Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-11-03
Express Messenger Davis Arraigned
in Criminal Court.
ASSAULT With INTENT TO KILL
Defendant Takes Witness Stand in
His Own Behalf.
IN HANDS OF THE JURY

| criminal Court No. under an indictment
alleging assault with intent to kill. The
| trial is the outcome of a sensational cpl
sode that occurred the morning of August
| 10 last, on the third floor of the building at
S21 Pennsylvania avenue. According to the
| allegations Davis at that time endeavored
| to take the life of Arthur Baumgarten by
firing several shots at him from a pistol
Intimations had been made that Davis
was guilty Of the theft Of sum of money
from the express company. and Baumgar-
| ten, manufacturer of seals and rubber
stamps, was at the office the morning of
the shooting, and identified Davis as the
! man who ordered and secured lead seal
that the express company declared was I'M
authorized and had been used for a dis
honest purpose. Attorney Fred. Beall ap-
Peared Tor the defendant. Assistant United
states Attorneys Taylor and Semmes rep
| resenting the government.
Inc case, from the standpoint Of the
prosecution, was briefly outlined to the
jury. after which Mr.. Baumgarten was
called as the first witness for the govern
ment He stated that he had been called to
the express office to identify a man who
nad purchased certain seal from him.
L stated that l was sure Davis was the
man. said Mr. Baumgarten. and he called
me a mar He then fired a pistol at me d.
rect Three other shots were fired"
Continuing, the witness testified that
III
or last June, and ordered seal for use In
trunks and baggage. The seal was deliv-
cred to Davis three days later
superintendent Hockaday n Witness.
Inc next witness was John B. Hockaday
assistant superintendent of the Southern
Express Company, who said that Davis en-
tered his office the morning of the 10th of
August about 9:45 o'clock.
Mr.. Baumgarten was there for the pur-
pose OF identifying man who had pur-
chased a lead seal from him Mr. Jeitb
VINO was present, remarked to Davis:
MI Baumgarten identifies you as the
man who purchased a seal from him."
Mr. dockaday went on to say that Davis
drew a pistol and fired at BaumRarten.
Just as the weapon was discharged Mr.
Le1th caught hold of Davis hand and
turned the course of the bullet. According
20 the witness. the seal referred to was UNI
authorized, an impression from 1t having
peen used on pouch, sealed at Montgom-
cry Ala, and destined for delivery at New
\ ork One thousand dollars was stolen
IRON the pouch, declared Mr.. Hockaday
ana whoever opened the pouch undertook
to cover up the theft by the use of the
unauthorized seal
on cross-examination Mr.. Hackaday.
gave the information that messengers in
the employ of the Southern Express Com
pany are required by rule of the company
to carry pistols while duty.
The Detectives Story.
George E. Leith, detective, who. in con-
nection with the case, used the name Leon
ard, who was present at the time. told of
the events leading up to the shooting sub
stantfally as described by the preceding
witnesses.
Mr.. Leith explained that he had been de-
tailed from New York to investigate the
loss of $1,000 by the Southern Express Com
pany.
Heard the Shots.
Lawrence Satterfeld, secretary to Mr.
Hockaday, was In adjoining room to
that occupied by Mr.. Hockaday and heard
four shots fired. The witness entered the
room where the shooting occurred, and
locked the door In order, he said, that the
party who did the shooting could not es-
cape.
Policeman T. NJ. Sullivan testified that
he assisted in the arrest of Davis.
j. L. elliott, special policeman who
placed Davis under arrest, told of that oc-
currence, and also testified regarding
statements alleged to have been made by
the prisoner.
The government at this point announced
Its case closed.
Defendant on the Stand.
The defense first called Thomas j. Har-
ris of 681 South Carolina avenue, with
whom Davis boarded, and Charles J. Owen
to testify that Davis had borne a good
reputation. The defendant then took the
stand.
Davis stated that he is twenty four years
of age and was born near Farmyille
Prince Edward county, Va. He was reared
on farm. and entered the service of the
Southern Express Company Christmas
1896. The morning of the 10th of August
he reached Washington from Atlanta and
IN obedience to instructions, proceeded to
the office of Mr.. HOckaday
Davis next told the jury that he was
called into small room. where he found
Mr.. Hockaday, Mr.. Baumgarten and Mr.
Leith. Something was said about seal
and Mr.. Baumgarten nodded his head Mr.
Hockaday then remarked
You'd better give up, we have evil
dence that you took the money"
To this Mr.. Leith added: IN give you
five minutes to cough up the money"
L had never seen Mr.. Baumgarten," con-
tinued Davis, land was accused of crime
| was innocent Of. l was confronted by
three men in a small room and was allowed
five minutes in which to produce 81 900 |
knew nothing about. Under the impulse of
the moment l thought only of defending
myself. and not knowing what they were
going to do to me, 1 fired 1 had no tnten-
ton Of killing any one. l didn't want to
kill any one"
After a recess Davis was cross-eXamined
at length. The defense had no additional
testimony to offer, and the discussion of
instructions counsel desired the court to
give the jury then occupied attention.
The attorneys were arguing the case
when this report closed
Neither Miller Nor SaloOnkeeper.
To the Editor of The Evening Star: