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

my Dunn as a pugilist and said thai
Meagher entered into it first presum.
ably in a frivolous way; that the ar
gument became somewhat heated anC
Davenport and Meagher, accompanied
by some others, went into the bach
room to settle the question as tC
which N was the better man. In
the back room the feeling between
the men became aggravated and Mea.
CHER threw a chair at Davenport. Mea.
CHER reached for the second chair but
Lambert was not sure whether he
had opportunity to throw it or not
Lambert at that time carried Daven.
port out the back door. Later Dav-
export came through the Senate,
walking out past the bar, and upor
leaving he made some remark to the
effect that he would be back. When
Counsellor ZURICH asked the witness
if he considered matters as having
then assumed a serious aspect the
witness replied that he did and fur.
Their testified that the back entrance
was then locked and preparation
made to guard against an attack.
Matters then went along in the usual
course, according TO the testimony of
idAlihtiAs auu nt hntN nOliilE liOlt
of approaching trouble until he
learned that Meagher had been shot.
Charles Fisher, the next witness
called to the stand, testified that he
knew both Meagher and Davenport.
He testified along the same lines as
Lambert with respect to the trouble
between the two men and said that
when he learned Davenport had left
in passion and it was believed he
went TO arm himself he conceived the
idea that, being a friend of his, he
could talk him out of taking any
rash steps. Fisher later stepped out
of the door of the Senate just as DAY.
export passed in going down the
street and carrying a rifle. When
asked why he did moi then talk to
Davenport his answers were of an
eyasiye nature, but he admitted that
no conversation took place at that
time between him and the accused
man. Fisher was questioned as to
conversations between himself and
Meagher and particularly as to what
was said at the time Blake stopped
Meagher on the first occasion when
the latter was on his way down the
Street to where Davenport was in the
ar. Fisher claimed to have endeav-
ored to persuade Meagher to avoid
further trouble. but this statement
was eontradicted by Blake, 10 whose
evidence counsel for both sides
seemed to attach considerable inn
portance and vas accepted with far
better gract than was the testimony
Of Fisher.
Mrs. w. II. Lambert was the next
witness and testified that she learned
OF the trouble when Mr.. Lambert
came home in the carly morning and
informed her that there had been
some disturbance IN his place of
business. She later saw Davenport
coming in an easterly direction along
Aultman street and travelling at a
gait too fast to be termed a walk. The
district attorney suggested the term
'dogtrot' and Mrs. Lambert said that
practically expressed II. She said
she called TO Davenport but received
no reply. She then went into the
house and noticed that it was just
4: 25 o'clock. She called Mr.. Lam
bert on the telephone and told him
OF having just seen Davenport head
ed in the direction of the Senate.
Elmer Conlin then took the stand
and testified along the same general
lines as the witness who preceded
him, but when asked II he had left
the Senate after Davenport went out
and before Meagher was shot he re-
piled in the negative.
II. f, Abel vas then called by the
state and told of the argument be
tween Davenport and Meagher. AZ
H. was further questioned he testified
that it was known that Davenport
was in the automobile near the Rex
thoater because Conlin had left the
place and returning later remarked
within the hearing of Meagher thai
Davenport was down the street In
the car. Abel further testified that
he later went TO breakfast at the
American cafe and when his attention
was attracted to the fact that Mea-
CHER had gone down tho street he
looked from the doorway in the di-
reCtion OF the car, where he saw both
Davenport and Meagher and that
both had hold of the gun. Within a
few seconds he heard the shot and
shortly thereafter Meagher slowly
sank to the street. Abel was clearcut
in his testimony. which tailed with
that OF the witnesses Blake ard Ca
born. Blake, Abel and Caborn were
the three cyewitnesses to the tragedy
and their testimony was frequently
referred to during the trial as being
the most dependable given from the
stand.
Richard Caborn, night clerk at the
Northern hotel at the time the shoot
ing occurred, was next called to the
stand. The young man made a ia.
vorable impression as he approached
the witness chair dressed in the uni.
form of the American army. He said
In reply to questions that he was TEN.
porarily located ut the citizens train.
ing camp at Fort Douglas. but the
morning Of the shooting he was