The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1906-02-02
THE DAVIS TRIAL.
Monotony Broken BY Testimony Of the
Defendants Son.

OeIenuhht's son.
| In the Davis trial yesterday morn
| ing the defendant was excused from
the stand about the middle of the fore
noon, after having been witness fo
himself since Monday. But little Of
Importance was brought out in his tes
timony yesterday morning, though
more or less interest was aroused wheI
in answer to questions from judge
Fee, Davis testified as to his personal
habits.
Following the elder Davis the de
Tense called Ben K. Davis, son Of the
defendant, to the stand. He qualified
as an expert upon handwriting and
testified in a tone and manner that
indicated preparation for the ordeal.
However, ON cross examination by
John McCourt, young Davis blundered
seriously in claiming that certain en-
tries were made by his father, when
it developed that they had been made
only last month, when his parent had
no connection with the office.
Young Davis corroborated the tes-
timony of his father concerning the
time that he and Judge Fee went to
the sheriff's office to talk with his
father about the shortage. The wit
ness stated that he had made a study
of expert handwriting, having taken
a course in a business college in Port
land. Being handed the noted page
with the erasure ON it he said that the
changed figures were not those of his
father. The figures carried forward
in the ledger he said We're in Funk 8
handwriting and all the figures pre-
ceding and following the changed en-
try were those of his father. In all
the testimony on the figures his testi-
mony was identical with that given
by his father.
The witness also gave information
concerning the financial standing of
his father He said they were not
flush with money and had to borrow.
He also testified that they were in
Walla Walla during most of the
month of March, 1902, when the big
change was made in the blakely
books; that he didn't remember of his
father coming down to Pendleton but
once during that time.
On redirect examination by Judge
Fee the defendants son was asked how
he could distinguish his fathers writ
ing. He then explained that the
stems of the sevens and mines made
by his father were straight and did
not dwindle to point. Also that
rarely did stem extend below line.
He was then asked as to his opinion
regarding who had made the $3400
change in the Blakley ledger. His
reply was that the writing was not
his fathers, but appeared to be Funk g.
Attorney MoCourt then took the
witness and showing him a page in
the collection register for 1902.
''In whose handwriting are those
fgures?" he asked.
My father's," replied young Davis.
"And nearly all of the stems of the
sevens and mines extend below the
lines, don't they?" continued the
attorney.
eyes, SIR" admitted the witness,
"but they don't taper to point"
Another book was then handed the
witness with the explanation that it
was the register for 1904, and he was
asked as to whose writing was upon
certain page.
"My father's." again replied Davis.
He was then asked to read the dates
of the entries and found they were in
December. 1905, and January, 1906,
and consequently made several months
after his father had left the sheriff s
Office.
"Then that is not your fathers
writing, !" said the attorney.
mo, but it resembles it closely,
and 1 mistook it for his in the short
time had for inspecting it,, explain
ed young Davis.
The district attorney then asked that
the particular pages inspected by the
witness be marked for Identification
and after few unimportant questions
he was dismissed