Evening star., 1923-10-27
POLICE TRIAL BODY
HEARS DAVIS CASE

hEAhS JAWS CASE
Continued from First Page.)
against him. 1t was reported that
the case was biased on his vacatinX
an apartment without giving one
months notice.
BurreII First witness.
w. E. Burrell, former prohibition
agent. WAS the f1rst witness called. He
testified that, while on a detail at the
second precinct with Agents Fowler
and Packard, he went to Rhode Island
avenue northeast, near Mount Rainier
where he gave chase to q large tour
Ing car a Jar was thrown out of the
fleeing car. Private Bauer. who was
accompanying witness, after catching
the machine. 1t was testified, picked
UP a revolver from between the cush-
Ions. A rife also was found in the
large touring car.
Charge Bottle Filled.
After arrival at the second precinct
with prisoners. witness added. bot
tie. filled, was produced. supposed to
be used in the case rs evidence 81
know there was no liquor In the car
when we searched It," Burrell said
Witness declared the defendant in the
case "got eighteen months" as pen
atty after conviction in the case.
Under grilling cross-exanantaion
Burrell said he had seen bottle in
the pocket OF the automobile door
but that II was uncorked and empty.
Fowler Takes Stand.
George Fowler. prohibition agent,
witness called. He testified on the
same charge as Burrell, involving
Pomeroy Brown and James Pritch-
ard. He testified that after catching
the automobile alluded to by Burrell
he found a rifle. several cartridges
and bottle in the car.
Parenthetically, this charge against
Davis consists in the alleged fran
ing" of a prospective prisoner by
producing-for use as evidence
bottle -ef-iiquor which was not cap
tured from an automobile.
Attorney Wampler. defense counsel,
ross-questioned Fowler at length.
Fowler testified, however, that he
did not see Davis put anything IN evil
dence: Under griiling Wampler
not assign any reason for not prefer
ring charges against Davis at the
time. Fowler also said he knew that
Davis had preferred charges against
him which resulted in his (Fowlers)
suspension without pay from his posi-
tion as prohibition agent.
wampler produced a statement
turned into the office of the district
attorney in this case wherein he. Fow-
Ter, was said to have recovered a
rife, several rounds Of ammunition
and "a half pint of liquor" from the
seized car. Fowler admitted he knew
the contents of that statement.
Chark II. Packard, another prohibi-
tion agent under suspension. was next
called. He gave testimony greatly
similar to the witnesses preceding
him.
Packard was given a close exami-
nation by Attorney Wampler. Wam-
pier continued to make the point
that the charges were filed against
Davis after Davis had filed charges
against prohibition agents by ex-
tracing statements from Packard
regarding the filing of the charges.
Wampler asked IL this was spite
work" - fling of rountercharges.
Witness denied that it was Spite
work"
Pomeroy Brown aid not answer
when his name was called as a wit
Sergt J. D. McQuade was next
called. Declaring he was present
when the automobile was stopped.
McQuade testified that he was given
a bottle Of corn whisky by Fowler.
who said, witness continued, he had
taken 1t from the car. He returned
the bottle to Fowler, witness testi-
fed. who took it away.
Private Harry q. Bauer next took
had turned over bottle to sergt.
McQuade after searching the car.
Bauer, however. declared the bot
tie to be q round one. with a paper
stopper. while McQuade said the bot
tie Fowler gave him was fat. ).
In his own behalf. ,
"T've never seen the bottle that
was spoken Of here" declared Davis
He added that Fowler dictated the
sers the in whia It wss
ed that half a pint Of corn liquor
was found in the automobile.
He emphatically denied he ever
filled any bottle in an attempt to
fabricate evidence.
cross filed as an exhibit
the original information against
Brown and Pritchard, as we'll as a
court record showing that these two
men pleaded guilty to the charges
against them.
Linton S. Evans. prohibition agent.
was called as a witness against Lieut..
Davis on the second specification.
Evans testified that he was un-
able ITO get buy" In a prospective
case. and that Davis suggested the
premises in which a still was, sus-
pected to be in operation. so that a
search might be facilitated. Evans
could not tell where this place was.
In cross discrimination. he admitted he
could not tell whether this house was
in Georgetown or Anacostfa.
Fowler Tells Of Plans.
Agent Fowler also testified on this
charge. He explained that it was the
desire to get a warrant for a place
OF business, which Is easier to OBJ
tain than one for a private dwelling.
He mentioned a smelling warrant"
explaining that this warrant could
be obtained upon deposition that the
mash could be "smelled," provided
the scene Of the proposed raid was
a. plase OF business. Under cross
examination Fowler testified that he
could not remember when such q
suggestion was made.
Questioning Fowler as to his mo-
tive In making charges-after. Fow-
Ter had admitted he made this charge
after charges by Davis had been filed
against him-Attorney Wampler
asked. ~
"rhen in a spirit Of retaliation.
after he had preferred charges against