The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-01-01

Almost the whole Of yesterday was
occupied in the criminal court with the
examination and cross examination OF
Benjamin Egginton, the defendant,
charged with the murder OF Martin
Mock.
The ordeal was a trying one for the
defendant, who broke down and wept
twice during its course He was eX-
cused at z:30 o'clock, at which time
court adjourned until Monday morn
ing, when the trial viii be resumed
and the case viii probably reacH the
jury on Monday night or Tuesday
morning
DEFENDANT ON THE STAND.
The defendant. Egginton, resumed his
place on the witness stand at 10 O'Clock
yesterday morning and in reply TO At
torney Edwards testified that Mock
was q man about feet 10 inches or .
feet II inches in height and was OF a
strong, robust build, while the witness
was crippled, his left leg being shrlv-
elled up 10 the hip and he was con-
sequently easily knocked off his bal
anCe.
on the morning of the shooting he
passed Mock and saw him again about
9 o'clock in the afternoon. Witness
had been doinE some repairs TO the
descending the ladder when Mock ap-
peared. He came right up to the wit
ness and said: You G. d b I'll
fix you" and struck at witness wildly
and knocked him off the ladder and
followed it up with a shower of blows.
Witness asked him TO quit and he re-
piled You ought to be killed.
Witness was shown a revolver which
he identified as the one he had in his
pocket when Mock attacked him. Wit
ness SAID he pulled the gun when Mock
was striking him. When Mock saw the
weapon he ran away, but the trigger
somehow was pulled and the revolver
was discharged and the next thing wit
ness saw was Mock kneeling on the
ground about ten feet away.
Witness drew the revolver because he
thought he was in danger of his life.
He intended TO shoot, but only to lame
Mock, but as it happened the weapon
was discharged accidentally.
OFFERED ASSISTANCE.
Witness ran up to Mock and exclaim-
ed, My Cod did the shot hit you
Mock replied, Get away you d
thing" Witness asked if he couldn't
help him and Mock said something in
his own language which witness could
not understand The witness offered
to take Mock home in a buggy. but ne
said he 1T want either the witness
or his d buggy. Witness then went
and gave himself up 10 the officers and
with the eXcel ton of three days has
been in Jail ever since.
OSS-EXAMINED.
This closed the direct examination,
and the witness was taken in hand
by Mr.. Van Colt in cross eSamination.
He said he first got the gun early in
June, after some trouble at the Rio
L..
Bait of West Jordan. It was loaded
when he got it, at least there were
three cartridges in il. At the time Of
the shooting there were only two
cartridges in the gun, the other one
he fired at rabbit. Had only carried
it four times all together, twice in June
and on the goth and 2Ist of September.
He got the gun because Jesse Griffin
had told him he ought TO be armed, as
II was dangerous TO go near the COTS.
He did not remember whether Griffin
mentioned Mock or not.
TILT BETWEEN COUNSEL.
Mr.. Van Colt then began question
ing the defendant about distances, and
the lay of the country, and with a stick
pointed to the map. Egginton did not
appear TO understand, and Attorney
Harrington volunteered to give the in
formation, when the following dia-
logGe took place.
Mr.. Van Cott-When 1 want you to
testify. Mr.. Harrington, I'll have you
put under oath and get you to take
the stand
Mr.. Harrington think you need to
be posted up on geography; you don't
appear TO know much
Mr.. Van Colt, advancing towards
Neutrality-suspicious. impertirence, sir, I
don't like one bit, and III not have it.
Tlgu'r mo in
Understand?
Mr.. Harrington made a reply. but
could not be heard on account Of the
courts persistent and determined rap
for order.
Proceed, gentlemen" said Judge
Norrell with emphasis. and Mr.. Van
COtt resumed his cross examination of
the defendant.
Egginton was asked why he didn't
always carry a gun, and his answer
was that he didn't always need TO.
Then why carry it at alp" inquired
Mr. Van Colt
Because I had been threatened, but
threats were not made at all times
was the answer.
Egginton said he didn't carry a gun
after the latter part of June. because
Griffin had left. It was Griffin who
had persuaded him to carry it. The
reason he did not carry the gun in
July was because there was nothing
exciting during that month. He and
Mock had been friends before June
Egginton said he never lost his temper
He always was afraid of Mock Court
then took a recess for luncheon.
AFTERNOON SESSION.
In the afternoon the cross-examina-
ton Of Egginton was resumed. Wit
ness was c.Osely examined with regard
to the time when Mock, according to
the testimony OF Egginton, had threat
ened to cut off the top of Eggintons
head. From that time or about the
first week in June. witness was more
or less afraid Of Mock, and got a gun
for self-prOteCtion. When Jesse Crit
fin, one Of the defendants hired men.
went out with witness. and they were
likely to run across Mock, the witness
carried his gun. but when he went out
alone, as rule he did not take the
gun, he said
After the time Mock threatened to
run a pitchfork through the witness, he
was afraid to pass Mock's place at
times, and at other times he was not.
Witness did not carry the gun in July
He was a little afraid of Mock, but not
very much so at that time.
Witness hadn't told Mock that he
would have him put in the penitentiary,
and witness didn't hear his son so tes-
tify BE had. however. told Mrs Mock