Evening star., 1932-09-29
DAVIS TRIAL LAGS
DUE TO HOLIDAYS
Verdict in Moose Lottery
Case Not Expected Until
After Next Monday.
BY the Associated Press.

BY the Associated Press.
NEW YORK, N. Y, September 29.-
That the trial of United States Senator
James J. Davis will go into a thirc
week, starting next Monday, was as.
sured today His attorneys announced
they would need the rest of the week
for introduction of evidence intended tC
refute the Governments charges that
Davis participated in alleged lotteries
conducted by the Loyal Order of Moose
in 1880 and 1881, under the guise OF
charity balls"
Since several jurors are Jewish, II
was certain that no court would be held
on Saturday. Thus far the defense has
refused to say whether Senator Davis
will take the stand on his own behalf
Repudiates Statements.
William Smith, a member of the
Moose Supreme Council of Rochester
N. Y, resumed the stand today for re-
direct examination by Charles Tuttle, OF
defense counsel. Smith yesterday re-
pudiated several statements he was
alleged to have made to Assistant
United States Attorney William B
Herlands before the trial.
Tuttle. having demanded transcript
VI GIt IuSollOIilllS DS It'll ldlluS dI
close Of court yesterday, asked Smith if
he had read it overnight
Yes" said Smith. and it doesn't
contain all the questions; only part
of them"
Smith said he had heard of the or
ganization contract by which Davis was
to receive the initiation fees of the
Moose, but not of the fees. He denied
telling Herlands he had never heard
of the contract.
The Importance of the contract lies
in the Governments contention that,
If Davis owned the Moose organization
department, he must have known of
the alleged lotteries because money
from them was paid over to that de-
partment by the Moose propagation de-
partment, promotion unit for the char
ity balls
Claims Contract Was Sold.
The defense claims Davis assigned
the contract to Fred w. Jones and
Joseph A jenkins for promised con-
sideration of 100000, before the al
legged lotteries were held. The transac-
ton. it was testified was oral.
William F. Broening. former mayor
of Baltimore. who testified that Davis
had told him he was so busy with other
organization work to Jones and Jen-
kins, underwent a grilling cross -exami-
nation lasting about half of yesterdays S
session.
To attack the defense contention that
Davis no longer was connected with the
department after the purported agree
ment with Jones and Jenkins In Sharon,
Pa. August 30 1880, Louis Mead Tread
well. assistant United States attorney,
brought out in testimony that at the
Atlantic City convention in 1881, the
Moose Lodge voted S125,000 be paid into
the organization department. because
Davis had advanced personal funds in
its behalf in the early years of his work
for the lodge.
Advanced for Early Work.
"Was this s125,ooO voted" Tread
well asked Broening. because Of money
advanced to the work from 1907 to
1912 by Davis?'
"Yes"
"And the reason it was voted to the
organization department was that it
was the easiest way to get 1t to Davis,
wasn't it?"
We'll the organization department
had charge of the work, of course"
Yes" Treadwen pressed, but surely
they weren't voting money to Jones
and Jenkins?"
Il must assume they were voting it
to Davis" Broening said. Jones and
Jenkins weren't in the work in the
early years, of course"
Then Treadwell asked Broening if
he didn't think the convention was
making a terrible mistake"
What thought was" Broening an
swered, that if Davis was entitled to
the money, he would get it and if ne
was not, he wouldn't take it."
Judge Frank j. Coleman had left his