Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-27
DAVIS EXONERAyION
ST|RS VERBAL FIRE
Court Crowd Split, and State
viii Take Case to
Grand Jury.

a picturesque hearing last night in
the open air beneath the grape arbor
In Constable Tom Garrison's ward at ,
lIyattsville. Md, reached "a sensation
al climax when Justice of the Peaca
John ]. Fainter exOnerated Meyer d.
Davis. local orchestra organizer. from
charges Of granddaughter growing out
nf the death of Bernard -. Booker
Philadelphia attorney, who was killed
during a collision while n passenger
in Mr.. Davis automobile at Rtverdale
on the night of June 2.
In sharp words, after the announce
ment of the finding, the prosecution
announced that the matter would be
presented TO the grand jury, which ,
would also receive version of the
circumstances surrounding the deCi-
sion.
That sentiment was distinctly d-
Vided in the vicinity was evidenced
by the applause and Outspoken com
ment when Judge Fainter announcer
his findings OF all unavoidable acct
dent" and also by the eucourag ing
acclaim greeting the announcement Of
States Attorney Alan Bowie regard
ing grand jury action.
Judge Fainter made his decision
after the State had rested and before
the defense put on any rebuttal teSti-
mony. lie announced that from the
evidence nothing more than an nm
avoidabe accident had been made out.
and accordingly he dismissed the
case.
Called Question Of Speed.
"The question in this case hinged IN
speed" Judge Fainter said in an
nouncing his decision. I'm cases Of
this sort we usually find that one par
tiCipant in an accident generally
blames the other for it, If ] were 20
stand on the curb and observe ma
chine going at what I thought was 30
miles an hour. and / got a warrant
charging speeding, any one who was
brought up and convicted on such u
charge would be naturally indignant
in such a situation.
THE State law does not permit any
evidence such as L think he was going
50 miles an hour The State provides
motor cycle policemen with speed
ometers in order 10 obtain evidence
as TO the speed of automobiles.
Here no one is 10 blame but the
State itself. Had State officer been
on the pike who could have trailed
Davis automobile on that night. then
the State could have produced evil
dence as to the speed. / find that this
was an unavoidable accident and the
charge is dismissed"
At this iuncture there was applause
and loud comments from spectators in
approval of the finding.
Then States Attorney Bowie, jump
ing TO his feet. announced:
"It has been necessary in cases in
the past to go TO the grand jury after
such finding, and it will be done
again.
Sour grapes" interjected ]. Wilson
Ryon, of counsel for the defense.
Magruder Adds Protest.
1--WE will see. Mr.. Justice of the
Peace. announced NJ. Hampton Ma
sruder, associated with states Attor-
ney Bowie in the case, whether we
can't get some action by the grand
jury in this case, and whether we
can't get SOME action By the grand
jury on YOU
THE public need not be afraid that
this matter will DROP supplemented
Mr.. Bowie
George b. A. Booker, father of th9
victim. who had previously testified
that he suspected trap during an In
terview on the case with Mr.. Davis
and his attorney, said he was brought
IN here four times from Newport
News. Va, only to have the case con-
tinued each time. He expressed
hone that some definite action would
be taken in the future.
Attorneys William r. Ieahy, Nor
r.is simon and J. Wilson Ryon repre-
scented Mr.. Davis at the hearing. Mr..
Bowie represented the State and be-
side him sat Mr.. Magruder. who was
representing the interests of the fam-
lily of the deceased.
Witnesses Tell Of Speed.
w. Parker Reinohl OF RiveE
dale. Md, testified that he saw tho
machine, coming from Washington,
later alleged by the State as the Davis
machine. flash by him a short dis
tancs from the scene Of the accident
SO quickly that he could not identify
the car or it's occupants. He esti-
mated the machine was going 80
miles an hour.
w. Parker Reinohl, jr., testified that
he saw the Davis machine attempt 20
swing in front Of the automobile OF
William A. Rogers, of Riverdale.
which was crossing the road shortly
before it was struck by the Davis car.
and then saw the Davis machine try TO
sverye back. He estimated from the
high-pitched hum of the motor and
from watching 1t approach. that II
was making 40 to 90 miles per hour.
Mr.. Rogers, operator Of the auto
mobile which was struck. said his
machine was approximately feet be-
yond the pike on Madison avenue
when struck. Cross-examination de-
veloped his belief that the car which
struck him did not leave the road
more than Is inches.