Evening star. [volume] (Washington, D.C.) 1854-1972, 1920-10-06
THREATS BY DAVIS,
AUST|N'S DEFENSE
Wife of Accused Man Gives
Testimony at Hearing in
Manassas Staying.
rom STAFF Correspondent Of The Star

From STAFF Correspondent Of The Star.
COURTHOUSE, Manassas, Va, Oc-
tober 6.-Mrs. Carl J. Austin, wife of
the crippled insurance agent who is
on trial for his life in connection with
the killing of J. r. b. Davis on the
night of May 8 last, took the stand
today in an effort to save the life of
her husband
Mrs. Austin barred her relationship
with the deceased man and told of
her efforts to effect a reconciliation
with Austin after he had turned her
out of his home in October. 1919.
A sister of Mrs. Austin. Miss Carrie
w. Gathman. corroborated the for
mers statement that threats had been
made against the life of her husband
by the victim of the shooting. That
was the first intimation during the
trial that any attempt will be made
to show that Davis bore any malice
toward Austin.
Austin's Testimony.
Resuming his testimony. which was
interrupted by the adjourning of court
yesterday, Austin this morning testi-
fed that when he took Davis to the
edge of the town last October. to in
quire as to his alleged promise to leave
town. he told him:
Remember, you are rubbing against
a gun now"
Austin stated that he was in the hab-
1t of carrying gun for purposes of
protection, owing to his crippled condi-
ton
When asked by the prosecution if the
particular gun with which he did the
shooting had not at one time belonged
to his friend. Frank Cannon, he said
the gun may have been Mr.. Cannon's
at one time or another. and that he
often traded in firearms with Cannon
and others around Manassas.
Mr. Cannon later denied, when ques-
toned by the prosecution. that he ever
gave that gun or any other one to the
defendant.
Chief Question Involved.
At the close of the first day of the
trial the fate of Austin appeared to
rest upon the success or failure of the
prosecution to prove that Austin's
act was premeditated and Rot under
the heat of provocation.
at 5 o'clock Austin had been on the
stand thirty minutes, telling of the
under which he had been
laboring concerning the alleged rela-
lions between his wife and young
Davis.
noon, had visited the scene of the
crime with the jury. They were taken
over the street routes in Manassas
which the defendant usually travelled
going to and from his home and the
business section.
Austin, in his wheeled chair, was
allowed to show the Judge and the
jury the manner In which he nego-
tiated the curbings through the
streets OF Manassas, and the place
where the shooting occurred was
pointed out as being a detour from the
home.
]. I. Randall, a local garage pro-
prietor. was the star witness for the
commonwealth. having testified that
young Davis placed his car in front
of his garage to be put away for the
night less than three minutes before
the two shots were fired. This testi-
the possibility of any extended quar-
rel having occurred before the shoot
ing.
DR.. s. s. Simpson. uncle of the VIC
tim, testified as to the condition in
which he found Davis shortly after
the shooting. DR.. Simpson stated that
his nephew was in a dying condition
when he arrived at the scene.
Heard No Argument.
IWO cuStOmeTS OF the store into
which Davis was carried after the af-
fair stated that they heard the shots,
but did not hear any argument or
loud talking before the shots. This
store is just adjoining the spot where
the shots were fred.
Charles c. Lynn. a friend Of the de-
ceased man, was called to tell of a
short conversation which he carried
on with Davis during the ten-minute
period preceding the time when Da-
Wis took his car to the garage. Lynn
stated that Davis was in a jovial
mood and appeared not to be in fear
of any impending disaster.
DR.. i. F. Hough, dentist of Manas-
sas, told of observing Austin in the
vicinity of the shooting, on the night
of May 3. the dentist having been
seated on the Prince William Hotel
porch, across the street and not quite
opposite from where Davis was shot,
Several witnesses were asked as to
the habits of Austin. so far as his
movements around town were con-
cerned, and Mrs. Annie Alicott, who
operated paving-block factory, tes-
titled that several weeks before the
death of Davis she had seen Austin
lettering in the vicinity of the home
Of the dead man. She could not state
positively whether, on the two occa-
sions when she had observed Austin's
actions. he was alone or not, but she
recalled having seen him secluded in
an offset of a building where Davis
lived. Part of this building is used as