Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-24
TUESDAY MORNING.

Charts ID. Smith pleaded not
guilty b the charge OF adultery.
The case was set for October 3.
Kate HOulz pleaded not guilty 70
the charge Of fornication-
The grand jury came into court
and reported eleven indictments
The following cases were ignored:
United States vs. Shadrach
briggs, and the People VI. > r.
mount aud ]. W. COrns. et al
Testimony for the defense In the
Brock hsmicide case was continued.
George Adams tesiified-l was
acquainted with Frank FOOte; saw
him shoot through the window one
day and through the roof IA couple
OF times; he was under the influence
Of liquor, he came near shooting a
little boy when he shot through the
window. / did not hear him soy
anything about Brock; the general
reputation Of FvO:e was that he was
TAD man with q qua.
Z. w. Guyman-In the fall Of 80,
/ was freighting from Price TO
Vernal; had met SIR. FOOte and /
knew Mr.. Brock; ! Jaw them to-
gether about two weeks before the
shooting; they had been playing
caris and Foote threatened II Brock
did not continue playing he would
kill him; Foote'S reputation was,
that when he was under the infiu-
ence Of liquor he was a bad man.
To Mr.. Evans-f have known
Brock three or four year,; FOote
said that II Brock did not play cut
Egan;s game, he would Kill him; /
heard that FOote came nearly kill
ing one OF his younger brothers
once.
Charles Benum-I do not know
what Foote'S reputation was;
know he was good shot.
Charlts Baldwih-ln the fall OF
1859 1 was driving stage frum Du-
chesue to Nf. Books place; heard
Of the shooting by which Mr.. FOOte
was killed; saw the two together
shortly before she shooting; Mr.Foote
compelled Brock TO play cards with
him; Brock didn't want 70 play;
Foote said fine didn't play he would
kill him and take possession.
Several other witnesses testified
TO the disreputable character Of
Foo,e.
The defendant, Brock, testifiel-I
went 10 Brooks ranch in 1857; kept
supply store and the pOstUiiire
there; don't remember getting right
well acquainted with FOOte until the
winter Of IS, Mr.. Fooie came there
and wanted whisky and 1 didn't
want him 70 have III he threatened
10 10 me up or kill me; while he
was not watching me l got into n
sleigh and went of; when l came
blck found the window lights shot
out; he shot several times before
left; was afraid Of him; one time
he came and wanted TO play cards
with me for the drinks;k he threaten
ed 70 beat me or do me up II / didn't;
another time when he and Egan
had been playing cards, 1 came into
the room and Egan slipped out; he
wanted me TO take Egan's place,
but 1 didn't want to; he took hold
OK my wrist and twisted il and
threatened me until played
with him; another time he
chased me with rocks; lac
haI threatened me about a dozen
times before the shooting; / was
afraid he might kill me; | knew he
was a coed shot; ON the day Of the
shooting he came in about noon; as
usual he insisted on me setting up
the free drinks; / told him had set
'em up enough; he was on his horse
AMI took hold OF me; 1 took hold Of
him TO keep my halanc | went in
and set up the drinks; didn't want
%, but am physically weak; / wres-
tel with him and gave him aquick
trip and fell on top, but lac essily
rolled me over; he claimed the
drinks; / claimed that / had
thrown him and that me should
set iem up; the other boys said
I was right, but he wouldn't have IL
that way and set 'em W; then he
wanted 10 bet me on the weight Of
himself and Mitchell; didn't want
70 bet, but he insisted; when he
weighed he iut his back against the
beam; l said il wasn't fair, but he
claimed il was AMI wanted me 10
put up the drinks; he said nc would
kill me off; said maybe was rs
well fixed as ne was; he went 10
draw his gun; Mitchell tried TO stop
him, but / saw he couldn't stop
him, 50 l pulled my own gun; the
first shot went of accidentally:
then fired at FoOte; / was satisfied
that II | didn't fire lac would;
went 20 the door and they " snicd
me 20 give my gun Up, but l de-
clined;I did give 1t up aftsTwaIds; |
was excited ard scared and l went
to DuchesHe and gave myself up.
Court then took n recess till .