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

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PHILIP CLARK.
Philip Clark testified that he was
present and heard Mock make the dy
ing declaration.
The defense, in discrimination,
endeavoTed to make it appear that Eg-
CLINTON was standing on q ladder and
that the deposition of Mock v-2s s''ro-
neous where it stated that Egginton
was standing by the door ana lao-
der, putting nails in battings.'
County Physician Anderson testified
that he had been called to attend Mock
and had made an examination of the
wound, which he described to the jury.
City Marshal Rogers of Sandy identi-
fed the gun with which the shooting
was done and said that Egginton's wife
had given it to him after Egginton had
surrendered himself.
DEPUTY SHERIFF BURT.
Deputy Sheriff Burt said he was at
the county jail when Egginton came to
give himself up. Witness asked Eggin-
ton how badly Mock was hurt, and Egg
CLINTON told him that Mock wasn't Sc
riously injured; that he had shot him in
the leg. Egginton further told witness
that III the row over the water, Mock
had struck him several times with his
fists and almost knocked him down,
when Egginton pulled his gun and shot
him. He said Mock had hit him about
the head and face. In reply TO Mr.. Put
nam. the witness said Egginton had no
marks or bruises on his face.
Cross examined by Mr.. Edwards, the
witness said that Egginton told him
he was about to fall under one of
Mock's blows, and that he shot in self
| protection.
Assistant County Attorney Ray Van
Colt testified that he had examined the
Egginton house and the ground where
the shooting was done. The ground
was almost level. and witness described
the house and the surroundings.
OPENING STATEMENT FOR THE
DEFENSE.
The prosecution here rested
| Mr. Edwards, in his opening state
ment, said he expected to prove for the
defense that EgSinton had pernai ssion
from Mock to make an irrigation ditch
across Mock's land. Mock however, in
| terfered with Egginton in his use of
/ the water and filed if the ditch, also
frequently threatened Egginton, and
made himself very Objectionable, and
! on several occasions threatened to kill
| Egginton if he interfered with the
water. Mock, counsel said, frequently
took the water when it was Mr.. Eggin-
! tons turn to use it. Egginton was
standing on a ladder, doing some re-
pairs to his house, when Mock came
along, called Egginton d vile name and
knocked him off the ladder, and follow
ed it up with a shower of blows. Egg
CLINTON is crippled in one of his legs
and as he pulled his pistol Mock struck
! him again. Egginton staggered under
the blow and fell against the wall
Mock, when he saw the pistol, ran
| away, but when Egginton came in con-
/ tact with the wall the pistol was acct
! dentally discharged, and the ball hit
Mock.
John F. Anderson, a youth, was the
first witness called for the defense He
said he worked with Egginton on the
farm. The witness described the 20.
sitions of the irrigation bitches and tbs
farms of Mock, Egginton and other:
who lived in the vicinity. Egginton die
some work on the water ditch. Noel
interfered with Egginton in the work
and said to him once that he would f2
him some time when he got him alone
Court adjourned until 10 o'clock thi.
morning.