The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-30


Good progress was made yesterday in
the trial of Benjamin Egginton for the
murder OF Martin Mock. The prose-
cution rested its case at o'clock in
the afternoon, and the defense opened.
The line of defense as laid down by
Attorney H. c. Edwards, is two-fold.
Mr.. Edwards said he expected to prove
that the shooting was in self-defense,
and also that it was accidental.
MRS. SOPHIA SNYDER.
The first witress called yesterday
morning by the prosecution was Mrs:
Scphia Snyder, sister to the wife OF
the dead man. Mock. In reply to Mr..
Putnam. she SAID she was at her sis
ter's house when Mock was shot. she
saw Mock leave the house, and shortly
afterwards the deceased's 12-year-old
boy, julius, came running In, and eN-
claimed: Fathers shot. Mr.. Egginton
did it"
Witness went out and saw Egginton
and Mock, the latter lying on the
ground Egginton asked witness who
she was. and witness begged ESginton
to bring Mock into the house, but he
refused, stating that he had shot Mock
in selt-defense. He then turned and
walked away.
In cross-examtnation her testimony
was mistaken.
son OF THE DEAD MAN.
julius Mock, a very bright and in
telligent boy Of y, son of the deceased,
was called and gave his evidence in a
very straightforward and thoughtful
manner On the day his father was
shot, the boy said, he (witnessl was
down in the pasture, and heard the re-
pert of the revolver. He came to the
place from where the sound came, and
found his father lying on the ground,
resting on his hands, which were be-
hind him, at a point q few feet north
of Egginton's residence, Egg1nton was
standing about three feet in front OF
the witness father, with a pistol ain his
hand The first thing my papa said,
continued the boy, was: 'Egginton has
shot me. julius. Go and get your ma
and aunt Egginton said nothing"
Witness ran and told his mother ard
aunt what had happened, and hurried
back TO where his father lay. Mock
asked Julian to look il there were any
bullet holes in him, but the witness
couldn't see any. While the boy was
examining his fathers body, Egginton
was putting tools into his buggy. The
witness then went for a neighbor, Mr.
Larson. who came and assisted Mock
into a buggy, and drove him to the
house.
The boy was severely cross-eXamined
by Mr.. Edwards, but without shaking
his testimony in the least.
THE VICTIMS STORY.
Christina Mock testified that she was
the widow of Martin Mock. They were
married about seven years ago. She
had three children when she married
him; he had one, and three children hac
been born to them since. She remem-
bered the day of the shooting. Julius
came ard ted her. She tainted three
times before she reached her huS-
bands side. She saw her husband il
a sitting position, trying to hold him
self UP. The witness said Egginton wa:
holding horse when she got to tht
scene. She asked if he thought it wa.
right TO shoot a man down and leave
her to struggle with seven little chill
dren. Egginton's answer was: There:
nothing right about it. Her hus
band had no weapon on him at the
time he was shot, as far as Witnes:
knew. He never owned a gun.
On cross examination Mrs. Mock ad
mitted that she asked her husband VIII.
he went over to Egginton s, because sh
knew they were not good friends
vious over a head gate in a water ditch
Did not recall ever hearing her HUSBAND
make any threats; he had told Eggin
ton that he wanted him to fix tina
head gate She admitted having toll,
her husband TO quit quarreling an,
talk decently. Her husband was Quicl
tempered. She once separated Eggin
ton and her husband. Mrs. Mock fur
ther admitted that she had brough
suit against Egginton for damages 70
the death OF her husband. She didn'
fee well towards him, and thought h
ought to do something for herself an
children. seeing he had taken her pro
Vider's life.
You don't like him. although h
shot in self-defenseE' queried Attorne
Edwards.
L don't think he need to have>sho
my husband, when he was running
away from him. came the answer.
You don't know that your husban
ran, do your
No, but have every reason to be
lieve he did"
Court here took a recess for luncheon
and on reassembling Mrs. Mock, re
called, in reply to Mr.. Putnam, CAV
some further particulars as to the rel
atiVe position of Mock as he lay on tn
ground after he was shot. Both wit
ness husband and Egginton were an
cry and had frequently had dispute
about the water.
THE DYING DISPOSITIONS.
H P. johnson, bookkeeper at TIL
smelter at Sandy, knew Mock for fly
years. Saw him after he was sho
The doctor told witness that Moe
could not recover, and the witness too
down Mock's dying dispositions. d
Robertson sent for witness and Moe
was then informed that he could nc
live, and on request OF the doctor mad
the statement clearly and distinctly.
The dispositions are as follows:
About 4 o'clock p. n. on Tuesda,
the 21st day of September, 1 went owe
there TO Eggintons house Mr. Eggin
ton was standing by the door and
ladder, putting nails in battings. [ sal
to him: You can't have water in tina
ditch He said: I can have water i
that ditch. You can never throw m
off. I can throw you off You have n
right to that ditch so long you don
pay me for it,. He then said: If yo
don't keep quiet 1 will put you off til
place l said: I Will go just so quic
Vpu leave that ditch alope Thor, \