Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-05-02
THE sTARKEY-DAvIs DIFFICULTY
The Case Disposed OF Yesterday -Da-
Wis Fined Twemfy-fIv Dollars.


The Case disposed OF Yesterday-Da-
Wis Fined Twenty five Dollars.
Our readers are familiar with the fact
that on Tuesday last, officer Starkey ar
rested j. B. Davis, on the charge of being
drunk and disorderly, on which occasion
Davis resisted the officer; whereupon Star
key used his mace 10 manner which some
Of the bystanders considered unnecessarily
harsh and cruel.
The case came up for trial yesterday
morning, the Police Courtroom being
crowded with spectators. Davis pleaded
guilty to the charge of having been drunk
aid disorderly, and owing to this fact but
two witnesses were called. These were
Mr.. Layine, who keeps a fruit stand on
Cherry street, opposite the Maxwell House,
and Mr.. G. N. Thornburg. Lavine stated
that Davis visited his stand last Tuesday
afternoon while in an intoxicated condi-
too, and grabbed up two handsfull of pea
nuts. He told Davis to either pay for the
peanuts or ptI. them back, whereupon the
latter threw them about the sidewalk, and
called him offensive names. The wife Of
the witness was present, and he ordered
Davis to leave his premises, saying that If
he did not, be would have him arrested
DAYS. replied That he didn't think anybody
could arrest him, and then having went out,
met officer Starky and told him to take
Davis in charge.
This wasthe substance of Lavine's testi-
mony, AID that of Tbornburg was merely
confrmatory of Lavine's statement that
Davis was drunk and disordery. Upon
this testimony, Davis was fined s..
He was then tried upon second charge
that of having resisted an officer while in
the discharge ofhis duty. In this case, he
was defended, by Frank Reid, w. G. Brien
app airing for the cooperation; The follow
ing witnesses were sworn and put under
rule w. Williams, Henry Knighton, VIM.
Dungy, V. K, Harris, NJ. M. Parmele, Robt.
Weakley, G. N, ThoTnburg, A. Lavire, w.
H. Harrison, III. A. Sykes, N. @. WickmaD,
T. Samuels, W. D: Terry, g. B. Hook,
Z W. Pritcbett, Hugh OvertOn, Capt.
Taos. Ryman, Van Holman, G.. b.
Hank, - Bsyless, = Comfy, Tom. Cha :
wei ,'Jr rames Carter, Charles HOLSTER,
Ben Ho6son, j. NJ. Pulum, j. w .Groomes,
Nj. Carver, Paul Schoerpley, John B. Carter.
The following is the substance Of the tes-
timony elected:
Mr. Thornburg, called for the Corpora
toni heard Mr. Davis tell Mr.. Sharkey
that he couldn't arrest him aliye; he tried
to take the mace from Mr.. Sankey's hand,
and he called on his associa. es to assist
him, and then Mr. Starkey called Oh the
crowd to assist him. Davis ran into my
store, Starkey following him; Davis wrested
the mace from Starkey; saw Davis strike
Stsrkey several times with his fist; he also
kicked at me.
| Cross erdmined.-When / first heard the
| disturbance, Starkey, Davis, and Lavine
were talking together; Davis struck the
| first blow; Starkey attempted to strike, but
missed his aim; Davis was about half
| drunk; when Davis seized hold of the
mace Starkey told him to let go, saying he
didn't want to have any difficulty with
| him.
Capt. Rymdn CdlLed.-I saw the diff
Guilty between Capt. Starkey and Davis;
Davis resisted good deal; saw him kick
| Mr.. Starksy; heard Starkey tell him to be-
| have. that he didn't want to hurt him; saw
| Davis pick up rock; saw Davis falling,
seemed as though somebody had hit him.
Cross examined Didn't see Mr.. Davis
before Mr.. Starkey made his appearance;
| Davis seemed to be drunk; there was a
| lATSB CIOMH d4OHuAf Laws haS OOWA
! scuffiing on the ground at one time; two
men were helping Starkey; think the last
time Starkey struck Davis, 1t staggered
him; don't know anything about the origin
of the difficulty.
A. Lduine Cdlied.-Davis sad he
| woulda't 60 with Mr.. S arkey at all;
went after Starkey to arrest Davis Davis
had difficulty with ne and wanted me to
90 out in the street and fight him; didn't
stop to sea the difficulty between Davis and
Starkey, but saw a big crowd gather
around.
Col. Williams CdLled.-I saw Mr.. Star
key attempting to arrest Mr.. Davis, WHIT
seemed to be resisting; be appeared to be a
powerful man saw him strike at Mr.. Star
KEY several times; heard the policeman SAY
he didn't want to hurt him, and called upon
some One to assist him.
-erdinined.-Suppose the man re
sisting the officer was drunk, was Their
two or three minutes; there was a larg
crowd.
Robt. WeakLey CalIed.-Saw Mr.. Stsrke,
trying to arrest Davis, who resisted an
struck at him two or three times; say
Starkey raise his club once; don't know
whether he hit him or not /; if he strue
him, it seemed to be a light tap; in tn
struggle, Starkey's clu0 would probably b
in various positions.
C.. B. Hdlgk Cdlled.-SaW Stsrkey tryin
to arrest Davis; heard Davis say he woul
kill the officer before he would allow him
self to be arrested heard Starkey say b
didn't want to hurt him; am strange
here, and at the time didn't know either O
the parties saw the officer strike bin
once, but thought he ought to have hit hin
! before; heard Davis say, 81 am one c
the bloods, and no G-n S-n OF Abb cal
arrest me )" saw him kick and strike tn
, officer several times; the officer said b
didn't want to burt him.
, Cross erd1nined-There was a big GROVE
present; di. MT see the difficulty when it orr
3 ginat d; when | first saw the parties, Star
kew had hold of Davis, and Davis was kick
: ing. like smoke; Davis friends tried to ge
| him to go with the officer; saw Starke
: strike Davis once on the forehead mid
dim bloW-it wasn't SO burned stif ethel
afterwards saw Starkey hit him again; ha
nothing else to do, and l followed then
around to the station house; it's my Opinio
that the officer was justidsble in strikin
; the man; remarked the nsxt morning tia
Thought the man who would resist an of
Ger in that way ought to be killed.
FL. II. Harrison cGlIed-I saw Mr.. Dav
j hitting, kicking and raising rocks again'
: Stsrkey; heard Starkey calling for hell
e thought Davis was very strong and dan
j gerous man, and that Mr. Stafkey observe
: a great zeal OF forbearance
} M. N. Pdrmele cGLLed-SaW Starkey b
J Davis with club once; then saw DaV
lying on the pavement, and went of.
Cross erdnlined Thought Davis was I'll
der the influence of liquor; heard Starkt
S say he didn't want to hurt him; friend 1
Davis was trying to get him to go.
> Y. r. Harris CGlled-Ssw Stsrkt
: knock Davis down; Davis refused to E
/ with him.
. Cross Erdmined-Was about two stel
u off when the blow was given; when tir
saw the parties several men had hold
Davis; heard Starkey strike Davis the tir
: time.
L Harry KnightOn called Saw Davis +
: sisliDg the officer; he was kicking; dor
: know whether he was kicking towards u
officer.
n Gross ErGmined-There were two OF
= ers with the officer; didn't sea the ofhe
d strike Davis.
q II. y. Sykes cGlLed-DaVis is a frieI
> of mine; l helped Starkey to get Day
!, along; Davis got away from us sever
ti,nes. he ia a stOnt man: he kicked at m