Evening star., 1933-10-13
DAVIS AND MILLER
SOB AT ACQU|TTAL
Senator Cleared in 1881
Alleged Lottery-1930
! Indictment Stands.
By the Associated Press.

By the Associated Press.
NEW YORK, October 13.-James j.
Davis, Junior Senator from Pennsyl-
vania and former Secretary of Labor IN
three cabinets, stood acquitted today OF
charges that he caused the sending OF
lottery tickets across State lines in
1881.
Another Indictment charging the
same offense in 1880 still stands against
him.
A Federal jury which heard three
and half weeks of testimony decided
in three hours of deliberation that
neither Davis nor his co-defendant,
Theodore G. Miller. committed any
crime in the promotion of fund
raising enterprise for the Loyal Oroer
Of Moose in 1881.
Davis Second Trial.
1t was because Davis is director gen.
eral of Moose and Miller head OF Moose
propagation that they were brought to
trial as responsible for ''MooSeheart
charity balls" in which cash prizes
were distributed nationally to the hold
ers of lucky tickets. The trial was the
second for Davis. the first ending in
mistrial year ago.
The verdict brought an uproarious
demonstration from court room specta-
tors
Senator Davis was to address the
American Federation of Labor in Wash
ington today. Then he will go to
Pittsburgh to see his father, who is
blind
The verdict came at the dinner hour
last night The court room was filled
With Moose officials. Senator Davis sat
tense at his counsel table. Next to him
sat a Somber-faced youth of Is. his son,
James j., jr. Charles J. Margiotti
Pittsburgh lawyer and chief advocate
for the Senator. drew tight lips waiting
Tor Foreman Frank j. Berr to speak.
I'VE find both defendants not guilty.!
AS if they were one body, the crowd
in the court room came to its feet and
emitted an ear-splitting outcry.
Davis Weeps.
Davis was on his feet, large tears
running down his tanned cheeks. His
son embraced and kissed him.
When Judge Hayes left the bench,
the demonstration commenced again
Men and women surged forward to
grasp the Senator's hand His attor-
neys. Margictti on one side, Charles H.
Tuttle on the other. propelled him to
.iiC July DCA. 1edIS Sllll streaming
from his eyes, he grasped the hand of
each of them
Thanks! Thanks" he choked.
lay his head on the shoulder
OF George j. Mintzer, his attorney, and
wept. He too. shook the hands of the
jurors and muttered appreciation.
Davis broke away from his we'll
EfShers to write a statement He COM
pleted it hastily and mounted the plat
form on which sits the clerk of the
court
Il thanked my God when 1 heard
the verdict" he read. His voice broke.
L never lost my faith because I knoS
! was innocent
Promoter Pleaded Guilty.
Neither Davis nor Miller took the
stand. Miller's department was al
leged to have promoted the alleged
lottery in cooperation with Bernard
{. MCGUIRE, professional promoter.
MCGUIRE pleaded guilty in the case.
after being convicted in a similar pro-
position involving the Fraternal Or
der of Eagles.
In his charge to the jury, Judge
Hayes discussed the two counts of
the Indictment which charged use Of
the mails for the sending of tickets
and said Of the last count: "Conspir-
acy Is a corrupt or unlawful agree
ment between two or more persons 10
violate the law, but it is not complete
unless scme overt act is done to carry
it into effect
1t is matter of common knowledge
that when men engage in a criminal
enterprise they do not proclaim their
criminal purposes to the world" said
the court. Conspiracy may be proved
either by direct or circumstantial evi-
dence
You must determine if a conspir-
acy has been proved"
VERDICT AFFECTS RACE.