The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-06-11

Was Made Out by the Common
wealth.
When court adjourned at . o'clock
last night nearly all of the evidence In
the Davis murder case had been heard,
and 1t will be given to the jury today.
a session of court last night enabled
great progress to be made in trying
the case.
The commonwealth, after making out
a very strong case, rested last night.
and Attorney John j. Murphy opened
the case for the defense to the jury.
His contention was that Michael Davis
was compelled to take the life of Peter
King to save his own life, and therefore
the killing was iustifiable. The defense
rests almost solely on the testimony Of
Davis, which was heard last night.
After court opened yesterday morning
Attorney Louis Gramer opened the
case for the commonwealth. Coun-
ty Surveyor Nj. =. Mitchell iden-
tilted drawings of the premises where
the shooting was done and Joseph
Kraft did a similar service for photo
graphs of the rooms which he took.
Charles Roth. q clerk in l.. X. Parker's
gun store, testified that on Feb. Is
Davis was in the store and he sold him
a 3S-calbre revolver and ten cartridges
for it.
John Anderegg, a bartender in John
Batter's saloon on Lackawanna ave-
nue., testified that Davis and a friend
were in Batter's on the afternoon OF
Feb. 15 and practiced shooting at a tar
get for some time. County Detective
w. A. Phillips identified Kings cloth
ing, as did Justice of the Peace O'Neill,
of Minooka. The latter also told Of
finding a hole in the ceiling of the bar
room at Sullivan's, where a bullet had
entered and a window in the front which
had been smashed by bullet. A fiat
tened bullet was found outside on a
porch.
Coroner j. F. Saltry testified to the
autopsy he made on the body. There
was one bullet hole in the breast and
two in the abdomen. The former
caused death.
FIRST EYE WITNESS.
Patrick Sullivan was the first eye
witness called for the commonwealth.
He was the proprietor of the saloon
where the shooting occurred Sunday
morning, Feb. 16. Peter King came
into his place on Saturday night about
8 o'clock and stayed there until the
time he was shot. Davis entered the
place soon after midnight.
What did he do when he came in?
Walked over to where King stood at the
end of the counter.
What was Peter King doing when Da-
Wis came in? He was standing at the
end of the counter.
Who was standing with him. If any
one? Nobody with him. / was directly
behind the counter, talking to him, near
the end of the counter.
What did Davis do when he came in?
He stood beside Peter King.
Then they were close together We're
they? Yes, sir
What did Davis say or do? They be-
gan to talk about the subpoena imme-
diatcly.
What subpoena? Subpoena on a case
some time previous to that; some time
when Davis and Decker subpoenaed
Peter King and a fellow named Patrick
Scofield as witnesses.
What did King say? King told Davis
that he acted very ungentlemanly in the
way he subpoenaed him, and King said:
"I was going all right, but l wouldn't
go until I wanted. and you couldn't
make you co. and King said, NO YOU
couldn't. and no other policeman and
Davis said. "Yes. | could; l could take
you through knot hole"
That was what Davis said to King?
Yes, sir: King says, mo Davis, you nor
no other policeman could take me until
I wanted to CO." "Yes," said Davis. II
tone: Davis didn't seem to be excited
or anything. My father called Davis
into the other room and talked to King
and told him to drop it and not be
foolish, talking such nonsence. "All
right" said King, 81 am only fooing
with him."
BEGAN TO TALK TO KING.
What else happened? After Davis
came out of the room, he stayed on the
back side of the room. directly across
from the bar, and began to start to talk
to King again and attracted Kings at
tention.
What did he say? I would not he sure
what he said first. King said, you're
no Good,' and Davis said you're no
good" Davis spoke up kind of mad, II
am as good as you,' or something like
that. and I told King to stop it. Some
one asked Dan Cotter to sing song, and
said. "Go on, Dan. and sing
thought they would forget the argu-
Davis walked across the room to Decker
and got Decker by the hand, and while
he was shaking his hand, said "'rhis is
the best Irishman in the house, and I'll
back him up" and he looked directly at
King.
How far was King away then? About
ten feet from where Davis was then, and
then Davis retreated to the back side of
the bar and King walked over to talk
to him. and John Ruane walked be-
tween them to say something, and King
says, "You get back" and pushed him
with his left hand, sit Is none of your
business" Ruane had his hat knocked
off when he was pushed, and he picked
1t up and walked away. Davis and King
had few more words and King came
back to where he was at the bar. Davis
stood a while as If he was thinking or
considering right where he was, and
then walked right into the front corner
and nut his hand In his coat pocket, and
John Ruane walked up to him from the
other corner and said to John Ruane,
"Get back and stay back" Ruane
went back and Davis looked over to
King and yelled out, liking you are a
great big brute" and King walked over
and said, "I want to talk to Davis.' and
when he got near him Davis pulled the
revolver and fired over his head, and King
reached with his two hands and Davis
arm dropped down, and from my posi-
tion | couldn't see which way the bull
let's fired lie kept firing and In probably
two second fired the whole five shots.
HE NEVER SPOKE AGAIN.
What did King do? After King reach
ed out his two arms, he never seemed
to move or speak; he never spoke after