The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-25
BROCK NOT GUILTY.
The Celebrated Case at Provo
Comes to an End.
THE COOP. STEALING CASE.
1t is Now in Progress-A Fire Does Great
Damage in the Garden City
Choral Society.

Provo, Sept "a, 1S90-Special CORES
pondence of THE HERALD. when the
court re assembled yesterday afternoon,
Charles Williams, w. Woodhead and A. E.
Linkliter were charged with obstructing
the United States mails. They entered
pleas of not guilty, and bail in each case
was fixed at 800.
Charles Raymond was arraigned on the
charge of burglary at the East Coop,
Provo; he was also charged with assault
ing Charles Phillips, with intent to kill.
To both charges the defendant pleaded not
guilty. Mr.. e. A. Wilson was appointed
attorney for Raymond.
Pat Collins was charged with the burg
larry of the saloon of McEwan a. Rawlings.
Collins pleaded not guilty and asked to have
the case put off until next week, when he
would employ counsel.
The Brock homicide case was then pro-
.eeded with
Bob Watson was recalled left the
saloon at the time Foote struck at Brock
with the scales. Thought Brock was in
toxicated Don't think Foote was.
Mr.. Lunt was recalled conversed with
Brock prior to the shooting.
Eyans-Did Brock say if Foote made
any gun play he would put him out of the
way!
Objected to by Brown, as introduced at
the wrong time. Sustained.
Witness-Foote's reputation was not
bad.
To Brown-Have heard of his (Foote)
pulling his gun when he was drunk.
To Evans-Never heard of him shooting
anybody.
Mr.. Cole recalled-Was acquainted with
Noe n lnra hi
He was about twenty six years old. Had a
family. Had good reputation.
To Brown-Have heard since that he had
a reputation Of being bad man with a
gun.
Mr. Lund-Live at Nephi. Lived there
eleven years. Knew John F. Foote and the
neighborhood in which he lived. His repu-
tation was known to be good.
To Brown-Did not live with him on the
range at Emery county. Don't know what
his reputation was out there. Never
heard of him holding up the Utah Central
train.
Charles Foote recalled-Am the father of
the deceased. 1t was considered improper
TO ask questions about the childhood
troubles.
Mr.. Seely-Live at Nephi. Had known
j. 4. Foote fifteen or sixteen years and in
the neighborhood in which he lived his rep
utation was good.
To Brown-Was called on the jury in
this case. Did not know him on the range.
BENJAMIN Argyle.-Live at Spanish Fork.
Am a stock raiser. Have stock near
Brooks ranch. Knew Foote and the peo-
pie around there. His reputation was good.
To Brown-Have heard since his death
he was in the habit of pulling revolver.
Heard of his pulling revolver on the Utah
Central train officials.
To Brown-Heard Foote tell about the
Utah Central racket. Some men told him
not to pay for his dog that was on the
train. He pulled out his pistol, saying he
would not pay charges. Didn't shoot off
his revolver.
To Brown-Think he pulled his gun to
scare the baggageman to get his dos.
Prosecution rested:
The judge stated that the question of
murder in the first or second degree would
not be submitted, and the case of man
slaughter would be considered.
THE ARGUMENT.
The argument of the prosecution was
brief. For the defense Thurman and
Brown made long and eloquent addresses
to the jury.
About fifteen minutes after the jury
retired, they were ready to render a YER
dict On the first ballot there were IL
for acquital. The second ballot decided
that Brock was not guilty.
Yesterdays BUSINESS.
L. p. Miller was arraigned on the charge
of unlawful cohabitation. He took until
tomorrow morning to plead.
Charles Boyer and John Mcdonald
charged with stealing goods from the CO
OPP. store, pleaded not guilty. Mr.. Mytor
was appointed attorney for the defendants
The grand jury reported ten indictment:
and retired.
The case of the People VS.. Charles Ray
mond, charged with burglary and assault
was set for2 o'clock
The People VS.. Pat Collins, burglary, wa:
set for September 20.
L. p. Miller came up and pleaded guilt,
to the charge of unlawful Capitalization.
Mr.. Thurman stated that on account Of
the impecunious circumstances of MIR
Brock, he would make application that the
expense OF the witnesses for the defense
be borne by the territory.
Mr.. Evans contended that it would b,
unjust TO the people Of the territory to pa,
for such witnesses and quoted some author
tiles showing that subpUnaS should hav,
been issued prior to the setting of the cast
If the territory paid them.
The Judge stated that it did not seem tina
the defendant was justified in bringins
those witnesses The witnesses of tn,
prosecution would have cleared him.
Mr. Thurman agreed that it was Lawful
lOE lnc SSIIlDOly lOT W1InSSS6S Jnal
were brought under an indictment of thi:
kind, where a man was brought to tria
and made bankrupt with no case agains
him.
The Judge ruled. that the witness shoult
not be paid by the territory.
A defect in the indictment Of the Boyer
and Mcdonald theft case occasioned tht
setting aside Of the case until correction:
be made.
The grand jury came IN with the
amended indictment in the above case.
After the reading Of the indictment
charging the defendants with house break
ing, the jury was called and examined.
MIR. Green was excused from the Jury
box because he was Mormon and might
have bias In favor of cooperative insti.
buttons.
David John, ir., was the first witness
Live in Provo. Was at the Provo Eas-
Coop store on July 10 last Was WORKING
there at that time, and saw both of the de-
PENDANTS there. They both entered the
store, and Boyer asked to see pair o,
shoes. | took him to the shoe room Nc
Donald stayed behind. He asked for shct
we don't carry. He pointed to shoe upor
the shelf, saying, THAT is the kind of q
shoe / want The other / saw in the
other room taking watches from the show
case. He threw them down on the counter
when he saw he was discovered. The mer
then made their escape and telephonec
for the police. The gents gold watch wa.
worth S35 The silver one S25. There were
two ladies' watches.
To Myton-I saw the young man take thu
watches out OF the cases. | was Showing
the other a pair of shoes and looked
back to see Mcdonald. He dropped
the two watches when | said ii
him, You are the man | want. y
AMI took the others out of his pocket
1. Il .