The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-12-22
How He Killed the Three Men at
Westwater.
ENCOUNTER WITH BROCK.
The Defense Wants the Body Of Brock
Exhumed.
Several Witnesses Testify That Davis Life
Had Been Observation-Disclosures Had Said
He Would Xiii Him-The De-
PENDANTS Story.

sumed session at 20 O'Clock today Mr..
Eallet was put upon the stand to testify
in the Davis homicide case. His testi-
mony on direct examination having been
heard yesterday, Mr.. Zane proceeded with
the cross-examination. An argument
came up before any testimony was given,
however, as to the validity of this wit
ness evidence, it being assumed by Mr..
Zane that the fact of threats not being
made or communicated to DAVIS, would
preclude it being of any materially in the
case, particularly because OF their having
been made six days before the KILN 2
took place. Judge Henderson reptile
that communicated threats could be
brought in evidence, which is established
by recent decisions, whether they were
part Of the reS-geStde or not.
Defense assumed that the exclusion of
this testimony would be an error because
the only eye witness in the shooting testi-
fes that Brock was the aggresscr and at
tempted to brain the defendant with a
rair of chain hobbies.
The judge said he would reserve his de-
cision for the time being.
Zane-"blean while | suppose they will
get the benefit OF their testimony?''
wi6h. Mr.. HalIet stating same as de-
tailed to the defense on direct examina
ton. Descriptions were given OF the
three men who were making the threats,
Dusel, short dark man with a Inustache,
made threat that he would take Davis
life if he had an opportunity and that
Brock. a heavy set light complexioned
Dutchman, said ne would beat him with
a club if he found him at his ranch.
These threats were made only on the
18th, and many other harsh words
were used maligning the character
of Davis. Miller the taller man of
the three was the person who
said it would be good idea TO have him
chucked into the river. Mrs. Davis was
De first to whom these threa is were COM
! unicated, and it was On the 9th of
August when the lady was informed of
them.
THE COMMUNICATED THREATS RULED OUT
Cy Mercer, a stock man, knew the
parties to the homicide and had been in
conversation with Brock in reference to
the defendant. In July and August
Brock made hostile remarks against
Davis. The threats heard " the witness
We're unconmunicated, and the judge
here rendered a decision that uncom-
municated threats could not go to the
jury, therefore the testimony of the
former with ess would be stricken out.
Mr.. Thurman stated that they would
prove by this witness that Brock came to
his house and in conversation said that he
would kill Davis if he caught him upon
the range. On another occasion when
Dusel Miller and the defendant were on
MERGERS premises Brock said he would
not work for him and that he had his gun
ready and would kill him.
Err. Laddie had similar statements to
make about threats made against the life
OF Davis, but the testimony was likeW Use
ruled out. Witness was about TO relate
evieence OF a conspiracy, buo the Judge
remarked: Surprising there was con-
splracy between Miller and Dusel; this
would not justify Davis going up and
killing Brock. -
Judge Henderson excepted to this re-
mark and attempted to show that evidence
OF a conspiracy was admissible, but was
oyerruled. Thurman stated that this
witness would tell of Dusel, Brock and
Miller making remarks about putting
Davis cut of the way. Mr.. Laddie saw
the three deceased the night following
the killing and sat up with the dead and
dying, having been sent there by Davis,
who said there is man up there rather
unweI. When he arrived he hardly
knew what he had run into when the
sight of the dead met his eyes.
Z. ii. Ross had something to say about
Brock going to clean out Davis whole
outfit.
WANTS THE BODY EXHUMED.
When court resumed session in the
afternoon Judge Henderson moved that a
deputy marshal, accompanied by repre-
sentative of each side of the case, be or
dered to go down 10 West Water and ex-
hume the body of Brock, and have the
doctor examine the body to ascertain the
exact places where he was wounded.
Mr.. Zane objected on account of the
time consumed in doing so.
The matter was taken under advise
ment.
Enoch Gray testified to having found
pair of chain hobbies which were pro
duced in court He also saw breast
work Of tlmbers near the Brock cabin.
Mr.. Fisher testified that when he ar
rived at the cabin three guns were found
there, one of which was cooked.
Fisher was one of the coroner jury.
Cross-examination brought out that
witness left West Water soon after the
tragedy, but gave as a reason that his
wife was sick.
Mr. Zane assumed that this witness
knew a great deal more than he would
tell, but whether or not he was
on-committal, and finally said he was
not on very good terms with Davis.
Davis had informed him that there
were three dead bodies near the Brock
cabin and he therefore went up.
Mr.. Zane attempted to show by cross
examination that this witness had been
tax en- aside by Davis and the verdict of
the coroner's Jury dictated TO him by
Davis, but it was denied.
1t was insisted by the defense that
ruliog be had in reference to having
Brooks body exhumed.
-. L. L
good reason for doing 50, and overruled
the application.
It was then asked that the defendant be
allowed TO do so at his own expense, and
that the trial be delayed for one Gay.
TIE court had no objection to Davis
b avings the body examined, but would
not delay the trial at ali On account of 1t.
THE DEFENDANTS STORY.
The defendant, Captain W. E. Davis.
was put upon the stand and testified: 7
lived at West Water one year last Febru-
airy. Met Brock in December, 1890. Miller
met in May of this year and Dusel last
July. All have been employed by me at
different times. Dusel and Miller left
Sunday, Aug. IL Saw them the next day
ia the afternoon and Tuesday evening at
Brooks fort, that's what they call it and
think it properly named.
Zane-We object to this remark.
Thurman-Just answer the questions.
Witness-I staid one hour and a half
that evening. After this | rode a quarter
Of mile away in company with Frank
Grant and stopped to cinch up; then we /
went toward Brock Is house on foot, stop
ping about LEO yards distant from the
place; remained about half an hour; after
This / went home, reaching there about II !
o'clock. At about O'Clock arose, went |
TO Grants place and from there to |
8rock's s. Ny object in gong there was |