The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-12-21
THE KILLING OF BROCK.
Further Testimony at the Davis Trial
at Provo.
Davis Sent Telegram For Collins. But
Didn't Think Doctor Was Needed
Hearsay Evidence Ruled Out.

Provo, Dec. 20.-H. H. Jacobs was re-
called for cross examination in the Davis
murder case this morning.
Judge Hen lerson attemp ed to show by
an examination OF this witness that it
was his opinion at the time of the killing
that it was clear case of iustifable hon.
icide, but the witness denied he had adj
mItted that was the case, although he
might have said something of that kind.
He did not remember.
The witness inclined to the opinion that
the gun in the possession of Miller had
not been fired as claimed by Grant, but
would not venture positive opinion on
that point.
A question was raised as to whether the
timbers near the house were put there for
q barricade. Jacobs did not think they
were there for such a purpose.
MIR. Zane asked: "Was your opinion
anything different than that this killing
was justifable honicide?''
Eyes, SIR
Zane Well, don't be afraid to say So
You are in court now''
The judge called a halt here and in
structed the jury to take no cognizance OF
what the witness has said in reference to
his opinion of the justification of the kill
ing.
James A. Wells, resident of West
Water, lives within a mile of Brock S ranch
and knew Brock and Davis very well.
He went over to where the dead bodies
were scattered about soon after the trag-
edy. First saw Brooks body but saw
nothing of the iron hobbies he is said to
have hit Davis with. There was no in
dication of Bro ok S having been wounded
other than inthe side and on the head.
No signs of the exit CT the ball which en-
tered. The ball was visible to the wit
ness.
The other dead and dying were
wounded as has been described by former
witnesses.
Mr.. Wells stated that he had heard
Davis say he had sent a telegram for cof-
fins and that there was no use sending
for doctor.
On cross-examination the witness
stated that he had made no examination
of the body to see if there were other
wounds or if the bail which entered
Brock side had penetrated through the
body. Davis finally consented that it
would be best to send for a doctor and
accordingly DIR. Bull was summoned.
w. E. Champlain gave similar testi-
mony as others in reference to the posi-
ton of the bodies, stating that the ball
which entered the head came to the sur
face near the cheek bone.
Witness stated that Grant had told him
that he and Davis had laid out all night
in the brush looking for the Brock gang.
This testimony was objected to for its
being hearsay and immaterial, which OBJ
lection the judge sustained.
Mr.. Zane attempted to get out another
version of the shooting by what Grant told
this witness, but this testimony was kept
out by the courts rulings.
A series of questions were asked about
whether or not Grant had told him this or
that, getting in a cock and-b story
about him saying Davis had said he
thought he might as well make good job
of his work and therefore made clean
sweep of the whole gang.
a suit of ejectment has been planted by
A. o. Smoot against Pierpoint & Sons to
have them expelled from the premises
now occupied by their foundry and also
Tor rents due.