Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-10
TALKS OUT IN COURT
Davis Interrupts Witness at
His Trial for Fraud.
HIS PLEA TO BE INSANITY
Government Asked to Bear Expense
of Proving Asylum Record.
NELLIE M'KEOWN ON STAND
Tells of Investing $4,000 With Ac-
cused-Prosecution Out
lines Case.

Assistant United States Attorney
Proctor outlined to the jury today the
case of the government against John
c. Davis. the Washington attorney who
was placed on trial yesterday after
noon in Criminal Court No. before
Justice Stafford and a jury
He pointed out that the evidence to
be offered by the government would
show that Davis was engaged in
huge fraudulent enterprise to cheat
and defraud the citizens of this Dis
trict and nearby communities.
Mr.. Proctor told the jury that the
81 900 obtained from Miss Nellie Nc
Keown of Cincinnati and the $4,000
procured from DR.. Robert Lee Wilkins
of Alexandria came into the possession
of Davis on the representation that he
was engaged in securing loans for large
Washington contractors to carry on
building operations.
Among the alleged contractors were:
Thomas A. Owen. who, in fact, was cap
tain of a steam barge plying on the Po-
tomac; E. NJ. Austin, who really was
Miss Ellen M. Austin. young stenog-
Wolfe, who was Miss Bertha F. Wolfe, a
clerk in the pension office.
Cali Dupes of Davis"
For the moneys received from Miss
McKeoun and DR.. Wilkins Davis gave
notes signed by one of the three sup
posed contractors named.
All three of these persons, the assist
ant district attorney said, had been duped
by Davis, with whom they had previous
business relations The two young wOm-
en- he said, signed the notes in blank fol
Davis under the belief that the papers
+, sod hNv "a yyiQ
when he collected money due them. Da-
Wis had attended to all of the business
matters of Owen, and the latter had
signed notes in blank, to enable Davis
to adjust, as he supposed, curtallments
on other notes.
The prisoner sat unmoved during the
recital by the assistant prosecutor OF his
alleged shortcomings. He gaZed llStlessly
about the room and out of the windows.
appearing to be the least concerned
among the persons in the courtroom.
Martin T. Davis, who is also under in
dictment in connection with his brother
career of high finance. sat near the pris-
oner and occasionally advised with his
brothers counsel.
Counsel for the defense reserved the
opening statement. From his examfna-
Ition of the jurors yesterday afternoon
he made plain that he would claim the
prisoner was insane when the alleged
crimes occurred and is now insane
Miss McKeown Testifies.
The first witness examined was Miss
Nellie McKeown OF Cincinnati, Ohio,
who was making a visit here in March.
1909, for the Taft inauguration. She
told of the representations made to her
by the prisoner and Of her giving him
checks amounting to $1,000
She says she had not that amount
f~, h6r
brokers in Cincinnati, who hypothecated
certain stock for her and raised the nee
essary sum- Davis had her draw the
check to the order of w. E. Sisson
When asked If she knew Mr.. Sisson she
replied that Davis had not told her.
Davis Interrupts Testimony.
The prisoner interrupted the witness
saying:
He lived in Alexandria
| Attorney Davis tried to quiet his client
but he, continuing, said:
"Well, he did"
The deputy marshal restrained the plis-
oner. He resumed his preoccupied ap-
pearance.
But little difficulty was experienced yes
| terday afternoon in obtaining twelve
jurors satisfactory to the defense and the
government. Just prior to Adjournment
the following were sworn to decide the
case: William s. Harris, Thomas Rup-
pert, E. Richard Gasch, John I. Nolan
William E. Orton, Benjamin. r. King
George W. Pittman. George r. Pyles.
Joseph Gordon, George F. Pulaslu and
Norman l.. Fowler.
Government Asked to Bear Expense.
Attorney Henry E. Davis. for the de.
| fense, filed a motion late yesterday after
| noon to have the government bear The
expense of summoning two physicians
Julius A. Faison of Bennettsville. S. C.
and William H. Cobb, jr., of Goldsboro
| n. c., to testify to the insanity of the
prisoner in 1892. Mr.. Davis declared his
client is without funds anu that the evil
dence is necessary for the defense
Attorney Davis expects to prove tha'
the prisoner was adjudged insane in Jan
uary. 1892 in North Carolina and com
mitted to the North Carolina Insane Asy-
lum as a paranoiac. BY the witness Fai-
son it will be shown that during the last
year Davis was in the asylum he was
given much liberty and ran away several
times.
On one occasion the defendant took his
Bible down in a branch, built an altar OF
stones. and offered up his Bible by burn
ing to the Deity, and that subsequently
he offered UP his law books in the same
way; that during the defendants stay al
the asylum DIR. Faison was first assistant
physician, and had charge of the institu-
ton in the absence of its superintendent;
that the recurrence Of the defendants
malady does not surprise the physician
in the light of his knowledge of the de-
fendant's case; that he saw the defendant
while at the asylum almost daily; that
the impression formed by him and which
he now has is that the defendant belongs
to the class Of paranoiacs, and that while
in the asylum the defendant was and
now is insane.
Mr. Davis in his application told the
court that similar testimony would be
given by the desired witness, Cobb.
FEARS FOR. ARTIST LACARGE.