, 1891-06-30

Taking Testimony.
Immediately at its conclusion the tax
ing of testimony was commenced. Frank
Bond was the first witness for the state.
He identified a map by him, showing the
size of the different rooms, and the posi-
ton of different articles in the rooms.
FINDING II BODY.
He was followed by Hugh McGee. an
~l8-year-old boy living near Granite Can.
Won. He testified that between s and 9
o'clock on the morning OF Feb. Is he
passed the pump house and saw smoke
coming out, and therefore knees that the
pump was running at that time. Some
time after 4 o'clock on the same day he
was in the pump house. and saw Foulks'
dead body lying there. The feet we're to-
wards the UNI and the head towards
the east. The right hand was doubled up
under the body, with the elbow extended;
while the left arm was lying along the
body, with the palm of the hand up. The
body was lying face down. the face being
in a pool OF blood. Lying about eight
inches from the elbow was a revolver, Of
tered in evidence, and identified as the
property of the defendant. The witness
vent into the kitchen, and found on a
table there a rag with a number of bloody
marks on 1t. The kitchen floor was
spotted with blood, there being a streak
eight or ten inches wide and five or six
ieet long. The shovel was standing IN its
usual place halt full of coal. The scab-
bark in which the revolver usually was
was hanging in its accustomed place on
the kitchen wall.
George Matthews. another boy from
Granite CANYON, testified substantially to
the same facts with relation to the, posi-
ton of the body. He also stated that
Fllebrown was mail carrier, and that on
the day Of the finding of the deceased's
body Fillebrowu was missing, and since
that time had not been seen in the
neighhorhoOd of Granite Canyon.
APPEARANCE OF THE BODY.
Francis VI. Matthews of Granite Canyon
had made a most careful examination of
the position of the body and Of the en-
tire house at the time Of the discovery of
the body. He showed on the map the
exact position of the body. There were
two bullet holes in it, one on the top of
the head and the other in the left side.
He designated on the map the position OF
the revolver and identified it as the
property IT the defendant. He also de-
scribed the kitchen aud showed on what
part Of tho floor tue blood marks were.
He showed the usual method adopted By
Foulks in shoveling coal into the boiler,
stating that he shoveled it left handed.
He had not seen any buggy bar on the
floor in making the examination.
John Chaffin and Coroner futile testi-
fed concerning the finding of the body
aud of the bringing of it to town.
FRIENDLY THEN.
Thomas d. Holt was called aud testi-
fed that he had passed the pump house
about 7 or s o'clock on the night of Feb.
II and through a window had seen
both the deceased and defendant.
John f. Stevens had been with Foulks
and Fillebrown until midnight OF Febru.
airy 10. They had passed a pleasant
evening and there appeared to be no
trouble whatever between the two.
Charles f. Gregory, the postmaster at
Granite Canyon. testified that Feb.
10 was one of the days on which it was
the duty of the deceased to come for his
mail. He had not come, and witness had
never seen him in the vicinity OF Granite
Canyon since that time.
II Posi- MoRTEM
DIR. Wyman was called and testified
concerning a post norton examination he
had made on the body of the deceased.
He illustrated the location of the head
by a skull, showing the point where the
bullet cuUered. the direction it took, and
the place where it finally lodged. The
other bullet had entered the left side of
the body, between the seventh and eighth
ribs. and had lodged in the spinal column.
NOT SHOT AT CLOSE RANGE.
DR.. Quimby testified to subst .ntiallY
the same facts. On cross-cxamination it
was developed that the inner tables of the
skull, at the spot where the bullet en-
tered, were shattered the witness stating
that this indicated the bullet causing the
wound could not, on this account, have
! been within three feet Of the head. The