White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-08-20
DAVENPORT ACQUITTED BY JURY;
TESTIMONY WIDELY At VARIANCE

Judge c. j. McFadden and a jury in
the district court last Monday, Tues
day and Wednesday.
The prosecution was conducted By
District Attorney Charles A. Walker
and Counsellor Anthony Zurich was
in sole charge of the defense
The verdict, which gave Davenport
his freedom, was handed into court
Thursday morning.
The case was given to the jury
shortly before midnight Wednesday
and the verdict was returned approx
imately eleven hours thereafter
From the best information obtain
able the first ballot was ten to Two
for acquittal During the time there
after devoted TO discussion of the
case among the jurors eleven ballots
are said to have been taken, which
finally resulted In unanimous vote
OF the jurors aequitting Davenport.
Before the noon hour Thursday
Davenport was about the city and
conversing with his friends in the vi
cinity of Aultman and Murry streets
in the ordinary manner and his atti-
tude did not indicate in the slightest
degree that he had any knowledge of
a tragedy ever having occurred.
Immediately following the rendi-
tion of the verdict Davenport
sought an opportunity to thank each
of the jurors personally and when
seen by reporter for the News he
said:
Ii goes without saying that | am
delighted with the final outcome
but you can take 1t from me that |
just as deeply regret all the circum-
stances which led up to the un-
fortunate affair.
The death of Frank Meagher is
matter which will grieve me all my
life.
l bear no ill will toward anyone
now, and l hope none bear i'll will
toward me
at all times felt confident that
IL all the facts could be properly
laid before twelve fair-minded men
would be set free.
| was more than fortunate, how
ever, In having. l believe, the best
counsel at least in the western sec
tion of the country to defend me
and to his ability, which stood out
at all times during the trial. is due
the fact that | can today walk the
streets a free man instead of being
obliged to suffer the horrible con-
sequences of such an unfortunate
affair.
Davenport was accused of having
Frank Meagher lMarrl on
the Main street in Ely early Sunday
morning, July ., by shooting him al
most directly through the heart with
a 32-calibre Winchester rife. The
shooting was the outcome of quar-
rel which originated over the relative
merits of johnny Dunn and Young
Brooks as prizefghters and over
which Davenport and Meagher came
to blows. The quarrel occurred ap-
proximately an hour before the fatal
shooting. The men separated after
Davenport Is alleged to have remark
ed, in effect. that he had been given
the worst of il" by Meagher and his
friends. and as Davenport left the
establishment where the fight took
place he Is alleged TO have made
statement which was taken to mean
that he intended TO return.
Davenport then went TO the little
stone cabin on Aultman street near
the railroad culyert. near the western
Niiu vi AuiAiidH SAiNtAf anu 81 bi'b
with a rife. He returned
down Aultman street, passing the
Senate, where the trouble between
and Meagher had taken
place, and continued on down the
street to a point near the Rex thea
ter. Some automobiles were parked
near the curb on the north side OF
Aultman street. Davenport seated
in the rear of one of the cars.
According to the testimony Mea-
CHER later started down the street.
going In the direction of the car
whore Davenport was seated and car
rying in his hand a quart bottle OF
water. He was aceosted by Jack
Blake. who had known him for sew
eral years. Blake testified that he
to persuade Meagher not
10 continue down the street and In
an effort to wrest the bottle from Linn
II was broken on tho sidewalk. Blake
said he then advised Meagher TO
avoid any further trouble and Mea-
CHER seemed inclined to accept his
advice. One Charles Fisher, accord
ing to the testimony of Blake, urged
Moagher on by remarking, in effect
Go on down and get him. Meagher
later went down the street near the
car where Davenport was seated. but
when few feet from the car turned
and went back, after which he ra-
marked. in substance, that Davenport
did not have the courage to shoot
anybody. Meagher and Fisher, ac
cording to the testimony, later re-
turned to the Senate. Shortly after
Meagher again went down the street
and as he approached the car he left
The sidewalk. stepping between the
parked near the curb,
where he and Davenport engaged In
mortal combat
Testimony of witnesses who
the alteration at distance
Of about a block was that the Two
men grappled with the gun. Then
The shot was heard and after n few
seconds Meagher slowly sank to his
death In the street near the cars.
When the case was called for trial
last Monday morning, Immediately
following the formal opening OF court
counsel for both the state and the
defendant announced that they were
ready for trial.
Tho caIaot;no 80 tba inrxy ~ trv