The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-06-03

After listening to testimony for a week
and a day, and after about an hours
deliberation, a jury yesterday declared
that CASTOR P. Philip was justi-
fed in shooting Frank B. Macaboy, on
May IS, 1907. and inflictlng a wound which
caused the cabman's death in the Emer
gency Hospital on the night OF that date.
Two ballots were taken. the first being
nine for acquittal and three for a YER
dict OF manslaughter. The second ballot
was taken about half an hour after the
first, following an earnest discussion.
When the ballots were counted. the
twelve slips of paper had written upon
them, Not guilty"
Justice Barnard finished his charge to
the jury at $40 o'clock. The indictment
was handed 10 Robert C. Callum, cleo
tricaI engineer. OF 1723 De Sales street,
who was afterward elected foreman, and
the twelve men fled out and up TO the
second floor of the building to the jury
room.
Justice Barnard made it known to coun-
sci he would be in his office close to the
court room until o'clock and that he
would then go home to dinner but would
return at any hour up to 10 o'clock.
Verdict Is Announced.
A moment or two before 5:55 o'clock a
balif informed Justice Barnard the jury
had agreed. Counsel were summoned and
the spectators who had listened to the
4
their seats.
AS the jury filed in, Justice Barnard
warned the spectators against any demon
stration. no matter what the verdict
might be.
Clerk Mckee called the roll. and when
every man had responded to his name,
asked:
Gentlemen Of the jury. have you
agreed upon a verdict?"
I'VE have" replied the twelve men in
chorus
What is your verdict? Is the de-
fendant guilty or not guilty?"
Not guilty" responded the twelve men
together.
Despite the injunction against any
demonstration. ripple Of applause start
ed at the back Of the room, but was
stopped by the cries Of the court at
tendants for silence.
When the jury responded that a YER
dict had been reached. Philip looked up
suddenly at the clock and then squarely
at Foreman Callum, and as the latter.
with the others. said Not guilty." his
face broke into a smile. His forehead and
face were wet with perspration. but he
maintained his composlre shown through
the trial.
Capt. J. Van Ness Philip extended his
hand to him. and their hands met IN
long grasp Hoffman Philip. without
waiting 10 congratulate his brother, left
the courtroom to send a message detailing
the verdict % Miss Elizabeth Philip. a
sister OF the acquitted man. Attorney
Davis then moved the discharge of Phil
ip. and Justice Barnard formally dis
charged him on the indictment which
charged him with the murder of Maca-
boy.
Philip Is Congratulated.
After he had received the congratula-
ton Of his brother and Attorneys Davis,
Hoehling. and Kimball. Philip was sur
rounded by friends, who congratulated
him Accompanied by HIS brother Capt
Philip, and Attorneys Davis and Hoehl-
ing. Philip entered an automobile and
was driven TO the home of his sister. Be-
fore leaving the courthouse, he said he
expected an acquittal from the first.
Capt Philip said no plans had been
made by his brother for the future, be-
yond that he would go almost immedi-
ately to the family's country home near
Claverack, n. Y.
When court was convened yesterday.
John a. Heath, night clerk at the Arling-
ton, was recalled to the stand. He was
asked by Assistant District Attorney Tur-
ner as TO whether Philip was sober when
he saw him on the morning Of May Is.
The defense objected to the question, and
the objection was sustained, and Mr.
Heath was excused.
Robert Downey. cabman. was called to
contradict testimony given by David A.
Smith. another cabman. Smith testified
last week that Macaboy approached him
on the night Of May II. about lO:3O o'clock.
and wanted to borrow money stating he
would see Philip later and get some
Downey. when called 70 the stand said
he WIS present when Macaboy came IN
and the latter asked Smith 20 nav him
s. which ne owed him. Downey said he
did not recall hearing Philips name mem
toned. When Downey left the stand At
torney Davis informed Justice Barnard
that he had sent for Smith to place him
on the stand again, in view Of Downev'S
testimony, but had been informed that
Smith was Ill. He asked the court IN
take a short recess while Smith was
being located. Justice Barnard waited for
a few moments, and then ordered the
trial TO proceed. A short consultation was
had at the bench, which the official
stenographer recorded. and the govern
ment announced its testimony completed.
Mr.. McNamarR's Address.
Assistant District Attorney Stuart Nc
Namara then began his opening address.
He said the government would withdraw
its request for a verdict OF murder. first
degree. and be content with verdict
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