Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-06-25
DAVIS DEMANDS
IMMEDIATE TRIAL
Refuses to Waive Hearing
Before Police Justice.
July 7 Set.

olduSuleT ana reckless driving were
booked last night following an inques
at Ilyattsville into the death o
Bernard Booker. lawyer, who wa!
killed while riding In Davis automo
bic in Riverdale. Md, on June 2, ap
peared before Justice of the Peac,
Fainter at noon today, refused t,
waive preliminary hearing and de
manded an immediate trial.
Morris Simon, attorney for Davis
declared that his client knew nothing
Of the court of inquiry last night
which was held by Justice Fainter i,
the office OF Constable Tom Garrison
He said Mr. Davis would have vel
coined the opportunity to explain the
accident in which Booker was fatal,
injured and asked that he be heart
without further delay. Justice Fain
ter thereupon set July AS the date
Tor the hearing and placed Davi.
under $4,000 bond, which was post &c
by Milton S. Kronheim
Sideswiped Another Machine.
The court of inquiry was told last
night that Davis car, containing the
musician. Booker and Miss Marion
Northrup of Washington, was pro
ceeding through Riverdale from the
direction OF Washington when it side
swiped an automobile operated by vii
liam A. Rogers of Riverdale Booker
was said to have received his fatal
Injuries In this crash.
Rogers said his car was parked 10
the right of the road. lie was walking
from gasoline filing station when
he saw what proved to be Davis car
q r. N saf n l.
10 be between % and 80 miles an
hour. lie declared there was ample
room for Davis machine to pass.
Other witnesses testified to the speed
of the orchestra leaders machine.
Clarence Holmes saying he was. in
his bedroom when he heard Il roar.
ing by"
Robert King of HyattsvilIe de-
scribed Davis speed as IAN awful
rate. He also testified that after
the accident he saw Davis hand money
to the woman in his car and admonish
her to keep quiet and say nothing.
lie Judged the speed of the car TO be
80 miles an hour. DIR. X. A. Bennett
heard the crash and answered cal
for a doctor. He ordered Booker
taken to hospital Immediately.
fNNCfUcHt 1tStu lIA6tOiuhDe.
William y. kneesi, who also testi
fed. told the court that he tudge4
from the noise Davis car made that
1t was travelling at about so miles al
hour. Clarence Marshall, managing
editor OF the United States Daily. al
intimate friend Of c. b. A. Booker
the dead mans father, said that Davis
declared In the presence of the elder
rsaN
and others that the accident was un
avoidable and that he was not travel
ing at an excessive speed. Mr.
Booker. who is from Newport News
Va. told Of identifying his sons body
At the close of the inquiry States
Attorney Alan Bowie asked the court
TO issue warrants charging Davis With
nlanslaughter and reckless driving
Sheriff Howard Fink and Consta blt
Garrison 'sWore to the warrants. Miss
Marion Northrup of Washington, the
woman who was i'll the car at the
time of the accident. was listed among
the Witnesses.
Statement by Davis.
Mr. Davis issued statement giving
his version of the affair. The state
ment follows, in part
MIR. Booker was Il very close per
sonal friend of mine and one of my
advisers and counselors in connection
with Willow Grove Park, Philadel
phia. He came to Washington or
the evening OF the accident to take
dinner with me at the Chateau lie
PaIadis and to discuss several pend
ing matters. We left the lie Paradis
Building. at No. Thomas Circle, he
tween pm. and $50 pm. and drove
leisurely toward the Chateau, az
there was no occasion for any par
ticular speed. In the machine with
US. sitting alongside of Mr.. Booker on
the rear seat of the car alongside
the window which was broken, was
Miss Marion NoTthrup. l was ap
preaching the intersection Of Madison
street on the Baltimore pike. Coming
toward me at that time was the ma
chine which / afterward learned was
driven by Mr.. Rogers. Without warn
ing the Rogers machine turned to
the left and completely cut Off nv
right of way. l Immediately swer.ved
to the left in an effort to avoid crash.
ing head-on into the Rogers ma
chine The rears OF our cars collidel
with a slight contact, but of suffi
cient force to break the rear window
in the Buick coach which / was
driving. At first ! did not believe
the accident serious and, fearing that
due to the sudden swerve which ]
gave the machine an immediate
stop might have turned us over,
went forward a short distance and
brought my machine to g. stop.
Noticed B0oker's Condition.
On looking around. however,
noticed Mr.. Booker's condition ant
that he was bleeding profusely, and
realizing the Importance of getting
him to a hospital. l suggested to Miss
Northrup. who did not appear to be
injured. that she get a taxi and &C
into town. and 1 gave her funds with
which to do 50. / then immediatelN
turned my car around. two men, who
later advised me that they were police
officers, got into the car with me tt
keep the road clear, and drove with
all possible speed, in fact, as fast AZ
my car would go. to Casualty Hos
pital. The statement that there had
been any drinking going on is alb
solutely untrue and the question OF
my sobriety is best demonstrated by
the way I drove the car to the hos
pital. ANY statements questioning
the fact that I was, sober are con
temptible and hardly worth refuting
Advised of Indefinite POstpOnement.
'My business calls me in and out OF
Washington considerably. 1 under
stood, unoff1cially, that there was tc
be hearing at Hyattsville on June
8. 1925. to go into the facts in this
case. but on June / attended the
funeral Of Mr.. Booker at Newport
News, and due to pressing engage
ments which 1 was compelled to canoe
by virtue thereof, / inquired through
my counsel If it would be possible
to postpone same, and was advised
that such postponement would b.
agreeable. I was later advised tina,
the hearing would be held on Tues
day, June %, but on that day my