Evening star., 1933-10-10
|DAV|S REPLACED,
| WITNESS ASSERTS
Moose EmpIoye Says Jenkins
Assumed Organization
Work in May, 1880.
BY the Associated Press.

NEW YORK, October l0-Evidence
that United States Senator James J.
Davis OF Pennsylvania separated him
self from the organization department
OF the Loyal Order of Moose was Of
fered at his Federal lottery trial today
in an effort to show he was inactive
in the Moose at the time that alleged
lotteries were conducted.
David E. Nichols. an employe Of the
Moose organization department, testi-
fled cable was sent to Joseph jenkins
at Davis behest in May, 1890, asking
jenkins to return from England and
take over organization work in Amer
lea. Subsequently, he testified, Davis
name was removed from the door of
the organization Office in Pittsburgh
and replaced by that of Jenkins.
The Government sought to offset
Nichols testimony by introducing let
ter in which jenkins had said he was
succeeding Fred w. Jones as director of
organization.
The first witness of the day was Earl
Smith, son of Moose supreme coun-
cillor, who attended a meeting of the
council in Sharon. Pa. in August. 1880
Substantiates Testimony.
The defense has tried to show the
council at that meeting discussed the
transfer of an organization contract
from Davis to Jenkins and Jones'
Smith substantiated testimony of sew
eral others who preceded him, saying
the council did discuss the purported
transfer.
The Governments concern in the or
ganization department Of the Moose lay
in the fact that some money from al
legged lotteries was paid into the treas
ury of the department, the inference
being that Davis thereby profited, and.
therefore, had knowledge of what was
being done
John L. Lewis. president of the
United Mine Workers of America was
called after one other minor witness
had been disposed Of
He said he had known Davis II
years and had been frequently in touch
with him in connection with labor
affairs.
Have you discussed Senator Davis
with any one?" asked Charles J. Mar
giotti of defense counsel.
Yes" said Lewis, from humble
workmen up to presidents"
Prior to September S, 1881 the date
Of the alleged offense. what was his
reputation for honesty, integrity and
lawfulness?"
1T was good" said Lewis.
Louis Mead Treadwel. assistant
United States attorney. asked if he had
ever heard that prior to the offense
charged, Davis had proflted from lot
teries.
No" said Lewis.
David E. kaufman. former American
Minister to Siam. and before that Min
lister to Bolivia. also testified that
Davis reputation was good.
Character testimony offered at Davis
first trial by Senator Royal S. Copeland
and President William L. Green of the
American Federation of Labor was
first prosecution of Davis, a year ago,
resulted in mistrial.
David E. Nichols Of Pittsburgh. who
described himself as secretary to Jo-
Seph jenkins, next testified that he,
acting on instructions from Jones,
sent cablegram to Jenkins in May,
1880, asking him to return from Eng
land and take over Moose organization
work in America. The cable intro
duced in evidence. said that the di-
rector general Davis desired Jen-
kins' return for the purpose.
$4,000 Check Traced.
do you recall" asked Margiotti |
that early in January, 1882, the Or
ganization department received a check
for $4,000 from the propagation de- !
partment?"
Il do"
What was done with it?"
1T was deposited in the Fidelity
Title & Trust Co.
What became of the proceeds"
The question had to be reframed
several times to get over Government
and Nichols eventually tes-
titled that he drew out $4,000 of it
and turned it over to jenkins, who then
placed it in tin strong-box.
Treadwell brought out that two other
concerns were housed with the Or
ganization department and managed by
the same staff They were the Liberty
Bond & Mortgage Co. and the Layman
Jewelry Co.
Nichols said that Davis was the prin-
cipal stockholder in both concerns
The jewelry company, he said. manu-
factured lapel emblems and sold them,l
to the membership: the mortgage COM
pany financed lodge building.