The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-26

Witness-Other Court Matters.
Provo. Sept 25.-The trial of Captain
Davis on the charge of murder, was
proceeded with in the District court
Yesterday after the mail closed with
Mr.. Jacobs, who acted as coroner at
the inquest, on the stand. He testified:
The verdict of the coroner's jury that
/ signed was 'justifable homicide"
The timber that was piled up in front
of the house was hauled up from the
railroad and piled up promiscuously..
We buried the men a few rods east OF
the house the third day after the kill
ing, about 4 o'clock in the afternoon.
MuIer's and DucePs faces were powder
burned. Mr.. Davis dictated the coro-
ner's verdict. I heard the shooting; l
was across the river, probably quar-
ter of a mile away. l heard five orr six
shots My testimony before was posi-
tive. II testified there We're six shots
in my former testimony, l thought that
was the case 1 heard one shot differ
ent from the rest. 1t sounded like it
was smaller gun or inside of build
ing. 1 think it was the third shot I
heard. The gun I found inside of the
cabin beside Mulers body had
cartridge with ball in it. 1 inserted
my finger in the barrel to ascertain if it
had been fired; it had not been fired.
John H. Miller was next called
live in Salt Lake city; 1 lived in West
water in 1S9O'91'92, and part of '93; L
was there when Brock was killed; it
was in the latter part of August; L
know Davis, the defendant; also know
Frank Grant. 1 saw them together af-
ter the killing; 1 had conversation
with them. Davis said: 81 had a 40
~ r1ictn T oil had hlIf
thought it was not safe enough, so took
IA As" Davis said he told him that he
had had some trouble with Brock, who
had stolen some honey. Davis said he
told Brock if he would leave the coun-
try it would end. He had been exon
|erated, but was not satisfied. and was
going to give himself up to the officers.
AT the time Of the former trial I re-
|ceived an appointment as deputy mar
shall. Davis did not tell me that some
one had tempered with the 4-calbre
gun.
James Wells testified: I live near
Westwater; I know Davis, the defend
fant; am not acquainted with Brock;
was called on to help take care of the
bodies; 1 was also a member of the
|coroner's jury, and examined Brock
wound. There was protuberance on
Brooks face under the eye. It looked
like a ball. The ball entered the back
of the head, a little to the right, be-
tween the center of the back of the
head and the right ear.
Cross-examined: After we heard the
evidence, we deliberated and rendered
Ia verdict. 1t was 'justifiable homi-
|cide." I signed the verdict. The inquest
was held on August 20. I passed the
night before with the bodies.
The witness said certain person was
ia brother-in-law of the defendant, and
was roasted by the attorneys for say
ing something without being asked to-
He was told TO answer questions only,
and continued:
1 live one mile from Brooks. I did
not hear the shooting. Mr.. Davis sent
for me. My gun was at the Brock
place. 1 found some honey there It
was in a trunk in some small buckets.
/ found some more honey hidden across
the river. With this honey across the
river there was a lariat and a pair of
hobbies belonging to Mrs. Davis.
Albert Jacobson was next called. He
testified: 1 live in Westwater, and was
there at the time Brock was killed.
Think it was on Wednesday. I had a
conversation with Davis, in which he
said some one had been robbing him of
honey, ropes and brides. I said to
him, What's the matter with your
dogs?' He said he would like to Dor
row one of my guns. I went and got
the gun for him. It was a 45-calibre
Colts.
Walter Champlain testified: I live in
Westwater and know Davis 1 knew
Brock, but did not know Drucel nor
Muler. l saw Brock lying near the rail-
road track after he was shot, and noted
hole in the back of his head. There
was small bunch under one eye.
Cross-eXamined: On the, former trial
had on Brooks boots.
The witness stated he bought the
boots at the sale, but afterwards
changed his answer, as the sale was
not had until after the trial.
til today at 10 a. m, when
titled, the defense wishing to show that
Brock had built the dugout for a forti
fication. The shots I heard were oppo-
site me; three or four were nred in
quick succession. Then there was
little time between these and the last
!, snots; the last two shots were in
the direction of where Brooks body
was found. 1 did not testify that 1 put
my finger in the gun the length of nv
finger nail. I said I put my finger in
to the gun one-half the length of the
finger nail.
The prosecution here rested their case
and the defense explained their case to
ee y"iS az SOiie ieHStn, stating they
would prove that Ducel, a few DAYS
previous to the shooting, came to Da
vis's house and asked Mrs Davis If
Captain Davis had a pistol that was
out OF order, stating that he was a gun
smith and could fix the gun. Mrs. Da-
Wis handed him the gun. Ducel took it
and went to the wood pile It after
wards transpired that Ducel had tam
pered with the gun, and fixed it so it
would not stand cooked nor explode a
cartridge. Supposed it was done in an
ticipation of trouble
Z. H. Hallet had heard Brock. Ducel
and Muller say they would kill Davis.
one of them had said they would beat
MN TO death with club.
The subpoena was read, as returned.
and offered as evidence that Frank
Grant was not within the jurisdiction
of the court, and the defense asked
that Mr.. Grants former testimony be
now used. The prosecution objected to
this, but the objection was overruled.
John Pike was called to certify to the
copy as introduced in evidence, as that
given by Mr.. Grant at the former
trial, and testified THAT is the tran
script which 1 furnished to the defense.
1t is the evidence of Mr.. Grant. as tax
en- by me at the former trial of Captain
Davis"
Witness was asked II the other evil
|dence embodied in the transcript was
true, as taken by him, and answered,
yes"
The defence here offered the evidence
las taken at the former trial, as evil
|dence.
The evidence was read by Attorney
Brown. 1t was as follows: On the oath
|of August I went with Davis towards
Brooks cabin. When we got to the
railroad we saw Brock leave the cabin
land go toward the horses. Davis said:
tsrr- froino for ha Too 49,.