The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-12-20
Captain Davis on Trial for Kill
ing Three Men.
BUT ONE NAN SAW IL DONE
Frank Grant Tells The Story of the
Triple killing.
The Prosecution VIII Attempt to Show
That The killing of Brock Was
Observation-Disclosures Was
Net Armed.

tOGay, the Indictment charging him with
the murder of Charles Brock being read
to the jury. Mr.. Zane came before the
Jury and stated: ''That on the Oath day of
August a killing occurred, resulting in
the death Of Charles Brock, Charles Dusel
and I'll. Miller. The testimony will take
a wide range because OF the circum-
stances which attach to the case.
Near the station known as West Water is
the home of Davis; about five miles
north and east is Brooks ranch, with a
small house on the side of the river. 1t
IS a one-roomed house.
''Dusel and Miller had beenagorking for
Davis and went to Brooks place for a
short stay. Frank Grant is the only eye
witness to the shooting, SO far as known,
and we are compelled to produce his evil
dence, although we do not assume to be
bound by it, because he is in sympathy
with Davis
'.On the 23d day of August Davis
claimed to have been robbed of some
honey. He therefore went to the regis
tration Office and consulted about the
matter, telling the officer that he had
better &c and see the Brooks right away,
DCCdUSC tlatf MSIt gong 10 leave. 11S
went TO a man named Jacobson and bor-
rowed a revolver, relating again the fact
of honey being stolen. Also showed
Jacobson where something had been
burned
Next we learn from the testimony
that Davis and Frank Grant went in the
direction OF Brooks house contrary to the
pleadings OF Davis wife and Grants
mother They came to the bluff over
looking the house and stopped for a long
time trying to hear what was said. They
remained all night and at 6 the next morn
ing Brock went toward the pasture for
his horses. Davis and Grant advanced
toward the house. The former said he
wanted to talk with the men inside about
the stealing Of the honey. Dusel denied
the charge, whereupon Davis shot over
his head apparently to scare him. Dusel
started for him with club and was shot
in the cheek as he advanced. Davis
claims the man on the inside fired upon
him, but, however, Miller, who was in
side, was shot through the skull from the
effects OF which he died twenty -four
hours after. The rife Miller had with
him inside had never been fired, as viii
be clearly shown from the testimony.
Miller's face was stained with powder,
his eyes were closed and powder burnt.
'sDavis is now to be tried, not for the
killing of Dusel or Miller, but Brock,
whom they net on the way from the pas
ture on horseback. Davis ordered Brock
from the horse and when he refused Davis
seized the horse. Meanwhile Brock
struck him with pair of hobbies, so says
Grant. Davis then began shooting, put
ting one bullet in Brooks side and an
other in the back of the head.
1--WE will prove, dispute this testimony
which is given by Grant, that Brock fed
for the house and was shot while in the
III = IL
hobbies we Will show to be untrue.
Subsequently a telegram was sent to a
brOther-in-laY of Davis for three plain
cheap collins, after which a coroner's
jury was soften together, and they re-
turned a verdict of lustifiable homocide,
which / think, we will prove was written
by Davis own hand.
whether or not there was justification
for killing Miller or Dusel, we will show
you that there was not the slightest ex-
cuse for the killing of Brock.
GRANT TEsTIFIEs.
F. r. Grant was put upon the stand
ard testified as follows; Am twenty
three years old, live at West Water He
lives three and one-half miles east OF
West Water. Brooks house was half
oGgcUt with the top parallel with the
bluff. Knew Bill Miller, VINO came from
Pueblo, and also knew Charley Dusel,
who had been working for Davis and had
been paid off the day before the shooting,
as had Miller. Tuesday evening about
dusk. Aug. g, I went to Brooks house
with Davis. We left our horses near the
track, walked up toward the house, and
stopped upon the bluff within 100
wards of it. We then went
home after a twenty minutes stay.
That night stopped at Davis l was pro-
vided with Winchester rife, which l
kept with ne at Davis that night: Davis
was armed with a 45-calibre Colts six
shooter. At O'Clock the next morning
we arose, mounted our horses and started
for fathers place where we left the horses
and went again to Brooks; left nv
Winchester under a bridge on the way to
Brooks. We then went to Brooks house.
He came out. started down the field and
disappeared out of sight he had bride
in his hand. Davis said: ''They are go
ing for the saddle horses; l viii go and
have talk with Them As he went up
TO the house, Dusel came cut; he was
building g fire for breakfast. There was
no excitement or loud talk until Davis
came up on the hill. Dusel had a club in |
his hand and said, ed d-n youiD or
something like that.
Dusel then struck Davis with club,
while they were standing close by the
fire. Davis backed off and Dusel struck
again. Davis then fired over Dusel's !
head. A shot then issued from cut of the
window; could just see the window and
smoke, but not the gun. Davis immedi-
ately lowered his gun and shot Dusel. /
He jumped toward the door and a report
of his postol followed which sounded as
though it was fired inside the house.
81 ran as fast as l could toward the
house. Dusel had bullet hole in the
the left cheek; Davis was knocking the
shells out of his revolver. He said, My
God, amt this awful ] said, what
are you going to do?' Davis replied, i
think I've done enough, and took Mil
ler's rife, put it beside the door, and we
started for home.
THE KILLING CT BROCK.
tsVVe met Brock about 500 yards down
I'll road. He was on horseback and lead |
ing another horse. Two pair of hobbies, |
one of which was iron, were in his hand. |
Davis said, Good morning; are you
heeled2' Brock said, sYes, I'm always
DAVIS said, Get down off your Worse; l |
want TO talk to you
Brock then started TO ride over Davis, |
Davis stepped to one side and |
grabbed the horse by the reins, when |
Brock struck Davis with the iron hobbies |
on the back. The horse jerked |
away and made circle, when Brock said, |
!. If get to the house I'll kill you When /
be advanced again Davis ordered him to |
stop. He refused and Davis shot twice, the |
first time Brock was thirty feet away; the
second time he was near to where Davis
was standing. Brock fell a few feet from
Davis; we went to my home and notified
the people what had happened. The
second shot struck Brock in the side of the
head. Don't think Brock was armed. /
No weapon WAS found upon him. ~
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