The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-03-14
ON TRIAL FOB HIS LIFE
TESTIMONY GIVEN YESTERDAY IN
THE CASE OF DAVENPORT.
Woods Said to Have Been Retreat
ing When the Fatal Shot Was
Fired-The Westsvater Tracas.

! Provo, March bat IL o'clock today
a jury was secured in the case of the
people VS.. Charles Davenport who is
charged with the murder of John
Woods, the personnel Of which is as
follows: James Washburn. John
Rogers, George H. Bruins, Ben Argyle,
Curtis. Lorenzo Peterson, L. B. Willis,
Nephi Robertson, Alonzo Clark and
William Beddoes.
After a preliminary statement by
Assistant Prosecuting Attorney Thur
man, outlining the facts the prosecu-
| ton would attempt to prove. Robert
Robertson was called as the first wit
ness and gave testimony TO the effect
that John that Charles Davenport, the
Defendant, and John Woods, were COM
parative strangers at Moab and were
seen together the day before homo
eide. January s, in a friendly converse
ton. On the evening of the 9th, they
were at a saloon which belongs to the
witness and engaged in a scuffie which
lasted for several minutes, Woods was
badly intoxicated and used very abu-
lsive language toward Davenport.
When first taken apart, the defendant
went out of doors, staid a few moments
and returned, the bulldoZing again
commenced and the row was a second
time suppressed, Davenport again go
ling out of doors. When he returned
this time something bulged from his
pocket which appeared to be pistol
He took a seat on a bench near the
stove and Woods again took a fighting
attitude saying he would break his
Ig-d-neck, reeled about the floor laid
down his hat and came a few steps
toward the defendant who said stop,
at the same time whipping out pistol
putting it into his right hand and
firing shot. The eyes of the witness
were not on Davenport until after this
shot, but he saw the defendant raise
mediately after which he snapped for
the third shot. Woods fell TO the floor
and must have died as he fell. as
nothing was heard from him except a
groan. All the time the row was go
ing on, Woods was not armed, and
when the second SHOT was fired he was
i'm a retreating attitude with his arm
raised as if to defend himself,
=. A. Wilson cross-eXamined the
witness and brought out that Woods
was a bulIdozer; had called himself
BOX Car Jack" and said he could
clear out the whole ranch. He gave the
bar keeper his coat and $40 bill say
ing to him that he might have TO use
the money to pay his funeral ex-
penSeS.
Mr.. Sackwell was the next witness.
He gave a similar account of the shoot
ing to that given by the former wit
ness; he saw that Davenport had a
knife at the time the scuff1e was going
on. Witness remembered that the row
began over $40 which Woods claimed
the defendant had stolen from his part
mes and while In the saloon Woods
walked towards Davenport and said
you've got $50 belonging to my part
mes Mcleod, and if you don't give it up
we will have a scrap" and thereupon
the scuffie began which ended in the
killing of Woods.
A venire for the following jurors is
for March 20:
John Nicholson, George a. Peary, A.
Mercer Barton Burnett, T. E. Alfred
David Bills. W. E. Brush and Joseph
e. Greer.
Bail in the case of the people Tvs. c.
H. Hallett and ]. W. Smith was fixed
at $1,000 for each defendant.