Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-12-19
of. l said good morning and hi
just said huh and walked Off"
Relates Overbay Visit.

night OF the rlot! asked MT. ~ oui
: livan. .
mo, sir" said Davis.
: "Were you at the court house dur
, ing the time when the mayor wa!
attacked"
mo, SIR"
Were you ever convicted o.
: felony?"
Eyes"
! "Of what?'
: Accessory after the fact in grand
. larceny"
when"
"In 1910"
"Where?"
Seattle, Wash"
Says Nygard Wrong.
80, when Russell Nygard, wit
ness for the state, testified that he
first knew you at the Omaha market
in the summer of 1918 he was
wrong?"
/ Eyes"
where were you then"
"In the Washington peniten-
,iary."
Under cross-examination by Mr..
Shotwell, Davis stated that he was
released from the penitentiary in the
fall of 1918 and came to Omaha, re-
naming here day and going on to
Chicago. He said he has lived in
Omaha ali his life except for short
absences.
"Isn'. it fact that you served a
term in Jail here" asked Mr.. Shot
we'll.
mo, sir" said Davis.
"On March 20, 1917, you were
sentenced to the county Jail of
Douglas county for 80 days for rob-
bery?"
mo, sir"
DO you know Frank Myers, alias
Ed Lynch?"
II don't know whether I do or
not" ...
When He Was Fined.
Don't you remember being ar
rested with him on the charge of
robbing John Brooks at the West
hotel?"
well, we were arrested and l was
fined $l0O and costs, but not for
robbery. That was for being an I'M
desirable citizen"
Then followed the incident related
above when the county attorney
showed Davis his picture from the
police gallery" \
This picture was taken December
9, 1916, when you were arrested in
Omaha for investigation" asked Mr..
Shotwell.
Davis said he couldn't remember.
Nov, the night of the riot, when
you spoke to Officer Dolan about
the mob and the threatened lynch
ing, didn't that event excite your
curiosity?" asked the county attor-
mot Bit" said Davis.
you weren't interestcdp
"Not bit"
The Whisky Incident.
Regarding the purchase of the
quart of whisky in the near-beer sa-
loon, Mr. Shotwell asked:
From whom did you purchase
that whisky?"
81 don't know the mans name"
"Can you find out and tell me?"
what do you want it for?"
If someone is selling you whisky
| want to know it, and know who
he is"
"And why did you 60 home in a
taxi?"
ooh, that's nothing unusual"
"Was it because you were little |
wobbly"
Don't know as it was"
"You had drank your share Of the
quart of whisky?"
Il don't know. I wasn't drunk"
Nov, isn't it fact that after |
you drank the whisky you came
back to the court house that night?"
mo, sir"
Davis denied that he wore his
soft hat with "telescoped" crown
the night of the riot, as was de-
scribed by both Mayor Smith and
John Overbay.
His cross-examination and exami-
nation took about an hour and a
half.
Edward Fitzgerald. 20l0 Webster
street, and Andrew Daily, 223 North
Seventeenth street, who were play
ing cards and drinking with Davis in
the near-beer saloon early in the
evening of the riot, testified that
they didn't know there was any seri-
Gus riot at the court house. They
said they parted from Davis about
7:30 o'clock that evening.
Says Wasn't at Home.
William Davis, brother of George
Davis, testified that he wasn't at his
home, 1872 North Twenty-eighth
street, the night of the riot until
after IL o'clock and didn't know
what time George came home. Il
Claude F. Bessie was then re-
called to the stand at the request of
the county attorney. He brought
with him another photograph of
a man whose identity is not known
but who bears great resemblance
to Mr.. Bessie. The second photo
graph is easily distinguishable from
the first one of this man introduced
by Mr.. O'Sullivan and
identified by Mayor Smith as look
ing like Mr.. Bessie.
All this Photographic testimony
was introduced by the defense to
discredit Mayor Smiths statement
en- the witness stand last Monday |
that he first recognized Davis as his
assailant when a photograph of
no,v;e k,f1or, cnYar,1 raare ,on |