The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-31

putting in testimony, the main object
of which was to show that the dead
man, Martin Mock, was of a quarrel
some disposition, and frequently had
threatened to kill the defendant.
Egginton took the stand in his own
defense at few minutes to 4
o'clock in the afternoon, and related
q number Of instances in which he said
Mock had made threats against him. He
had Just about arrived at the imme-
date story of the killing when court
adjourned until this morning.
1t is understood that Egginton is the
last witness for the defense. The pros
ecutiOn may have some startling testi
mony to offer but with expedition and
if the arguments to the jury are not
too lengthy the case may be concluded
this evening.
]. F. ANDERSON
The first witness called yesterday
morning was j. T. Anderson. The wit
ness told Of Il quarrel between Mock
and EggintOn over a water ditch and
Mock, witness said, threatened to strike
Egginton with a shovel. At another
time witness saw Mock knock a shovel
out of Egginton's hand. Had never
seen Egginton use any violence towards
Mock.
Cross examined, witness said he had
never seen Mock actually strike Eggin-
ton, and the time he knocked the shovel
out of Egginton's hand was the only
time he had ever seen Mock use vio-
lence.
ANOTHER QUARREL.
Chris Hansen testified that he re-
membered dispute between Mock and
Egginton about a gopher hole Mock
was excited and went and brought
shovel Egginton once sent witness to
deliver a note to Mock, but the latter
would not take it from him and Egg
CLINTON came upon the scene and put
the note on the fence, whereupOn Mock
knocked it into the ditch with a shovel,
and in doing so nearly struck Egginton
With the shovel. Angry words followed,
and Mrs. Mock came along and advised
them to settle their differences without
quarreling. Egginton said that was
what he was trying to do, and walked
up to Mock and put his hand on his
shoulder and said: Let US reason this
thing out" Mock became calm and
they talked about the ditch and the
flume and parted good friends.
Mock, witness said, was a man of
about 100 pounds weight and between
five and six feet in height.
THE SON OF THE DEFENDANT.
dorsey 4 ESSlulOH, SUI VI Tic QG-
PENDANT, was next called. He said he
was years of age
do you understand the nature Of an
oath?'' inquired Attorney Edwards.
Yes, sir" answered the little fellow.
What will become of you if you
don't tell the truth?" asked Mr.. Ed
wards.
I won't go to heaven" was the boys
quick reply.
Did you ever see your papa and Mr..
Mock have any trouble?'
Yes. sir One time Mr.. Mock said
he'd kill me and kill my papa"
Where were you when this was
said?'
ION pas land
What caused Mr. Mock to say this,
Dorsey?"
He was mad about the water in the
ditch, and he said, If you come here
again I'll kill you
Did he ever say anything in your
hearing again.
Yes. sir. One night papa and were
going down past Mr.. Mocks house, in
said to papa, Who is going to be in
the penitentiary, me or you?
What did your pa say?"
He never spoke.
How did You come ITO stop?"
Mr. Mock took hold of the wheels of
In6 DuSSN anu (lulC1eQ papa.
What 60 you mean by 'clutched?'
He caught mold OF papa
Did MIR. Mock say anything?"
Yes, he said, You G. d. s. of a
b"
Did Mr.. Mock ever say anything to
you or your papa before or after that?"
One night 1 was going down to
change the COWS, and Mr.. Mock said,
Don't you look after me, you G. d
little b; the best thing 1 can do is to
get gun and shoot your papa"
The little fellow further testified to
the note episode, corroborating the wit
ness Hansen. He also said that Mock
once said to his father that if he ever
caught him at the ditch, meddling
with the water, again, he would fix
him. The day before the shooting, the
boy said. Mock held a rake over his
fathers head in a threatening manner
Under sS-eXamination and in an
swer to Mr.. Putnam, the child said
he and his father had talked over the
things he had testified to, a number OF
times, at home and in the county jail
How did he come TO talk about it p
Mr.. Putnam asked.
He would ask me if I remembered
what Mr.. Mock said to him and me-
the boy replied
Did he ever put ii into your head? .
Sometimes he told me what to saw
The youthful witness also admit
ted having talked to his mother about
the case, but had only talked with the
attorneys once, and that was with Mr.
Edwards.
DAVID HAZLENUT.
David Hazlenut testified that h,
talked with Mock on the evening priol
to the day of the shooting. Mock TOLD
him that Egginton was the worst MAJ
living and that if he didn't leave tn,
water alone he would go over and fl
him. Mock's reputation for peace anC
quietness, witness said, was bad.
Under cross-examination the witness
said he had several times quarrelet
with Mock himself and Mock ono
threatened to strike him with a shovel
put didn't do SO.
WATERAIASTER LANCASTER.
Hyrum Lancaster said he held tn
position of watermaster. A couple o
weeks before the shooting, Mock com
planned that Egginton was taking NOR
than his share of the water, and sal,
that he was going TO stop him from
taking any more. Witness told Moe
that Egginton had as much right [
the water as he had, but that neithe
had a legal right to it and that if b
objected to Egginton getting water, h
would see that neither OF them go
any. Mock then told witness that h
might do as he id pleased, but tina
if Egginton interfered with the waite