Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-01-17
EGGINTON SENTENCED.
He MAKES A TALK TO THE COURT
Motion for New Trial Ovcrrulcd-Juryman
watson's AGdavit Questioned-The
winamuck Mine Case.

BENJAMIN Egginton, convicted oil VOL
untary manslaughter, in that he shot
and killed Martin Mock near SANDY
last September. was this morning sem
fenced by Judge Norrell to six years IN
the state prison.
Before Judgment was pronounced, tine
defendants attorney moved for a new
trial, which the court promptly over
ruled.
Attorney Edwards. after citing
number OF alleged errors. produced the
following affidavit from juryman Johh
Watson.
state of Utah, County OF Salt Lake, rs.
John Watson being first duly sworn
on his oath says: That he was one OF
the jurors who tried the above entitled
cause; that he not at time OF rem
dering said verdict. has not at any time
defendant was guilty of the offense as
found in the verdict of said cause, or
Of any public offense whatever; that
the only conditions upon which ne
signed the verdict on the said cause
was by reason of an agreement ana
promise made by each and every one
of the Jurors in said cause, as CON
ditjou to his signing said verdict that
they would sign an application for ana
recommend a pardon of said defendant.
JOHN WATSON.
MIR. WATSON CITED TO APPEAR
BEFORE THE COURT.
County Attorney Van Colt asked that
an attachment be issued for Watson.
He said that n man who would take
the oath he did and then sign an aiii-
davit Of that kind ought to be exam
ined. A subpoena was was accordingly
issued for the juryman, returnable AT
.uat.pltIinR tho rnntinn
for a new trial. Judge Norrell addressed
the prisoner and said: you have been
Informed against by the proper author
tiles of this court, charging you with
with murder In the first degree. You
have been tried by a jury duly empan-
elled and found guilty of voluntary
manslaughter; what have you to say
before sentence is pronounced?"
Attorney Edwards. speaking for the
defendant, said he hoped the court
would take the surrounding circum-
stances of the case into consideration.
he was a cripple and his health had
been sadly impaired since his con-
finement in the county Jail.
EGGINToN MAKES A TALK.
After Attorney Edwards had con-
cluded Eggnton said he would like to
assent, when the defendant proceeded
to give his version of the affair more
particularly the incidents prior to the
shooting. He said he had been har-
raised and worried to death with the
threats of Mock and others. 81 was n
cripple" he said. 'and he tMock) was
n coward. The only man whoever
abused me was Mock. ] have given
him fence posts. and many other
things, and have even gone on
my knees, and II he had treated me
az one man should treat another l
would have given him my land rather
than have had any trouble.
Mr.. Van Colt said he did not believe
Egginton killed Mock deliberately, but
1t was always a serious thing when one
man killed another.
Judge Norrell then sentenced Eggin-
ton to six years In the State prison.
Court Cuttings.
Sarah Jane Blythe is suing John A.
Blythe for divorce. alleging drunken
ness and extreme acts of cruelty US
the cause. The marriage took place In
this city In May. 1894.
Joseph w. Hunt has been made de-
PENDANT In suit for separate MAIN
tenance brought by his wife, Mrs. Rose
Hannah Hunt. The defendant is an
employs OF the Denver & Rio Grande
that she married the defendant at Og-
den In August, 1895. and that for some
time past he has failed to contribute
towards the support OF herself and
child.
The Supreme court heard arguments
today In the following cases; s. C. Ew-
ing and Leonora N. Ewing. his wife.
vs. David Keith ct al: Sixteenth school
district, Davis county, VS. Board of
County Commissioners of Davis coun-
~; Mary Il. Hanks VS. Thomas
Matthews ct al
Judge Cherry has been engaged to-
day hearing the case of John Shickley
vs. Thomas w. Bates ct AL Plaintiff
sued to recover $1,000 and interest on n
Judgment rendered in the Third district
court In 1889. Attorney Hoppaugh, who
appeared for the defendants. pleaded
the statute of limitations and the court
rendered Judgment accordingly.