Of this case Mr.. Turner continued. that
the defendant. angered at the attempts
Of Macaboy to make him gamble: or at
the rough and gruf attitude Of Macaboy.
or AT Macaboys interference. which, will
show. prevented him from returning to
the house in which he declared he would
remain over night. and that Philip went
to his room and. with malice premedi-
tated. obtained the weapon and DELHI
erately shot the cabman. the government.
gentlemen of the jury. will ask for a
verdict of murder in the first degree
If 1t should appear that the shot was
fired without generalization. we shall ask
for verdict Of murder in the second
degree or for one of manslaughter
Mr. Turner described the movements Of
Philip and Macaboy about the tenderlo.n
on the night of the tragedy. going into
particular detail from the point where, he
said. Macaboy. Philip and Taylor drove
up to a certain house in Philips automo-
bile. and where the defendant had an
nounced his intention of spending the re-
mainder of the night. The assistant dis
trict attorney said:
1T will be shown that when the party
reached the house in question the defend
ant. Taylor and Macaboy all got down
from the machine. and that. for some
reason. Macaboy objected to Philip enter
ing the house. We then propose to show