The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-24
WAS IT A MURDER?
William Brock on Trial for MUIR
dering Frank FOote.
THE CAUSES LEADING UP TO IT
Foote'S Continual Abuse of Brock Made the
Latter Very Much Afraid of Him
The Defendants Story.

Foote's Continual Abuse of Brock Made The
Latter Very Much Afraid of Him
The Defendants Story.
Provo, Sept. %. 1S9O.-[Special CORE
spondence of THE HERALD. The court re-
sumed its session at 2 p IN. yesterday
when the jury in the Brock murder case
was completed.
G. ID. Foote was the first witness. He
said: live at Nephi. John F. Foote was
my son. He was brought home dead some
time in September, 1887. There was bull
let wound between the eyes.
j. II. Mitchell-Live at Fernal, Utah
know where Brooks ranch is. 1t is near
the . tab line. l was there in November,
1889. Saw Brock there. Saw Foote there,
also Mr.. Foote was driving cattle He
asked me how ] would like to trade horses.
said didn't like his horse. Think he was
sober. 1t was about noon. Stad at the
ranch until about 3 D. N. Saw the difficulty
between Brock and F'oote. l met Foote,
but did not know him. Brock and Foote
wrestled for the drinks. There was a dis
pute. Foote said that Brock should set
up the drinks, which Brock did. Foote
LOOK up pair OF scales and
struck over the counter at Brock Brock
and f'oote made bet on my weight. Foote
then went to weigh himself and pressed
up against the ceiling. Brock told him to
weigh 1alf. Eoote said something that
caused Brock to say, MAY be am as well
heeled as you are" Foote attempted to
pun his gun out of the scabbard. | told
him he didn't want to shoot anyone, and |
grabbed his arm and said, For Gods sake
you don't want to do anything of that kind.
Let me have the gun" l took several steps
turned to see If anyone had been shot.
Brock had his gun leveled at Foote, who
was six or seven feet away, facing Brock.
Foote had his hands at his side. Don't
know whether or not he lad his hand on
ais gun. Brock fired again, and Foote fell.
Brock came to the door, gun in hand.
was excited and don't know whether he
made any assertions or not. Did not see
where the ball struck. Did not see Foote'S
gun after the shots were fired.
Cross-examined by Brown-Brock kept
stable and lodging house. He had store,
and kept canned goods, something to drink,
and cigars; he also kept the postoffice. Foote
had no coat on. He had belt and scabbard,
with revolver in, and had belt and revolver
on during the affray. Foote is about my
heft. The men wrestled for the drinks
f'oote insisted that Brock should set up the
drinks. They went into the saloon. Foote
drew his revolver first. | thought Brock
was in danger of being killed, when Foote
pulled his gun.
To Evans-Brock said something, with
his gun in his hand, as he came to the door.
F'oote was certainly in danger when
Brock came up to the counter with his gun
Foote'S hands were at his side Brock
shot and t'oote fell.
To Brown-Have heard OF Foote'S repu-
tation.
Evans objected to questions of reputation
1t being out of the proper time.
Brown insisted upon showing the repu-
tation of Foote. Objection sustained.
To Brown-Did not know his reputation
before the trial.
j. H. Egan-I live at Brock, Emery
county, at Brooks ranch. Was there at
the time of the difficulty. On the day of
the shooting, Foote came up with cattle
He spoke TO me and we went into the
saloon together. Brock went out, came in
again and we took drinks together Other
men came along with cattle and came into
the saloon. We drank again about 1:30 |
was at dinner when heard some talk out
side Brock and Foote'S clothes were dirty
and torn. They were jangling over which
threw the other in wrestle
followed them into the saloon. Foote
struck at Brock on the east side of the
counter. He followed him and struck him
again. L called to some Of the boys to try
to get Foote started off. Mitchell, who had
been weighing, got off the scales and Foote
got on and they made the scales weigh
more than Mitchell Some words passed
Foote stepped toward the door and said
something and Brock made some reply. AT
that instant Foote pulled his gum Mitchell
was in front of Foote. L turned my head
and saw Brooks gun pulled over the
counter. and a shot was fired. Think il
was Brock. Mitchell stopped and run.
t'oote made step or two east with his
hand on his gun on the hip and the second
shot went of and Foote fell on lis face.
Brock walked around the counter and
pushed past me and went out of doors. |
had hold of his arm and the gun. Took the
gun and put 1t away. Brock got on his
horse and went to the post and gave him.
self up. l examined Foote'S body after he
fell. Don't think Brock shot at him. Think
the gun went of prematurely. Foote stood
with his hand on his hip or the gun. He
said something after the shooting as he
came to the door. Wanted to know if any
OF the rest wanted any. Foote had friends
there.
To Brown-The men had been quarrel
ing Fooote said Brock had to set lem M
and he would make him. Brock set 'em
up-they went then to the scales and Foote
took up the scales and stru Brock He
said something threatening to Brock.
The scales were large enough to kin n
maa. He struck three times at Brock.
Brock lodged, did not pull his revolver.
Mitchell took the scales away was afraid
OF soLe injury from Fooote and asked TO
have him taken away. While Brock was
weighing Foote stepped on the scales.
Brock said you've lost Foote said, You
have got to put up the drinksn Almost |
instantly foote begin to pull a revolver |
thought he was going to shoot Brock T |
then looked and saw Brooks gun go off. |
The ball went into the wall out of range |
he instantly shot again Foote had his hand |
at his hip t'oote fell on his face There was
Mitchell, Brock Foote and myself in the
room al the time of the shooting. The
others were out side and in ether
rooms. Have known t'oote four wears.
have been living at Brock about that time
To Evans-Foote resisted little when |
Mitchell took hold of him. The scales
were large spring scales, about one hun
dred pounds il weight. Foote had takan
four or five drinks; Brock had been drink
Ing also. l think the first shot was acct
dental, because 1t went so low and and co
far to the right | think he fired with one
hand.
John z. Alger-Live at Cleveland. Emery
county was at Brooks ranch at the
time OF the trouble. | was camped 600
yards from the house. After the shootinr
hooked up and went up there. Saw Brock
Egan and some others. / went inside and
saw man lying at the door dead They
called him Frank Foote. was called to
examine the body. He was wounded on
the nose, near the bridge between the ewes
The ball went through the head. This was
the next morning. There was one load in
the pistol.
Isaac Is. Workman live in IJintab
Sar, Mr. Enofa md 9th -.