Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-12-30
DRAWING TO A CLOSE.
Eggiuion Murder Trial Making Rapid Pro
gress.
WILL REACH THE Jury TOMORROW.



uuarre1some- Court Cuttings.
The trial of Benjamin Eggnton for
the killing OF Martin Noel, is proceed
ing at a lively rate in the criminal
branch of the Third district court.
The prosecution rested late yesterday
afternoon and the probabilities are
thnt the defense will get through this
evening. Arguments viii likely be
made In the morning and the case go
30 the jury some time tomorrow. The
interesting feature Of today's proceed
ings was the examination OF Eggin-
toms little boy. who, like the son Of
Martin Mock who testified yesterday,
proved himself a bright and Intelligent
witness. a number OF witnesses testi-
fed that Mock was of a quarrelsome
nature and was always in trouble with
his nelEhbors. 4 witness named Lam
caster testified that two weeks prior to
the shooting Mock had threatened Egg
CLINTON to him. None of the witnesses
thus far examined saw the shootins
and the testimony OF the defendant, to-
rether with the circumstances sur
rounding and leading up to the trag-
edy will have to be taken into oonsid-
Grafton and weighed by the jury. The
defense is that Egginton shot Mock
accidentally. although, 1t -
cause to the defendant to have
justified him shooting Mock inten-
tibnally.
After the News" closed yesterday
the witness II. r. Johnson was cross
examined by Mr. Putnam.
Nyituuce aafl ha went n MOCk'g place
at the request of Or. Robertson. The
doctor told Mock he couldn't i've and
advised him to make n statement.
Mock accordingly talked to witness de-
liberately and distinctly. Mr.. Putnam
offered the statement in evidence. Cd
jected to. Overruled.
MoCK'S ANTE MoRTEM STATE
MENT.
Mocl's ante norton statement was
then read and Is as follows:
about o'clock p. M, on Tuesday,
the 2lst OF September. l went over there
to Egglnton's house. Mr. Egginton
was standing by the door and u ladder
putting nails in battings. l said to him,
you can't have water In that ditch"
He said L can have water In that ditch;
you can never throw me on Il can
throw you off. you have no right to
that ditch SO long as you don't pay me
for IT, he then said, II you don't keep
quiet I win get you off the place l
said 4 will go off Just 30 quick as you
leave that ditch alone Then
he turned around to the
door and reached In the room to the
south side of the door and took pis-
tol in his right hand off the floor As
soon as I saw the pistol turned and
ran away from him. had gotten about
two rods away when he fired and I
fell shot In the back. He (Eggnton)
then came up to me and stood over me.
pointing the gun at me; he said, Il
had better finish you, III give you one
iE the heart. I said, you had better leave
me alone, that's enough my slster-in-
law called to him and he turned round
and looked at her and walked
away and called for
my boy Julius. He tEggerton
came back to me and pointing the
pistol at me said I better give you an
other one i said again You better
leave me alone He then walked away
and begun to harness his horse. There
was no one else present at this shoot
Ing but Eggintons little boy about
years old. | did not have anything In
my hands and / did not threaten tc
hurt him In any way then nor at any
time previous.
signed BY MARTIN MOCK.
Witness: II. p. Johnson.
Alex. q. Robertson.
Phil Clark
DIR. A. O.. Robertson was then called
and identified the written statement.
Phil Clark corroborated the last two
witnesses.
DIR. Anderson. who assisted at tn,
post norton examination of Mock
testified that Mock's death was the re
suit of gunshot wound.
City Marshal Rogers OF Sandy idcn.
titled gun given him by Mrs. Eggin,
ton after her husband had delivered
himself up.
ANDREW BURTs TESTIMONY.
Deputy Sheriff Burt testified that h
saw Egeinton at the county Jail, whol
ne gave himself up. He asked hin
IL Mock was hurt very much and hi
reply was that he wasn't, as he onl
shot him In the leg. He further toll
witness that Mock had struck him wit
his fist and that he had shot in self
defense.
Assistant County Attorney Ray Va
Colt said that he had examined tn
surroundings Of Eggintons place an
that the ground, where the shootin
occurred, was almost level. The pre-
Becution here rested.
DEFENSE OPENS.
Mr.. Edwards made the opening state
ment for the defense and said IL woul
be shown that Mock was quarrelsOu
and had on number OF occasion
threatened to kill Egginton. The shoo
ing. he further said, was accidents
and happened when Egginton fe
against the wall staggered by bio
from Mock, causing the gun to go OF
Mock was an ablebodied man and III
CLINTON IL a cripple The latter carrie
4, gun to protect himself, as he was
dread of his life.
ANDERSON's TESTIMONY.
]. #. Anderson was the frst wltne,
called by the defense this morning. L
related an instance when Eggintu
and Mock quarreled over wat,
ditch. Mock shook his shovel at Ell
CLINTON. He never saw Egginton off