Evening star., 1933-09-19
Jury SEES CHARTS
IN LOTTERY TRIAL
Prosecution Contends Davis
Received $155,3OO From
Charity Balls.
BY the Associated Press,

By the Associated Press.
NEW YORK. September l9-Intro-
duction of large charts to illustrate the
destination of charit2 money taken in
by the Loyal Order of Moose in 1880
and 1881 brought vociferous objections
today from the attorneys defending
United States Senator James j. Davis
in Federal lottery charges.
Judge johnson Hayes ruled the charts
proper and Louis Mead Treadwell
youthful prosecutor. was permitted to
continued his opening statement accus-
ing Davis, and his co-defendant. Theo-
dore G. Miller. of causing lottery tickets
to be sent across State lines.
The first chart was headed. "Disburse-
ment of 1880 Receipts, Loyal Order OF
Moose Lottery"
Charts List Profits.
It was designed to show that Davis
and Miller received $3.50, 900 from the
total profits of S450,000. A like amount
went to Mooseheart. the Moose chill
drens home at MooSeheart, ILL.,, and the
remainder to B. c. MCGUIRE, a profess
sional promoter who has pleaded guilty
The second chart. similarly headed fol
1881, listed profits of 100000, of which
100000 was listed as going to Davis
and Miller, 100000 to Mooseheart and
100000 to MCGUIRE
There is no charge Of crime in the
receipt Of profits" Treadwen said, but
they show that Davis knew what was
going on, knew that lotteries were being
conducted"
Treadwell was not allowed to display
a third chart which detailed gross re-
ceipts of 1924 ,49344 from the two al
legged lotteries. net profits Of $750c00
of which $250,000 went to Mooseheart
$3.50, ,000 to MCGUIRE and $250,000 al
legedly to Davis and Miller.
Contends Davis Received $155,3oo
The total profit for Davis, according
to the Government contention, amount
ed to $155, 800. Only SIS, 300 was listed
as going to Davis personal account, b:..::
the Government claims that $4,000
paid to the Moose organization depart
ment was paid, in fact, to Davis, since
he was alleged to be sole owner Of the
department.
The total paid to Miller, Treadwell
claimed, was $76,849.71.
Charles H. Tuttle opened for the de-
fense. Every time Treadwell speaks o1
this thing" he told the jury, "he is
going to call it lottery That is his
privilege. We deny it was lottery.
In the first place." he continued
1--WE claim that Senator Davis knew
nothing about the Moose charity balls
and that he never consciously got q
cent out Of it."
Says Million Went to Mooseheart.
Tuttle argued to the jury that the
charity ball tickets were not, in fact
Ia SA1~ ~
across the State lines.
He also took issue with the Govern
ment on the amount of money that
went to Mooseheart. He said that OF
every 81 taken from the project by
local Moose lodges, 50 went to Moose
heart. 81 to a lodge charity fund, SO
cents to support the Moose magazine
and so cents to the Supreme Lodge
All told, he asserted, 100000 went tc
Mooseheart.
Tuttle then jumped into q dramatic
recital Of Davis career.
HE began as q boot-black," he said
"and then q telegraph boy-and one Of
his duties as telegraph boy in q min
ing town 40 years ago, was to deliver
kilograms informing miners wives they
were widows after mine accidents, and
that now their children would be scat
tered and be the objects of charity
among the neighbors.
HE made up his mind then and
there, that as soon as he could, he
would do something about It,"
Tuttle said the Senator took ovel
the organization work for the Moose
in 1905 and increased its membership
from 246 to more than 100000.
1.-THE evidence will show" he said
that Jim Davis gave more than he evel
received"