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

CHER to go down and get him. He
quoted some of the language used,
the nature of which prohibits its pub
LEGATION. Blake's hesitancy to repeat
the language himself vas clearly no
tieeable. He said he induced Mea-
CHER to enter his place of business
and seemingly succeeded in his eff
forts to persuade Meagher not TO APP
preach the car where Davenport was
seated. Meagher later went down the
street, however, Blake said, but when
he reached a point nea the car in
question he turned and came back.
Upon his return he said. in substance,
that Davenport lacked the nerve to
shoot and here again the exact lam
guage was SO vulgar as to prohibit
its publication. Meagher and Fisher,
Blake said, left his place and later
Meagher went down the street. A
few minutes thereafter he heard the
shot and looking down he could Gee
Meagher between the cars but Day.
export was in such a position at the
moment that the witness could not
see him. Later he saw the two come
from between the cars to the street,
where Meagher fell dead.
The cross-examination by the dis
trict attorney did not shake the tes-
timony of Blake in the slightest de-
gree and seemed to be devoted chiefly
as to whether the bottle which Mea-
CHER carried really contained water
or moonshine whisky in its original
state and before the artificial coloring
might have been added. This Blake
passed over in the ordinary way and
in answer to several questions he sim
ply said that from the color and gem
eral appearance of the liquid his best
Judgment was that 1t was water.
The defendant was then called to
the stand. He was noticeably calm
and collected. His attitude through
out the trial was one of extreme con-
fidence. His voice was clear and dis
tinct. He showed no signs of ner-
vousness and his answers to questions
were not only readily responsive but
indicated a disposition on his part TO
tell the entire story.
The witness said that on the night
of July 8 he came 10 Ely from the
Rowland ranch. in Spring valley.
where he had been employed as a hay
hand. After procuring a change of
clothing and getting a bath it was too
late TO get a shave and haircut and
he then proceeded to walk about the
city meeting his friends. He related
the different places he visited during
the night and early hours OF the
morning. when he said he started
from Brady's place. in the redllght
district, down the street to get some
breakfast. The Senate. he said, vas
open and looking in he recognized
two of his friends inside. He entered
the place and told of the conversation
regarding the pugilistic affair. His
story of the qarrel and fight that fol-
lowed differed only in a degere. He
said he was struck and cut in the
head by one of the chairs thrown
by Meagher. and from all the sur
rounding circumstances he felt that
he had been set upon by a gang. He
left the place and went to the stone
cabin and got the gun, he said, mere
ly TO protect himself. as he feared
further attacks might be made. He
related his movements and those of
Meagher and his friends about the
Senate. which checked with the wit
ness Caborn, and. like the other wit
ness, the defendant said Meagher's
actions in general and taken as a
whole attracted his attention, and
when coupled with the preceding
events in the Senate he feared for his
life. He told of Meagher coming
down the street las testified to by
Blake, adding that on the first occa-
sion neither men spoke. When Mea-
CHER came the second time he walked
six or eight feet past the car where
Davenport was seated. according to
the defendants testimony, and then
turned. coming toward tho car and
remarking, in highly vulgar lam
guage, Il am going to get you The
defendant said he warned Meagher tc
stand back. and when the latter grab
bed the gun which he held he then
feared for his life and fired.
The district attorney cross-exam-
fned Davenport at length, but his
questions in the main were seeking