Evening star., 1941-04-10
Dentist Freed
In Traffic Death
OF Fireman
Witnesses Deny
Dr.. Mark Davis
Wos Intoxicated


Washington dentist, was free today
of a manslaughter charge after a
Montgomery County Circuit Court
jury acquitted him last night in
connection with the traffic death
of John G. Adair, jr., Chevy Chase
fireman. killed February 27.
The verdict was returned about
$50 pm. after an all-day trial be-
fore Judges Charles Woodward and
Stedman Prescott, during which AS
sociate Justices Oscar r. Luhring
and James M. Proctor of the District
Court were among eight character
witnesses who testified to the very
good" reputation as to sobrlety,
peace and good order of DR.. Davis.
The defendant had been held after
Mr.. Adair was killed on the East
West highway while fighting fire
at the Bethesda Chevy Chase High
School. The State charged that DR..
Davis drove his car at high rate
of speed past a red warning flare
and a policeman signaling with a
f1ashlight into the fireman as he
tended a pumping engine at the
scene.
Denies Excessive Speed.
Taking the stand late yesterday in
his own defense, DR.. Davis denied
travelling at high rate OF speed
and said he couldn't have been
going more than 40 miles an hour
at any time. He said the sudden
appearance of binding lights caused
him to slow down and that he was
not going faster than 80 miles an
hour at the time of impact.
Under questioning by States At
torney Ben G. Wilkinson, prosecu-
ton witnesses testified that DR..
Davis car was travelling from 80
to 70 miles an hour" just before the
accident.
Five policemen testified that in
their opinion DR.. Davis was under
the influence of alcohol at the time.
In answer to a question by F.
Barnard Welsh. chief defense coun-
sci. DR.. Davis testified he had only
one drink-a scotch and soda-the
night of the accident, and was per-
fectly sober when he left for home.
Testify to Lone Drink.
Defense witnesses also testified
that Dr.. Davis had had only one
drink during the evening spent
at the Columbia Country Club just
before the accident. The defendant
had remained at the club from
about $50 pm. until about l 80 a m.
watching four friends play cards.
When he left, the friends testified,
he was perfectly sober"
In addition to Justices Luhring
and Proctor, the character witnesses
included DR.. Arthur Christie OF
Ednor. Md; DR.. J. Thomas Kelley
surgeon of DarnestoWn. Md, and
Washington; DR.. William H. Trail
of Rockville; Thomas D. Lewis,
Bethesda realtor, and George P.
Plummer and George C. Bowie,
officials of the H. l.. Rust Co.
Examining Doctor Testifies.
In cross alton of DR.. Emil
G.. Bauersfeld of Bethesda, prosecu-
ton witness who had been called by
county police to examine DR.. Davis
after the accident, defense counsel
asked what form the examination
took.
DR.. Bauersfeld replied that the
examination consisted of an OBJ
servation of the defendants condi-
tion-"one of inspection rather than
a physical examination"
Asked for his conclusion, DR..
Bauersfeld replied:
Il concluded he was in a state Of
alcoholic stupor"
Mr.. Welsh asked if DR.. Bakersfield
had examined DR.. Davis for blood
pressure, for balance, for conference
and other tests for sobriety. The
physician said he had asked the de-
fendant questions, but had not COM
pleted the examination because the
pOllCb Cdlllc III IllC lOOlil dIlo ttOh
DR.. Davis away.
Did you examine his eyes?" Mr..
Welsh asked
"I was close enough to observe his
eyes" replied DR. Bauersfeld.
. The defense counsel then asked:
Has DR.. Davis a glass eye?"
Il don't know replied DR. Bauers-
field.
DR.. Davis was represented by
Robert B. Peter of Rockville and
Joseph T. Sherier of Washington, in
addition to Mr.. Welsh.
Members of the jury were ]. Rus
sell Allnutt, foreman; John A.
Wightman, James H. Nolan, George
H. Jones, Earl L. Holland, Clarence
c. Offutt, Edward A. Henderson,
Roland l.. Banks, sr.; John l.. King,
Harold A. Pierce. J. Vinson Peter
aud IpSppb 2 Dy1pS