The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1921-01-15
DAVIS DECLARED NOT
GUILTY BY R|TCH|E.


prisoner is dismissed" WAS Judge
Ritchie's decision In the case of the
State against H. X. Davis. proprietor
of the Overland hotel, who was ar
rested by Constable J. R. Nelson ON
q charge OF resisting an officer In the
| discharge OF his duties The trial was
called for 10 o'clock yesterday morn
| ing and was held in a basement room
used as a jury room in the Old court
house. 1t proved lengthy affair and
taking OF testimony and hearing of
argument was not completed until
4 o'clock. At first Richie was going
| TO postpone decision until this morn
ing. but upon learning Davis wished
to go to California he set up the time
for decision until 7 o'clock last night
Nothing of very startling nature
developed during the trial. unless II
was the much discussed question of
what the officers were doing in the
hallway of the hotel when Davis was
alleged TO have delayed them. Night
Watchman Hickam's testimony was
that he had been informed transfer
of booze was being made there, while
Nelson said he was looking for a
suspicious looking Mexican.
Witnesses for the state were Con-
stable J. r. Nelson. P. Boyd, William
Blattner and Night Watchman Will
liam Hickam. These men were called
in the order mentioned and after be-
ing sworn were examined first by
T. A. Brandon. attorney for the state,
and then by C. E. Robins, attorney
for Davis. No witnesses for the de-
fendant were called. District Attor-
ney Wilson was not in court, he hav-
ing turned the case over to Mayor
Brandon.
In Constable Nelson's testimony he
told how II had been his custom since
accepting the Office of constable on
the first of January to pass through
the hallway leading from the front
to the rear of the Overland hotel, on
he lower floor. several times each
day for the purpose of keeping
line on suspicious characters and at
tending to his duties in general. He
stated that on the evening of January
3. while he was making his rounds
md while passing through this hall.
which leads to private dining rooms,
| or booths, and the alleyway behind
he hotel. he was stopped by H. X.
Davis. who told him that he (Nelson)
ad no business there and that he
orebade him to pass through this
2assageway. unless he had a search
variant Nelson having the under
standing that the hallway in question
vas a public thoroughfare told Mr.
Davis that he would see II he had no
right there and left the hotel. After
1 time he returned and told Davis
that he would go through II he
wished. He alleged further that Davis
took him by the shoulder and whirled
him around and used profane Ian
guage.
Upon being cross-examined by Al
torney Robins, Nelson further dis
closed his purpose in going through
the hall on this occasion lonking for
a suspicious Mexican VIII, he had no.
ticed earlier in the day and who ne
thought might be al the hotel. He
| 4lso stated that he vas 1s'p'ng an
] ae open for unlawful card games
Parry Boyd was then called upon
e witness stand and testified to hav-
ng been sitting in the soft drink part
4 the hotel when the row started be-
| ween Nelson and Davis. He told of
overhearing the beginning of the dis
ussion between the two men, but
| oud repeat none of the conversation
except Davis telling Nelson that he
should not pass through the hall.
The next witness. william Blattner,
who had been watching solo game
1T the time of the arrest. could supply
only a few details. He had heard
Davis tell Nelson not to come In there
without a search warrant and that he
wanted both Nelson and his deputy
Hickam, to stay away.
The last witness to be called was
William Hickam. who mentioned hav-
ing known Davis since 1907. He told
how he had been with Nelson at the
time of the arrest and of how Davis
took hold of Nelson. He explained
how he had been going through the
hotel twice night. and four times
one night. on his rounds as niT
watchman. and explained that
reason for watching this place 50
fully was on account of having bee.
informed that some one had been tai