Omaha daily bee., 1920-01-16
LAWYERS TILT
IN DAVIS TRIAL
over TAXI RIDE
Hour Of Leaving for Home
Is Important Feature Of
TriaI-NeW Witnesse
Testify.

A wordy tilt regarding the hour
when George Davis went home in a
taxicab the night of the court house
riot marked yesterday afternoons
session of Davis trial in District
Judge Redicks court on charges Of
assault to murder and assault to do
great bodily injury to Mayor Smith
the night of the riot.
After Davis had repeated the tes-
timony he gave in his first trial that
he called taxicab and went home
at 8 o'clock, County Attorney Shot
we'll asked.
Now, don't you know, Mr.. Davis,
that you didn't take that taxicab and
go home until 1910 that even;ng?"
mo | don't" said Davis.
"And didn't you know at your
first trial that the records of the tax
icab company show that you ordered.
that taxi at 1910 instead of at 8
o'clock.
No"
Brother Sees Record.
And isn't that the reason you
didn't produce Mr.. Leach, the taxi
driver, here as your witness in your
first trial?"
NO"
"Your brother went to the taxicab
company and saw what the record
said and then reported it to your
, Eyes, but that record didn't
to anything. 1t wasn't cor
rect"
The importance of this testimony
lies in the fact that Mayor Smith was
assaulted at 9:45 the night of the riot.
Davis defense is an alibi to the ef-
feet that he went home in a taxicab
at about 8.o'clock and did not again
come down town that night. Six
witnesses in his first trial supported
him in this alibi. The records of the
taxicab company show that Davis
took the taxicab at 1910.
New Witness Called.
Frank Miller, Edward Fitzgerald
and Andrew Daily testified yester-
day afternoon that they were with
Davis in the soft drink parlor at
Sixteenth and Davenport streets up
until 7:30 the night of the riot.
Another new witness introduced
Yesterday by the state was Oscar
Knutson, policeman, who testified
that he saw Davis at the Harney
street door of the court house at
$50 o'clock the night of the riot.
The testimony caused consterna-
ton to the defense and Eugene
O'Sullivan, attorney for Davis, sub
jected Knutson to a grilling cross
examination.
The state rested at noon and the f.
defense Immediately put Davis on ,
the witness stand. He narrated the
same story as he did on the first
trial.
Went Home in Taxicab.
"I was at the court house before |
) o'clock" he said, "but / left it |
then and went to soft drink parlor |
At Fifteenth and Davenport where
played cards and, / and three other
men bought two pints of whisky
and drank it. About 8 o'clock I |
:alled a taxicab and went home"
Under cross-examination by Coun-
y Attorney Shotwell, Davis admit
ed that he was confined in the
state penitentiary from
ol0 to 1912 on the charge of acces-
ory to grand larceny. He was un-
ler the name of &c. w. Hanlon,"
le said.
Policeman Knutson's testimony
vas regarded as damaging, because
Davis defense at his first trial was /
N alibi. He swore that he left the
ourt house about 4 the AFTERNOON
If the riot and did not return again.
Knew Davis Eighteen Years.
What was Davis doing there at
he south door of the court housef"
.ounty Attorney Shotwell asked
<nutson.
"He was just standing in front of
he crowd"
How long have you known
)avis?"
"About 1S years" I
Attorney O'Sullivan demanded of
<nutson why he had not mentioned
eeing Davis in his report to the
hief of police. !
Il did mention it in my second re-
ort," said Knutson.
why didn't you in your first re-
'ort?"
81 didn't remember it."
"And why didn't you testify at the
rst trial Of Davis?"
II didn't know they wanted me-
aid Knutson.
Policemen Franks and Graham
I, L