Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-02-04
The HANCOCK CASE.
N. Supreme Court Of Utah Grants The
Appellant a New Trial.
r,,l TEXT OF THE DECISION.
Errors Of the First District Court
Provo Division.


,s,l.Iou in the case Of the People Of
MIR rerrItory VS.. George w. Han
~. iu,pleaied with two others, which
~. an aupcal from the First District
ca,,t wherein Judge blackburn de-
,,lsd the defendants motion for new
..,,l and from the final Judgment Of
sonvictlon:
The Indictment In this case charges
.S.,.,,a,, and two others with the
thn ue'o"a 80, -. ~, 49,. oa,,, =,
murder OF hen'y JULIUS v" W. w" ".
Aprll, 1865. IL was founh pythc granu
l,,,v nm the sth day Of March, 1890, or
a.! ,.o v,an after the alleged crime
th'S n...a.., H.. 81,
was comm''eu' o'"' WV"
was tried separately.
Tn. record shows that on April 2ith,
80 ~, d.c.asea. Henry ZONES. was
1872 Wv a.. -,
living win h,s "n''"o' 'o"'9'
his brother John Jones anu httio SISTER,
ELAN N. Brown, ia u small dugout ut
-, rtt.h T.rritorv. AT this time
Iv''", ast,, a, aho,, no. ,..,s
Ellen was u c"'' W "'V"' "'' ''''
ofagc.
Al the time OF the trial II appeared
-, Eil.,,. t..tImonv that AT nbout
NV" ,',..,' A.. 81. IL, =,
nine OF ten ouioos !" '"s wv ""s "
April 9Th, ls,s, sue was AWAKENED ny
.d,.lurhancr outside the dugout caused
A.. a.. a,i,y M Gums. She remembers
W WV us .,,.. -. ~.
seeing her wv "o'"'''' ."'', w
deceased. and John, get up, hu rricdIy
dreaa themselves, take their guns and
90 out on the roof through chimney
hole. that soon after this I've or slx
men came Into the cabin and wanted
her mottpr TO toll thum something, but
what they wan ted her to tell she could
moi r,mcmber, II was no long ago. She
doea remember, however, that her
mother was begging and pleading for
The lives OF her boys, aud that one Of
M. men shot aud Killed her mother.
Their bolug no light In tho room, she
wa. unable 10 distinguish who was
present, shc was stranger there at
III time, aud did not know the defend.
ant Hancock. That several weeks
aiter she saw Charles Hancock, the
deferdant's brother, on the street and
recognized him AZ the man that killed
her mother, aud that on July 4th, 1858,
she saw the defendant and recognized
him a. one Of tho mon who were
present when her mother was killed,
and that she was frightened al seeing
him and went and told her father. II
also appears that on this occasion do
fendant Hancock was n constable;
that this was a time Of Indian watr,
and guards were constantly kept out
10 guard against surprises from the
Indians; aud that Hancock and Others
Of these guards had discovered q
scheme on the part Of Jones and his
brother 10 steal horses that night and
escape from the settlement, and TO
meet the United States army, then not
far distant; and that Jones was In
fear Of Injury from the hands Of the
people nj this time, which fear induced
him 10 attempt 10 leave the country
with stolen horses.
That 10 order 10 Illustrate this scheme,
which had been discovered, watehmen
had been placed ut thu corral where
the horses were kent and mt Jones,
house, 10 prevent his escape M well as
10 guard against surprises from In
dlans. That after Jones had e.caped
from the dugout he went from place 10
place In that vicinity 10 escape pursuit
and was much frightened, and that he
was shot Ia tho arm while Guiding
pursuit, or In attacking mn antagonist,
which was alleged 10 b. the Defendant.
Jones continued his efforts 10 escape'
and early In tho morning an.
rived ut n town called Salem.
or Pond Town, some three or four
miles from his mothcr,s house. That
the posse, including the defendant
Hancock and many Others, were In hot
pursuit and caught The Decreased MT
ibis latter place, dlsnfmcd him md
took him prisoner. Hancock seemed
70 BE- In command, A puari wns
placed ON each side OF the deceased.
Hancock was q little 10 The rear and
Others about aud around them. In lhIs
position they started with the J.-
CEASED 10 return 10 Payson with him.
This was supposed 10 be three or four
houn after the killing Of Mrs. Jones.
Thus guarded, the pafty started for
Payson. What followed II n matter Of
speculation, as the witnessed disagree.
ltappears, however, from the testimony
OF Wilson Ia witness for the proseoli.
tom whose testimony wins dlscredii.d
and impeached In many ways. that
Hancock directed the mss, IN char.
OF Jones to take him 10 Payson. An
We're armed except the DECREASED.
while walking along In the direction
Of Payson, aud talking about stealing
hofses, etc, Jones remarked that he
didn't want 10 no witt, them: that ,hev
had killed his brother aud hs was moi
going with them, etc. About this
time Jones looked up and SAW SOME
other parties coming towards theme
and remarked. "T'here come sons
more Of the DID curses after me,v He