At a small but festive victory bash after his murder-for-hire trial ended in hung jury Jan. 22, millionaire industrialist T. Cullen Davis swigged cold beer and said confidently, "We'll get them in the next trial."

That chance will begin to unfold this week when Davis returns to court here in his home town to again face charges that he tried to hire a hit man to murder the judge who presided over his divorce proceedings.

Davis' flamboyant lead defense counsel, Richard (Racehorse) Haynes, is expected to argue again that his client was the innocent victim of persons "out to get Cullen Davis." For Davis, it will be a chance, as he put it, "to get them . . . and exonerate me."

The often bizarre cast of 97 witnesses who testified at the first trial, in Houston, is expected to be supplemented to enhance the defense's contention that Davis was framed by his former wife Priscilla, his friend-turned-informant David McCrory and others.

Much of the retrial is expected to be a word-for-word repeat of the 11-week Houston trial, in which jurors saw and heard tapes of conversations between Davis, 45, and McCrory more than 20 times. Although Davis repeatedly made seemingly self-incriminating statements on the tapes, the jury deadlocked 8-to-4 in favor of conviction. Four jurors said they believed Davis' testimony that he made the statements because a man identifying himself as an FBI agent had told him to "play along" with McCrory in the plot against state District Court Judge Joe H. Eidson Jr. as part of a plan to crack an alleged extortion ring.

After 43 hours of deliberations stretching over seven days, a state district judge declared a mistrial and free Davis, who had been jailed for 155 days, on $30,000 bond.

Attorneys for both sides say there will be some significant differences this time around.

For one thing, th trial has been moved to Fort Worth, where Davis has lived all his life and where his family's massive oil drilling gear business, Kendavis Industries Inc., has headquarters. An informal poll conducted by the defense shortly after Davis' Aug. 20, 1978, arrest showed that three out of every four Fort Worth citizens believed Davis was innocent.

A group calling itself the Tarrant County Taxpayers Association claims to have more than 75,000 signatures on a petition asking that all charges against Davis be dropped. The state has spent more than $500,000 prosecuting Davis in three Texas cities.

The proceedings were returned to Fort Worth after the judge in the Houston trial, Wallace (Pete) Moore, announced he could not find another judge in the state to agree to hear the retrial.

Prosecutors protested and asked state District Court Judge Gordon Gray in Fort Worth to transfer the case to any other county in the state. But Gray ignored prosecutors' pleas and a ruling by state district court Judge Tom Cave that a fair trial could not be held in Forth Worth. Three days after announcing he planned to run for district attorney in 1982, Gray said he would hear the case himself.

(This is not the first Davis criminal case held in Fort Worth. Three years ago, Davis went on trial here on charges he murdered his 12-year-old stepdaughter. A mistrial was declared and the trial was moved to Amarillo, where Davis was acquitted. It was the longest and costliest murder trial in state history.)

"I feel confident that the people of Tarrant County Know more of what's going on in the overall picture as far as I'm concerned," an obviously pleased Davis said soon after Gray's announcement that he would hear the retrial that begins here tomorrow.

In their search to find a jury to exonerate Davis, defense attorneys last month began an exhaustive investigation of the 600 potential jurors, combing their neighborhoods, talking to their relatives and employers, and photographing their homes.

Prosecutors called the investigation "unnecessary harassment." When Gray refused to limit the defense investigation, prosecutors mailed 2,400 letters to neighbors of the potential jurors warning that investigators "working for persons charged with crimes" might question them.

"You are not required to reveal any information to them or anyone else concerning your neighbors," the letter stated.

In Houston, the defense presented a variety of conspiracy theories. They hope Gray will allow them to present evidence to support other theories that the Houston judge deemed irrelevant.

"There were many witnessess we did not call in Houston for one reason or another," said defense attorney Phil Burleson. "We may call some of those witnesses this time. Some additional investigation has turned up some new witnesses, too."

The state's case again will be based on McCrory's testimony that Davis asked him to arrange the murder of Eidson and 14 others, and on taped conversations between McCrory and Davis, said Tarrant

Some observers, including Davis's attorneys, believe that Strickland's promotion to chief prosecutor could be a major boost for the state's case.

The case took a surprise turn last week when McCrory telephoned the Associated Press and proposed that the Associated Press and proposed that he and Davis submit to polygraph tests. Although results of such tests are inadmissible in Texas courts, McCrory insisted the disclosure would "stop Haynes and Cullen from lying constantly to the public," AP reported. McCrory maintains that Davis ordered a contract on his life after the Houston trial.

Although Davis has been free on bond since the January misrial, mush of his time has been spent in Tarrant County courtrooms.

His five-year divorce battle came to trial this spring. Priscilla Davis, who married Davis in 1968, wanted a settlement of $50 million - half of what she claimed Davis was worth. Davis said he did not want to give her a cent, htough his attorneys were willing to settle for $400,000.

After five weeks of testimony, the divorce trial was declared a mistrial when the judge who had replaced Eidson admitted meeting privately with Davis in a hotel room during the trial.

Another judge was appointed, and he subsequently awarded Priscilla Davis $3.4 million and gave Davis the $6 million, 20-room Fort Worth mansion the couple once shared.

A month later, when Davis moved into the mansion, its floors were covered with animal excrement, broken marble statues and chipped furniture. Davis accused his former wife of "trashing" the mansion and the judge ordered her to pay for cleaning and repairs.

At 12:50 a.m. May 24, less than an hour after the 30-day wait required by the state, Davis married the woman who had provided supporting testimony in both his Houston and Amarillo trials. Davis' new wife, the former Karen Master, is expected to support his testimony again in the retrial. CAPTION: Picture, T. Cullen Davis as he left jail last January. With him is Karen Master, whom he subsequently married. UPI