Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-12-11

by the court.
Says Davis Drank Beer.
During the trial yesterday afternoon
Detective Simpson of the first police pre-
cinct again took the stand. Attorney
Tobriner. for the defense, asked the wit
ness how long he had been assigned to
the Ebbitt House. Corporation Counse
Syme objected TO the question. and the
objection was sustained by the court
Mr.. Syme offered in evidence a diagram
of the bar, which was explained TO the
jury.
Mason Howes. also detective of the
first police precinct, was the next wit
ness. The night Of November -, he testi-
fed. from about O'Clock until 1876
O'Clock or twenty minutes of II O'Clock
ne was at the Ebbitt House tie was
asked by the prosecuting attorney il he
saw any violation OF the excise law. The
witness testified he saw Davis drink a
glass of beer.
How far away were you?" asked Mr..
Syme.
Il was within two or three feet" said
the witness
Mr.. SWINE then asked the witness what
he did He testified that after Davis
drank the glass of beer he said something
to the bartender. and that the latter
placed three glasses of beer in front or
Davis He said that Davis picked up
two fellows back of him. The third, he
said Davis was drinking when he took
the glass from Davis and put it on the
bar The witness testified also as TO
Davis having been taken to the station
house.
Ross Davis the minor who is alleged tc
have purchased beer in the bar, was the
next witness. Davis said that he Went
into the bar with two other boys. He
said that he had 50 or Sc when ne went
into the place. and he did not know how
much he mad when he came out
You mean to say that YOU don't keep
track of your money. and know how
much you have?' asked the court.
Il was not paying much attention TO ii
that mig hit the witness replied. Il was
out for a good time
Davis testified that he drank beer in the
bar and testified also that the bartender
set three glasses of beer down on the bar
in front of him. He did not remember,
however he said, whether he paid for
any OF the beer.
The boy testified. in answer to aues-
ton, that he was eighteen years old last
September He said his father is en-
ployed at the Ebbitt House.
The father OF the boy had just been
called as witness when court adjourned
until today.
Argue in Absence of Jurors.
When Mr.. Tobriner began his argu-
ment TO his purpose of asking the
question, the jury was excused from
the room. He argued that no evidence
had been given by the government as
10 the identity of the bartender who is
alleged to have served the beer
He said he should be permitted to show
that on that evening the bartender re-
fused 10 sell to any minor, tina he was
not asked by Davis To serve him. ami
that If he had been asked he would have
refused the service.
He further argued that during tins
time from { O'Clock until the boy Wa:
arrested, about twenty minutes of II
O'Clock, the detectives testified they saw
no vic atoms of the excise law. The
court allowed the objection; the de
Tense noted an exception.
The witness testified he did not serve
intoxicating liquor TO Davis on the night
of November Is He said further that he
would not have served him, as he woulC
think he was not of age.
On cross-examination, the witness said
he did not remember having seen De-
tectives Simpson and Howes in the Ebbitt
House barroom.