New-York tribune., 1922-07-27
Refine Davies to
Testify To-day
InLibelHearing
Movie Stars Sister To Be
Cross-Examined i'm Suit
Against The Daily News;
Van CIeve on the Stand
Denies He Saw Hearst
Brother-in-Law Says No
One Inspired the Actress
to Bring a Legal Action

Refine Davies will be placed on the
stand for cross examination this after
noon at the resumption Of the hearing
in the criminal libel suit brought by
George Van Cleve, brother-in-law of
Marion Davies, against Merton Burke,
managing editor. and Philip Payne,
city editor of "The Daily News" 1t is
charged that "The Daily News" as we'll
as "The New York Herald" and "The
Evening Telegram" which will be
brought into the case later, criminally
libelled Marion Davies in their &C
counts of the party given in the home
of Refine Davies, at Freeport. on the
night of the shooting OF Oscar A.
Hirsh, for which Mrs. Hrsh is now
under indictment.
The only witness on the stand at the
hearing yesterday, which was held be-
fore Magistrate Simpson in the Mu-
nicipal Term Court, was Mr.. Van Cleve.
He was questioned in detail both by
Mcdonald De Witt counsel for "The
Daily News" and William II. Black, at
torney for Mr.. Van Clcve, as to the
events which took place on the night
of the party and as to his reason for
bringing suit.
Under cross- examination by Mr.. De
Witt, Mr.. Van Cleve was forced to ad-
NIT that from his personal knowledge
ne could not say whether or not Hirsh
had been. shot o., the grounds of the
Lederer home (Reine Davies is Mrs.
George w. Lederer)
Denies Edwards Was Challenged
Some time after the shooting, ne tes-
titled, Assistant District Attorney Ed
wards. Of Nassau County arrived to
question those present concerning the
n nc 70
Mr.. de Witt Mr.. Van Cleve said that
as far'R he knew no one had attempt
ed to stop Mr.. Edwards by saying
What do you mean by interrupting
our party 2" that he did not hear Mr..
Edwards say that he might arrest every
one there; that Mr.. Edward did not, he
believed, show any signs of anger al
his treatment at the Lederer home, and
| that he did not hear the name of
Marion Davies mentioned during the
| evening.
Later, Mr.. Van Cleve said, when they
were at the police station making their
| aff1davits, he did hear Refine Davies
complain at the amount Of time she
had to spend there, but he denied that
he had heard her tell the chauffeur,
while he was being questioned, to "shut
your damn mouth and keep it shut"
As proof that Marion Davies could
not have been at the party, although he
asserts that the publishing of her
picture in "The Daily News" with the
caption that the party was in her honor
would seem to indicate that, Mr.. Van
Cleve said that he had two telephone
conversations with her on the night in
question, one Of them being about half
hour before the shooting, and that
| she was in her New Y ork home at both
! times.
| Denies Talking With Hearst
In connection with the fact that Mr..
Van Cleve had brought the suit, al
| though Marion Davies was the one he
asserted was lbelled, Mr.. De Witt
asked Mr.. Van Cleve if he had not put
the idea into Miss Davies's head. He
answered that he had not, saying that
Miss Davies had asked him if she were
libelled and he had told her that che
was. He further said that he bought
the suit because Miss Davies lid not
know court procedure and did not
want to appear. He deni, ID he had
held any conversation on the subject
with William Randolph Hearst or any
one connected with his organization.
He testified that he had been with Miss
Davies throughout the afternoon of
June 26 at her home, 33l Riverside
Drive, and that. "The Daily News" did
not repeatedly try to get her on The
phone and that she had no conversation
with Mr.. Hearst.
Confronted with copy of "The Daily
News" in question, Mr.. Van Cleve,
when asked to point out in it the
libelous points, said that he considered
the entire article, the iuxtaposition Of
Miss Davies's picture to that Of the
photo diagram Of the shooting and the
caption under the picture to be libelous
! in intent.