White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-07-16
DAVENPORT HELD FOR
MURDER OF MEAGHER

Tor q snort time DeIOre ne leii uedus
but when found by the he
still had a cigarette in his mouth.
which was taken by some as an indi-
cation that he was killed instantly.
Emmett Culbert testified hat he
was eating his breakfast in the Pop
ular cafe when he heard the shot, and
rushing to the street he saw Meagher
lying dead and he Immediately noti-
fed Sheriff Nicholson. who was at his
home in the Richmar apartments. The
sheriff hurried to the seen and a few
minutes later took Davenport into
custody at the city hall. where he
went Immediately after the killing
and sent word to the officers to come
and get him.
After the shooting and while Day-
export vas waiting on the second
floor of the city hall for the officers
: to arrive he called from the window
to Jim Douglas. who happened to be
passing, and asked Douglas 10 do him
a favor. He persuaded Douglas to
go up stairs and then informed him
about the killing. He demanded that
Douglas keep him company until the
officers arrived. and under all the sur
rounding circumstances and condi-
lions Douglas let Davenport have his
way and he did not ven ask him TO
make clear all small matters OF detail
as TO how he had Just killed a mar
with the rifle he still had in his pos
| session.
Joe Flowers was the next witness
called and he identified the FUN, a
.32 Winchester rifle. which was Of
fered in evidence. Flowers said he
had the gun while travelling through
the country and had shot 1t only a
few times. When he arrived at the
stone cabin near the western city linn
its he put it In the cabin in the ordi-
nary way; that he later came down
town and when he returned TO go TO
bed IL was dark and he naturally did
not know whether the gun was still
there or not. Flowers was asleep In
the cabin Sunday morning when he
was awakened and they showed him
the gun. which he said was his. but
that was the first int.mation he had
that it had been taken from the
cabin where he placed II. The wit
ness said he last saw Davenport be-
tween 3 and 10 O'Clock.
The testimony of all the witnesses
who knew of any trouble with Mea-
CHER was to the effect that IL started
somewhere about the hour Of 4
o'clock in the morning and ended
with the killing about 5:1F. When
Flowers was asked as to Davenport's
disposition during the time he knew
him he testified that he had only
known the man for about twenty
days. during which time they were
engaged on a ranch In Spring valley,
and that he always found Davenport
~ he nm u0RaAalIn fa1Iauu xrhn mn
good company and was always jolly
around the camp. The district at
torney remarked, He Is a big,
husky. good-natured fellow. isn't
he?" and the witness replied In the
affirmative.
Alex Sarras testified that he saw
Davenport In the door OF the Popular
cafe while drinking a cup OF coffee
and had noticed that he held 2
rifle in n hand early In the morn
Ing as Sarras went to open the
bakery. Sarras later heard the shot
and rushed TO the front of the build
Ing. where he saw Meagher lying In
the street. He then saw Davenport
advance toward George Snowdcn and
Sarras let Snowden inside the bakery
as quickly as possible. The door
was Immediately locked and Sarras
and Snowden took refuge in the rear
room of the bakery building.
The district attorney informed the
coroner that he was satisfied m
one knew when the gun was taken
from the cabin and the coroner ex-
planned how he had visited the cabin
with the sheriff and found the men
asleep there. which. coupled with
the other testimony, would seem to
make the matter quite clear.
Curtis Quinn. enc of the men who
were at the cabin, was called to the
stand by the district attorney and
corroborated the testimony of the
witness Flowers, who had preceded
him.
The defendant Davenport was then
sent for by the district attorney. He
was brought into the courtroom ana
given a seat In the witness chair.
The district attorney advised him
that he was not to be sworn and was
under no legal obligation to make a
statement unless he desired to do so.
The district attorney referred 10 the
fact that Davenport had discussed
the matter with him quite freely and
he thought perhaps the accused man
would like the public TO know his
side OF the case. SO he wanted to give
him the opportunity of making a
statement IL he cared to.
Davenport showed signs of ner.
vousness by beating a tattoo with his
fingers on the railing surrounding
the coroner's bench, and after paus-
Ing for a few seconds, evidently In
deep thought, he remarked, mo. I
don't believe I do"
This brought the proceedings to a
close and the jury a short time later
returned a verdict finding that Mea-
CHER had come to his death from q
gunshot wound from a .32 caliber
winchester In Davenport's hands.