Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-12-17
ATTORNEY and
WITNESS CLASH
IN RIOT TRIAL
Mayor Examined Sharply, But
Unshaken in identification
Of Davis as Man Who
Struck Him.

I when the blow is alleged to have
been struck,
Start for Rope.
when | came back he said,
"thcy were hustling the mayor south
on Seventeenth street and man
was hitting him on the head from
behind with the butt of revolver
"They finally got him to pole
on Harvey street. Some young fell
low climbed up and cut bunch of
rope from the cross piece of the
pole. They put moose around the
mayors neck and started to pull!
him up. They'd pull him little
way and then let him down. and
another fellow got our hands in
between the rope and the mayors
neck and finally the mayor went
down and didn't get up. The fury
OF the crowd seemed to let up.
Girl Obtains Passage.
Some girl began to cry and she
got the mob to make path be-
tween two automobiles. | and this
other fellow got the mayor and
walked him over to the Burgess
Nash store, then down to Sixteenth
street and we got him in an automo-
bile that Detectives Danbaum and
Van Dusen were in. We drove to
the police station. DR.. Shook was
afraid the mob might come after
him there and we took him to the
Ford hospital"
DR.. E. c. Henry testified regard
Ing the mayors wounds. He said
the mayor had conclusion of the
brain and that such an injury might
prove dangerous.
Mayor Smith yesterday morning
underwent three hours of grilling
cross-examination by Eugene O'Sul-
livan, attorney for Davis.
Fails to Shake Testimony.
Although Davis claims to have
bombproof alibi to prove that he
was not at the court house the night
OF the riot, his attorney, Eugene
O'Sullivan, fought every inch of
ground desperately, but failed to
shake the mayor from the dramatic
story which he gave Monday of
his experiences with the mob at the
court house.
He even inquired as to the may
or's mental condition, recalling that
M operation was performed on the
mayors skull % years ago and that
twice he has fallen unconscious dur.
ing trial of case.
Didn't you have a sinking spell
once in Kansas City while you
were there trying flour case?"
asked Mr.. O'Sullivan.
yes" replied the mayor, smiling,
shut the doctor said that was due
merely to eating too much and then
going to work right away. The
blood went to the brain when it was
needed at the stomach"
Eating Too Much.
And you fell down once in this
court house, didn't you?"
Yes" the mayor replied, but
that also was due to eating too
much and then going to work i'm
AHSdiuNSly, ~ tiiC uOStOI Sdlu. 1 Ou
may indict my stomach, but please
don't indict my brain"
And you think there is nothing
In your brain that might make you
err on this identification of Davis?"
Absolutely no doubt about the
identification" said the mayor.
OSulliyan tried to get the mayor
to describe the man who struck him
in the most minute manner.
Il can't tell you just what kind
OF suit he had on, said the mayor.
"but those eyes-the look i'll those
eyes has burned into my brain so
that | will never forget it. | saw
his look as he drew back his arm
and struck the blow that put me
down aud out"
Mayor Says He's Positive.
sAnd if great number OF wit
nesses come here and swear that
Davis was not near the court house
the night of the riot, you will still be
positive that Davis is the man who
struck you?" asked O'Sullivan.
y would say before God that
Davis is the man." declared the
mayor, shaking, his finger at the at
torney.
"You are infallible, are you, and
can make no mistaken" asked Mr..
SO'Sullivan.
4 well, | don't claim attributes of
infallibility," responded the mayor.
Mr.. O'Sullivan tried to get a
statement of the mayors state of
mind while the mob was beating
and threatening him.
Says Mind Was Normal.
DO you mean to tell this jury
that YOU were not terroriZed with