White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-08-20

standing at the front WINDOW in the
lobby of the Northern hotel, where
he was then employed as night clerk.
He said that his attention was attract
ed by what seemed to be rather un-
usual manouyering on the part Of
some men on the opposite side of the
street; that he later saw Meagher go
down the street from the Senate in
the direction of the Rex theater.
About the same time he noticed two
men whom he recognized as Elmer
Conlin and George Snowden standing
in the doorway leading from the
sidewalk into the Senate; that Mea-
CHER was walking rather hurriedly
and Conlin and Snowden seemed to
be watching him from the Senate.
where they would lean out and after
looking down the street would then
draw back. lie saw Meagher ap-
preach the car where Davenport was
said 10 be seated and his view of the
two men was for a time hidden. He
next heard the shot and later saw
Davenport and Magher struggling,
both having hold of the gun and
wheeling around in the street. The
two men. he said. struck at each 9TH
err several times and finally Meagher
fell TO the street. Caborn's testimony
was frankly given and seemed to be
accepted with an air of confidence. as
was the testimony of Blake. and Abel.
James Douglas was the next wit
ness and his testimony was to the eff
feet that he IA crossing the street
near the city hall the morning OF
July 3, when Davenport called 70 him
from the front window on the second
floor of the city building. Davenport
asked Douglas to do him n favor, ac-
cording to the testimony OF the wit
ness. and when he assembled the stairs
Davenport informed him that he
Davenport had just Killed a man.
Douglas said Davenport still had the
rife in his hand and noticed that he
worked the lever several times. No.
cartridges fell out. from which he
assumed that the gun was empty.
Davenport asked Douglas 10 tele-
phone for the sheriff. This he said
he did and later Sheriff Nicholson ap-
peared on the scene. Davenport i'm
mediately handed the gun 10 the
sheriff, with the remark, Il guess you
are my boss from nov on
Coroner ID. c. Mcdonald was then
and told of having been called
the morning of the shooting and
upon going 10 the scene of the trag-
edy found Meagher's body living in
the street. as described by other wit
nesses. In Meagher's mouth he said
was a cigarette, which bore evidence
of having been lighted Immediately
before his death. lie told of having
subsequently talked with Davenport
at the county jail in the presence OF
City Marshal Jackson and Sheriff
Nicholson, and in reply TO questions
as To what was said he replied that
Davenport then made the remark. 1T
was all nncalled for"
CITY Marshal George w. Jackson
was the next witness and when asked
as 10 the conversation with Dayen-
port h. testified In effect the same as
Coroner Mcdonald.
The district attorney then inform
cd the court that he desired to calf
as the next witness on the part of
the state Sheriff Nicholson, who was
then attending to official business be-
fore the federal grand jury In Carson
City. II was announced that Sheriff
Nicholson was expected TO return on
the train Tuesday night and the court
declared a recess until 9:30 O'Clock
Wednesday morning.
When court was opened Wcdnes-
day morning 1t was learned that Sher-
if Nicholson had not yet returned TO
Ely and James Douglas was recalled
to the stand. evidently for the pur-
pose of Identifying the gun with
which Davenport later admitted he
shot Meagher. Douglas said he iden-
tilted the gun, but when Counsellor
Zurich started to cross-examine him
as 10 how he identified ii the witness
admitted that there were no marks
OF identification upon it, but he recog-
nized 1t Just in q general way. A few
questions from Counsellor ZURICH
tending 10 show that il might he Just
one of a million guns of the same
style and calibre Jared the testimony
OF Douglas on this point like an
earthquake, but the witness swcre
positively ii was the same gun and
Councillor Zurich smiled broadly and
said, "All right: we will let your
opinion go for what 1t is worth"
The district attorney then endeav-
ored to onnect up the Identification
OF the gun by calling Deputy County
Clerk Armand, who said that he re-
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