Omaha daily bee., 1895-03-13
CONVICTS AGAINST DAVIS
Prisoners Testify that the Lincoln Negro
Told Them He Wrecked the Train.
PECULIAR REASONS FOR THE CRIME
Expected TO Destroy the Track, Flag the
Rock Island Express and Obtain
Rewards from Passengers
and Company.

LINCOLN. March 12.-(special Telegram)
The state rested at noon in the Davis muir
der trial. Some sensational testimony was
brought in by Warden Bsemer who appeared
with two convicts in charge, George Metz and
Bob Barrett Barrett hae been in the pen
only a week He testified that while lying
in Jail with Davis the defendant had told him
that he and two other men had wrecked the
train and that he would never give their
names away and the could hang him and be
id. Witness said that Davis had further
told him that II was not their object to
wreck the train, but to destroy the track and
flag the train and get a reward from the
company and passengers but they had made
a miscalculation and did more than they had
intended. The jury seems TO look with some
suspicion on this convict evidence. The de-
fense opened this afternoon.
Sam Dunbar, colored, lived at the colored
club house in the rear of the Lincoln hotel at
the time the wreck occurred Was there on
the morning when Davis showed up. The lat
ter appeared exceedingly nervous, and he
walked from room to room. At that time de-
fendant had said that he believed he would
strike the Rock Island road for job on
account of the work done by him on the
preceding night He said he believed he was
the only one on the train who had escaped
unhurt. Dunbar said he had taken four or
five drinks with defendant on that morning
who played remarkably poor game of pool
although usually a good player. When Davis
had come into the club room he was in his
shirt sleeves, remarlSing that he had lost his
coat in the wreck. He supposed it was burned
| up, and 1t had money in the pockets.
The state offered in evidence the monkey
wrench, tie, crowbar angle bars, pnchers and
| other implements and pieces of railroad iron
| found Immediately after the wreck. Defense
| objected to admission Of all the articles eX-
hp q
STORIES CREDITED TO DAVIS.
Davis had told Ernst Tyrer, farm hand
employed by Fred Lonsdale, a couple of
weeks before the wreck, that he was tired Of
| farming and would soon go on a railroad.
On the Sunday preceding the wreck witness
and defendant played quoits. During the
| game witness tried on Davis coat. Found
| it too long in the sleeves and too wide at the
| waist. At this point the sack coat found in
| the weeds near the wreck was produced by
the state. When fitted on witness it was
found too large in the directions described
Tyrer admitted that he knew that Lonsdale
| was out for the reward offered by the Rock
| Island road for the conviction Of the
wrecker but declared that he would get none
of 1t.
While Bob Barrett, one of the convicts
brought in by the warden Of the pententiary
was up for cross-eXamination, Attorney
| Adams of counsel for defense asked: Didn't
you were sentenced?"
"Yes, SIR
wasn't it done for the purpose of getting
lighter sentence?"
81 thought would get 1t little easier"
isn't it matter Of fact that you had II
in writing that you were to have one yeai
only for pig stealing by turning states ev-
idence?"
Witness hung his head and finally an
swered that he saw written statement il
the county attorneys hands, but had moi
read it.
'Did Captain Woodward come out to tht
penitentiary to see you about your testimon!
in this trial?"
YES"
"When?"
Last Wednesday,"
"What conversation did you have will
him about it?"
"Well, he asked me what Davis had sait
to me and told him.
For the defense in the afternoon, Johr
Roberts testified that the misplaced rail wa:
struck by the wheel Of the engine. Had no
ticed that part of the spikes had been benz
when the engine had passed over them
Roberts also testified that he believed thu
work had not been properly done by the sec
tion hands. DR.. Heaton said that when he had
passed over the bridge where the wreck oc
Cured August there was a sudden jal
which startled him, as also the conductor
Defendants counsel asked the court to allow
the jury to inspect the scene of the disaster
but the court did not decide the point at thi;
time. and n recess was taken at 3 o'clock tc
permit the defense TO get its witnesses to-
gether as the state rested sooner than had
been antiCiDated.