The Savannah morning news., 1904-02-27
CRIME OF DAVIS
NOT DEFINED
OFFICERS ARE PUZZLED.
DAVIS DIDN'T INTEND TO KILL HIS
PARTNER.

So Far as Davis Intentions Were
Concerned killing of Prey Was an
Accident-NeErO Was Guilty of an
Unlawful Act with n Weapon
Likely to Produce Death, How
ever, If He Assaulted Red-CIaims
Prey Beat Wntchman and Red
Killed Prey.
With Hector Davis, colored, in Gus
tody. Chief Deputy Sheriff Sweeny and
party returned from Skidaway yester-
day morning.
The negro is a prisoner in the coun-
ty Jail, but there is no charge opposite
his name on the blotter. The officers
do not know just what charge to lodge
against him under the peculiar circum-
stances connected with the killing of
Emanuel Prey and the beating of
Watchman Liche Red on Warsaw, an
account of which was given in the
Morning News.
Not until an inquest over the body
of Prey is held and the coroner's jury
has fixed the responsibility for his
death, will a formal charge be entered.
Coroner Kellar will hold the inquest
as soon as Red, who is still at the Sa-
vannah Hospital, is able to appear and
testify against Davis.
When the officers left for Skidaway
to capture Davis, it was not known
that Red, the Waterman, would live,
and it was thought Davis would be
wanted on the charge of murder Red
is now almost certain to get well.
Prey's Death an Accident.
The question now is whether or not
Davis is guilty of murder for killing
Prey. There is no doubt that the kill
ing was purely accidental, but it took
place while Davis was committing an
unlawful act.
1t will be contended by the officers
that Davis were assaulting Red with
a weapon likely to produce death, and
that he is therefore guilty of murder
ing Prey, as the latter was killed while
the assault was being committed. 1t
will probably be advanced by the de-
tense for the negro, that he did not
intend to kill Red. as he could have
shot him as easily as he beat him with
the gun. The answer to that conten-
ton will be that Davis did not know
whether the shotgun was loaded or
not, and in the excitement of the fight
could not take time to investigate.
The arrest of Davis was made on
Skidaway Island, where his home is
located. He was found not far from
his house, and it is thought he was
preparing to make his escape. The
officers surmised he would return home
for short time, and then try to get
away. They therefore proceeded to
Skidaway with all possible speed They
were worn out by their trip when they
returned to the city, having been up
all of the previous night.
Davis Tells Different story.
Davis tells an entirely new story of
the affair, but one in which there is
a fatal weak point. He was seen in
the Jail by a representative of the
Morning News and said that Red killed
Prey. He also claimed that Prey adj
ministered the severe beating that Red
received. His story, however, does
not explain how the stock of Reds
gun was broken.
Davis claims to have been meEely a
spectator while Red and Prey fought.
He attempts to account for the wounds
ARC0 ACNClNCu " saying IIty ndQ d
gun and that this was lost in the river
From the condition of Reds gun, now
in the possession of the officers, it is
very apparent that some one was
beaten with it. The stock is broken,
and Red alone bears marks of having
been hit.
Claim of the Negro.
According to Davis he and his COM
panion were apprehended just as Red
stated. They were dumping oysters,
he says, when Red cursed Prey A
fight followed, in which Prey assaulted
Red, and Red shot and killed Prey.
This is the story Davis tells.
At the inquest it will be decided
what grade of crime, if any, Davis
should be held for. He will, OF course.
be held for assaulting Red, though he
denies that he had any part in the af-
fair. Coroner Keller visited Skidaway
and viewed the body of Prey. The
negro had been shot in the stomach.
Relatives of the negro had carried his
body to his home. Permission for it
to be buried was given by the coroner
after the examination had been made.