Evening star., 1947-06-12
New Trial Move
By Davis Defers
Sentence 10 Life
Term Is Mandatory
Under Jury Verdict in
McAIIister Murder
By J. B. Zotmon
Star ,Sioff Correspondent

ence McAllister, 20.
The verdict was returned late yes.
terday by a Washington County
Circuit Court jury with the recon.
mendation that the former sailol
should not die for the crime. Under
such a verdict, sentence of lift
imprisonment is mandatory.
In response to request by defenst
counsel, the court deferred sentence
pending hearing at 10 am. Wed
nesday on motion for new trial
Davis -sas charged with thu
hammer Staying of Mrs McAllister
whose body was found December II
in the family home at Burtonsvillt
in Montgomery County The cast
was removed to Washington County
under defense petition for 6
change of venue.
Verdict in so Minutes.
The jury deliberated only so min.
uteS before reaching a verdict
Davis face remained expressionless
when he heard his fate He rubbed
his hand ever his mouth and sal
down. A few minutes later, he was
handcuffed and taken to the county
Jail here.
About two hours earlier, Paul E
Sprecher, Hagerstown, a member o1
the jury, collapsed because of the
heat. A mistrial was averted, how
ever, when he was replaced by H
Maxwell Yingling, also of Hagers-
town, who was sworn in as an alter
nate juror before the trial opened
Monday.
In their closing arguments, prose-
cutting attorneys claimed there is
mot one circumstance in this case
that doesn't point to Bruce Davis as
the killer of Florence McAllister."
Time of Death Uncertain.
Martin L. Ingram, Washington
County States attorney, admitted
the prosecution did not know the
exact time of the killing. But he
asserted that all the evidence points
to the fact Mrs. McAllister was
murdered the night of November %
or in the early morning of November
20, the last time Davis saw her"
During the trial, three physicians
testifying for the prosecution said
Mrs. McAllister had been dead for
three days to possibly" two weeks
before her body was found.
At the opening of yesterdays ses-
sion, the prosecution agreed to a de-
fense stipulation that Davis had
been in Tennessee, or surrounding
areas, from November 80 to Decem-
ber 10, when he was arrested in
Memphis
While Mr.. Ingram conceded in his
closing argument that the States
case was based largely on circum-
stantial evidence he asked the jury:
IF this man had nothing to hide,
why didn't he give himself up? Why
did he run away if he wasn't guilty?
His suicide attempt by taking poison
in Memphis was consistent with the
actions of guilty man."
Defense Hits Vague Points.
Defense Attorney Paul B. Mules,
in his closing argument to the jury,
said the State should be ashamed
to take up your time with such a
case"
He contended there is mot one
circumstance they have pointed to
that you can put your finger on and
say, that's the truth
Can they say when this woman
died?" he asked. The prosecu-
tion's entire case is based on the
theory she died November % or
prior thereto, but there is no evi-
dence to support it,
He quoted DR.. Frank J. Broschart,
Montgomery County deputy medical
examiner; as saying at the prelim-
mary hearing last December in
Rockville that Mrs. McAllister had
been dead "a or 48 hours.
80 what did the prosecution do?"
Mr.. Mules asked. They made the
evidence fit the crime because they
learned November % was the last
day Bruce Davis was in Maryland
so they set that date as the date of
her murder"
He described DR.. Richard Rosen-
berg. deputy District of Columbia
coroner, as 'scalawag whose testi-
mony can't be believed"
DR. Rosenberg had testified Mrs
McAllister had been dead at least
10 days.
Davis Denies Staying.
Yesterdays testimony was high
lighted by the vigorous denial by
Davis that he had killed Mrs. Nc
Allister. He said he drove to Ten
nessee with her in her car Novem-
Der 20 and put her on bus to At
lanta about midnight the same day
in Kingsport, Tenn.
To bolster the defendants con-
tention that he and Mrs. McAllister
had been in Tennessee on that
date, the defense earlier presented
surprise witness, Deputy Sheriff
George E. Cox of Kingsport. who
testified he had seen Davis and Mrs.
McAllister at a bus station there
shortly before midnight on Novem-
ber 20.
Davis leaned back in his chair
on the witness stand and spoke in
a clear. firm voice as he told of his
movements November % and 90.
The stocky, brown haired defend
ant told the jury Mrs. McAllister
had decided to go to see her hus-
band, who is serving a 20-year SEN
tence in the Atlanta Penitentiary
for rape
He said he decided to drive her
to Atlanta, after which they agreed
to go to Florida for a few weeks.
Il stayed with Florence in Bur
louisville the night of November g."
he testified. I'VE got up about 9
o'clock the following morning and
went to a Laurel gas station, where
1 signed her name to a check be-
cause she didn't have a fountain
pen
I'VE left Laurel about noon to
drive to Kingsport, Tenn, about
448 miles away.
We got there about II O'Clock
that night and about an hour later
I put Florence on a bus going to
Atlanta"
He claimed he never saw her nor
heard from her after that.