Evening star., 1932-09-30
DAVIS POSTPONES
OWN TESTIMONY
Defense Counsel Prepared to
Take Trial of Lottery Case
Into Third Week.

By the Associated Press
NEW YORK, September 30.-Pre-
pared to 60 over into its third week,
the lottery trial of Senator James j.
Davis resumed for a short session In
Federal court today prior to weekend
recess
Defense attorneys, who earlier in the
week had announced they hoped to
complete their case in three days, said
they expected to present additional
character witnesses and others before
giving the case to the jury.
Although withholding definite an
nouncement as to their final intentions.
defense counsel gave assurances that
Senator Davis would not take the stand
today.
They are attempting to disprove the
Governments contention that Davis. d.
rector general of the Loyal Order OF
Moose, was aware the organization had
conducted alleged lotteries under the
guise Of charity drawings.
Jenkins Is Recalled.
Joseph A. Jenkins, an official OF the
order, was called to continue his testi-
mony today. He was expected to elab-
crate on his statement, made yesterday,
that he and Fred w. Jones purchased
the Senator's Moose organization con-
tract prior to the drawings in 1880 and
1881.
Yesterday jenkins, former Moose or
ganizer in Great Britain, said that
when he and Jones agreed to pay $780,
900 for the contract which brought the
Pennsylvania Senator revenue from
lodge initiation fees, he told field or
ganization supervisors to say nothing
about it.
This was because they wished to hold
the prestige of Davis name in the work
Of launching new lodges and garnerlng
members, 1t was brought out.
The point previously had been
touched on by the defense to show a
legitimate reason for lack Of any for
NAL record of the transaction which es-
tablished, they said, Davis had severed
his connection with Moose work before
the alleged Moose lotteries were held.
Davis is charged with conspiracy and
aiding transportation Of lottery tickets
across State lines.
Priest Causes Laughter.
Judge and jury joined the laughter
once, and the Senator on trial smiled,
when Father John j. Laffey, Of Moose
heart, Ill, voluble and effervescent,
was Id1Tly SpuIleILlS LIS plOICSt dSd1lLs1
the ponderous legal manner OF usher
Ing in character testimony.
Like United States Senator Royal S.
Copeland and William L. Green, presi-
dent of the American Federation Of
Labor, who preceded him, Father Laf-
few was asked the usual preliminary
question whether he had heard the
character and reputation Of the defend
ant discussed. He was directed to
ANSWER yes or no."
How can I say-but-well, I'd
rather answer that question another
Judge Frank J. Coleman, smiling said
he was afraid he would have to answer
as asked.
Father Laffey pressed his lips, looked
helplessly at the bench and lawyers,
opened his arms in a sort Of beseech-
ing gesture, and then smiled an engag-
ing smile.
There was a burst Of laughter. and
the witness joined in, finally breaking
through the stringent court procedure
to make clear he didn't like the ques-
ton because it seemed to infer there
was some occasion for discussion Of
the Davis reputation.
Answer Sufficient.
How can you say mans reputation
Is good or bad when 1t never has even
been questioned?" he asked, with an
other broad gesture.
This answer was taken as sufficient.
Through Father Laffey and Rev. Coral
D. Payne, Protestant minister at the
Mooseheart, Ill, Orphanage, jurors got
a vivid picture Of the humming activity
in the community on January 3, 1881.
when cash prizes were drawn, followed
by a gala luncheon and presentation
of check for $150,000 to the orphan
age as part profit Of Moose charity
balls and alleged lotteries held In con-
Junction
The prosecution contends that Sen
ator Davis was the leading spirit in the
money-raiSing scheme and that he
profited personally-though this was
not charged in the indictment-to the
extent of $772,300 from receipts of some
$3,000,000 from the 1880 and 1881 ball
and lottery projects.
The defense claims Davis knew moth
ing of the lottery and has introduced
many Moose witnesses who said he did
not attend the prize drawing in the
Mooseheart Printing Building, though
he was present at the luncheon which
followed and made the presentation
speech which accompanied the $150000
check to Mooseaeart.
Father Laffey corroborated the de-