Refltter-Coord, Refltter-Coord, Refltter-Coord, Cageve, Oregon ID Wednesday, Oct. 7, 1959 Manslaughter Trial Opens In Lane Court By JERRY UlIRHAMMER Of 111 RegUterGuard How much vodka did Jack Joe Davis drink on the night of April 11? j Thi wai one of the central; question! Tuesday as Davis' trial on two charges manslaughter and negligent homicide opened in Lane County Circuit Court before before Judge A. T. Goodwin. It was on that night last spring that the 22-year-old 22-year-old 22-year-old 22-year-old 22-year-old defendant's auto was involved in a collision on Highway 90 near Cottage Grove. .The driver of the other car, Leroy Junior Dyer, 38, of Roseburg, was killed. Davis, of 1124 9th St., Springfield, Springfield, is charged by the state with being grossly negligent. And the manslaughter count alleges that he was under the influence of Intoxicating liquor. TESTIMONY ON DRINKING Donald D. Huckins, 21, of 357 Lone Oak Dr., Eugene, a passenger passenger in Davis' car on the night of the crash, told the court Davis had been drinking. Huckins, his hip In a cast,, was brought into the courtroom on an ambulance stretcher. He related under direct examination by District District Attorney William Frye that he and Davia had "one or two bottles of beer" the afternoon of April 11 while washing Davis' car; then Huckins had purchased a pint bottle of vodka. Huckins testified that he and Davis picked up Shirley Mae Petersen, Petersen, 19, of 1475 Oak Dr., Junction Junction City, and drove to Cottage Grove in an attempt to get a date for Davis. j On the way, Huckins testified, 1 he and Davis had a drink of itraight vodka. Later, after try-, try-, try-, lng unsuccessfully to persuade a Cottage Grove girl to accompany them, they ran into a ditch and! had another one or two drinks i from the bottle while waiting to be pulled out. Huckins testified he threw the bottle of vodka away while they were stuck. Only a quarter or third of the vodka had been consumed, consumed, he said under cross ex amination by defense Attorney Hale Thompson. Later, he continued, they stopped in front of a house and Davis became sick. SEEMED TO RECOVER After that, Huckins testified, Davis seemed to recover and his "driving was good." He said the three of them drove to Drain but he remembered little else that happened on the return trip to Eugene. Patricia Basham, Dugan Ln., Cottage Grove, the girl they asked to come along, told the court she refused to go because "Jack seemed a little drunk." It was a short distance from the Basham driveway that the Davis auto ran into a ditch. The man who pulled Davis' car from the ditch with his tractor, Raymond Powers, also of Dugan Ln., Cottage Grove, said he saw one of the. youths the "taller boy" with a bottle In his hand: "The bottle tildn't have much in it... about an inch and a half, if that much," Powers said. Thompson indicated during his opening argument that there would be no attempt to deny the drinking by Davis, but he urged the jury to pay close attention to the time elements involved. The accident, he said, happened some 3 ',4 hours after the bottle was thrown away. And, he added, added, "it will be our position that this accident could have happened happened in either lane of traffic."