The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-24

1
handed me the revolver. placed the DO iy
In oox and we started for z. v. Junction.
oonn Cole-Iwas at Brooks ranch on the
oay OF the trouble. Saw the parties con-
CerIeo. There was some scuffiing in a
soou-natured way. / staid outside when
Tue DINERS went into the saloon. Was close
oy the door at the time of the shooting.
tMltchell had his hands on Foote. Did not
see Foote'S revolver. Heard tie
fsnots fired directly after. Brock
SAID as he came to the door
Iney can't make no gun plays on me-"
AS tried to get the gun he said mo, you
don't do me5up.' He did not seem to be
much excited After the shooting l went
INTO the room and saw Mr.. Foote lying
did not examine the revolver.
To Brown-Saw Foote have his hand
where his pistol was Mitchell had his
hand on t'oote. Thetwo pistol shots went
on Immediately after in quick succession
asked MIN for his gun and he said: 'tYou
or they can't do me up''
Mr. Lunt-l was at Brock on the day OF
the shooting. | was acquainted with
foote and was friendly with him. | know
BROCK. At the time of The shooting he was
oalklng to me. Saw the wrestling. Brock
went with me down to the creek. When
we came back we saw Foote coming out Of
the saloon. Brock said: ''If / was not
afraid you would hurt me would call you
s-of b" They began wrangling
over bet. They then went into the sa
loon F'oote was gong away down the
canyon but Brock got hold of him and they
went in
MI. Egan, recalled think someone be-
SIDES the four mentioned was in the room
just before the shooting.
10 Evans-Am not sure that Workman
was IN the room just before the shooting.
Alter the wrestling they seemed angry with
one another. | keep a pistol behind the bar.
saw Foote's pistol first and then saw
Brooks Don't know exactly which one
drew first. Mitchell was within about two
feet of Foote at the time.
10 Brown-Saw Foote draw his pistol
before Brock raised his over the counter.
Mr.. MITCHELL took hold of Foote'S arm
as he was pulling his pistol. He tried to
pull away. He put the pistol back in the
scabbard
To Brown j He KEEP. his hand on his gun
all the time and stepping away from me.
Ihe prosecution rested.
Mr. Brown said to the jury that he was
surprised, after hearing the evidence. at
what had been claimed before by the
prosecution. He wanted to show that
Foote was reckless ard desperate cowboy,
and was in the habit of pulling his gun
very often. He bad taken a dis
like to Brock and said he would
run him out of the country
Foote mad sworn he would make Brock
put up the whisky, or he would kill him.
BROCK was an inoffensive man, keeping
country store and postoffice, and was
pulled by Foote, who would make him
wrestle for the drinks. Foote is shown al
ready to be bent upon a quarrel, and he
struck at Brock with pair of scales, and,
not satisfied, commenced to pull his
weapon
The deposition of Sergeant Clay was OBJ
lected to by the prosecution as no dates are
named in the document, and that it gives
specified facts that did not occur at the
time of the affray. The deposition was
read by Brown, as follows: Am soldier
at Fort Washington. Know the defendant
William Brock. Saw q man by that name
on the lst of February, 1885, Foote was
rowdy and rough and demanded to get into
Brooks saloon and was denied. He shot
out the lights in the windows and promis
cuously around. He shot about thirty
shots. Foote staid one day and night and
said If Brock didn't open up he would kill
him. Foote made threats upon the life of
Brock. Never saw any shooting between
the men. Never saw Brock with {. pistol
In the saloon. Have no more favor towards
Brock than anyone else 1t was nothing
unusual to see people around there with
pistols.
Rhoda Hawkins Of Nebraska In 1888, l
was at Fort Duchesne, going to Salt Lake
city and stopped at Brooks ranch. l saw
F'oote there. 1t was about the 10th day of
January, 1855. He abused Brock and
called him all sorts of names, and shot at
the chickens and other objects around.
Foote cursed and swore because the bar
room was closed and threatened to kill
Brock if he did not open it. Foote shot the
windows out of the saloon. This is the
only time ever saw the parties concerned,
except seeing Foote once since. | was
around the house when the shooting was
going on. F'oote called Brock many hard
names. Brock asked Foote in kindly way
if he would stop shooting. He said he
would shoot him if he said much.
At this point an adjournment was taken
until this morning
To-DAY's BUSINESS.
John r. Baker was arraigned on the
charge OF iniuring United States mail bags
and pleaded not guilty
The case of the People VS.. William Brock
was continued.
Mr.. Adams testified live at Fort Du-
chesne and am in the government employ
as telegraph operator. | was at Brock in
the winter of 1888 Got acquainted with
Frank F'oote. He had stock ranch there.
Came to Brooks frequently. Remember
some shooting there Saw him fire through
the windows and roof of the house and
nearly hit small boy.
E. w. Guyman testified that Foote had
made threats against Brooks life at differ
ent times, and said that Foote had the repu-
tation of being dangerous man.
Charles Bennam said Foote was good
shot.
Charles Baldwin had heard Foote make
threats of what he would do if Brock did
not do as he told him to.
John Finley said Foote was quarrelsome
and had bad reputation among the people
with whom he lived
Similar testimony was adduced from /
others, when Brock himself took the stand |
He said AN thirty years old. Got &C
Quainted with Foote in 1885, He wanted |
whisky once, and when | refused TO give it |
to him he threatened to kill me. | rode off |
in sleigh 10 get away from him. | saw |
the windows all shot out and holes in the
house. Was afraid of being shot His |
place many times in the fall and spring. |
Not so often in the winter At one time
be threatened to beat me if / didn't play
cards with him. On other occasions he
said he would do me up if | staid there.
In October he and Eagan were playing
cards and he wanted me to play Eagan's
game and threatened violence if l DIDN'T
play. He twisted my wrist till / cried out,
punched lie around. and said he would Kill
ne if | didn't play. Shortly afterwards he
threatened to rock me to death if | didn't
ct him have whisky. Has made trouble
with me about dozen times. / was afraid
he might kill me and never resisted him.
Don't know his reputation. Know he was
good shot. On the 9th of November. |
saw him. He got off his horse and came in
about o'clock. He got few drinks and
threatened me if l didn't set up the drinks.
Called me to him on his horse, caught hold
If me and said l must put up the
thinks We went in the saloon
md | gave him the drinks
ne wanted to wrestle. didn't want to