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

/ etl -1iu U.S. Nhfn We went lulJ Tue
saloon, FoO,e had the sclles strik-
ing at BrocS; Mitchell took the
scales from hin; and I hung them
uri | went ea; aud when came in
again they were wei CHING, Nit
cheii- weighed himself fat, snd
then Fco:s weighed himself
in zeighing, FO5is bumped his
shoulders Up against the ceiling,
and n,sSing himself weigh more;
tiss- then wanted me- u weigh them,
but Foote kept on humping his
shoulders against the ceiling and 1
told them l would have nothing to
DO with l., they kept on quarFehDg,
finally Fvote attempted 20 pull a gun
and Mitchell took hold of his arm
and told him not TO 10 that | turned
around 10 &c out and | heard a shot;
. | looked aud saw Brock with tine
qua in his hlnd; he fired and Foote
fell; did not see the first shot fired:
Brock came out ami gave his gun TO
me; there were three loads in
Brooks revolver before the shooting
and one after; did not examine
Foote'S revolver; Brock said some
thing bei0re he cameout about II any
81 the rest Of them wanted anything;
FOJte had his hand ON his hip or his
revolver when 1 turned around; |
wouldn't be sure which; l examined
Foote'S body after he icil, he was
shot between the eyes.
To Mr.. BrOwn-When FOote had
the scales in his hand striking al
Brock. he made some threaten
ing remark; Brock lodged the
blow ani asked Foote IL he meant
10 hit him; a man might be kiliei
with the scales; Mitchell took the
scales from FoOte aud gave them
10 me; I went 0ct then and tried
to get some Of Foote'S friends
70 take him away; was afraid there
would be trouble; F0O;e toll Brock
he had got to set the drinks up after
tine weighing; Brock did not set
them up; FOOte went 10 jerk his gun
aud Mitchell stopped him: FOOte
seemed TO want to get away from
Mitchell; thought he wanted 10
shoot Brock, found the ball Oi the
fir-t shot afterwards; il was in the
wall about a foot and half from
the floor TO the right; should judge
IL had been fired n rAndom 10y
Brock; don't think it was fired by
FOOte; the second shot was fined
almost instantly; at the time Of the
shooting there were only four in the
saloon, Brock, FoOie, Mitchell and
myself.
Re-direct-It looked to me like
FO1te male a jerk when Mitchell
t0Ok hold Of him; the scales were
about foot and = half long; they
would weigh = hundred pounds; II
FUOte had struck Brock he would
have knocked him senstleSs, il he
had not killed him; both men hal
been drinking some, che first time |
thought the shot went or accident
ally.
John Y. Alger-I live at Emery
County; was at BrOck's ranch on
the day of this shooting; l was
down 10y the creek when heard
the reports Of the pistol; wen. up
AMI saw Air. Brock. Jack Cole ani
Jed Lunt standing talking; went
IN and saw Frank FOOte lying on
the Il or; did not examine him at
the time; was cal.ei on by ths.
sheriff and examined the man the
next morning; he was shot IN the
nose; the ball Came out at the back
Il the head; ! drew his revolver
out sni saw there was one load la
10; the body Was in the same con-
dition the next morning, as near a.
l can Judge, n when | finst saw IL. I
isasc II. Workman-I lives at Uins
tab county, WIS nf Brooks rauch !
on the ninth Of November last; !
aud Mr.. Egan went in 20 dinner
and as We came hack stepped into
the sitting room: | heard quite a
racket In the other room and | [
stepped out and say Frank Footo
trying TO draw his gun; he had il
nearly out when he was stopped by
Mitchell; | lit out then; | stepped .
behind the door and heari two shots |
IN quick succession.
10 Mr.. B7oWn-l saw Mr.. Fo1te 4
about Il week before chasing Mr..
Brock; he had 4 rock in his hand I
AMI wanted tD make NJ. Brock set /
IN the drink; ut the time Of the |
shooting i dill not stay Ia the room 1
any longer than il took me to 10 4
through.
Rs-dtrec,-whsa 20. through
the Room | iurne1 and saw Mr..
F01ie trying 10 draw HE pistol.
To Mr. BrOwu-When Foote drew /
his revolver did no. SEE any weap- |
on "a Brooks hand.
Nh Essn was recllle for the de- |
Tense aud the scales were produced |
ami Identified. Ghe scales were - |
f-red in evidence.
Z. II. Valentine, the corOuer of /
Emery County. got over to Brooks |
ranch about ; O'Clock the next morn
ing, the body wss lying on its back /
with the heai towards the door, he 1
noticed ? wound ON the bridge OF the
nose and hl~s- cf the heal: the h-iy /
was placed iuGa box and taken 10
z. V. Junction.
John Cole a. Brock s ranch on
the day Of the shooting and saw
Brock and FO0te there; tried to get
Foote to go with me; they were
scufiiing aud wrestling around
there; | stayel outside with
my horse; did not see Mr.. Brock
shoot, but / saw Mr.. Foote fall:
Mitchell had his hand on Foote
when the first shot was fired; Nit
cheil then came towards the door
and the other shot was fired; Brock
came TO the door and asked him for
his gun; he said they Couldn't make
any gun play on him; he gave Ais
gun to Mr.. EgaB: after the shooting
went into the nom and saw Mr..
FOote lying there; his face was ly-
ing in the dust and blood and 1 b,
moved il back.
TO Mr.. Brpwn-I saw Foote have ,
his hand where his pistol was aud
had his hand on Foote's
hand; FoOte was friend Of mine.
Jei Lunt had seen Fooie aud
Brock Wrestling and heard Brock
lbuse FOote several times.
Mr.. Egan, recalled, said he hal |
rot heard the abusive language re
erred TO by the previous witness.
Mr. Mitchell vas recalled end