The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-17

before the courts on several occasions
in one form and another. until finally
his right to the use of the water was
greatly restricted, If not entirely ex-
tinguished. However, in the face OF
adverse action by the courts, jenkins
has held on and refused to recognize
the authority of the Irrigation company
or permit them to regulate the water
or enter upon the lands he claims. for
the purpose of deepening or improving
the main channel, so as to increase or
economic the wastage caused by the
water spreading over large scope of
country.
The irrigation company decided at a
recent meeting to straighten the creek
in certain places, and instructed Judge
| Foote. to employ laborers and have it
! done. Several men were sent up for
that purpose a couple of weeks ago, but
Jenkins would not permit them to work
and they returned. Today Foote went
! up with four men, and they were just
preparing to go TO work when Jenkins
3 made his appearance and received a
bullet wound from a 1910 Marlin rifle
! that Judge Foote had taken with him.
/ The ball entered from the front on the
! left side about one inch above, and the
/ same distance anterior of the superior
spines process Of the illiam. and passed
through the body, making its exit about
the fifth lumbar vertebya. Drs. Hos
mer and Wilcox were rendering the
wounded man all possible aid, but his
case is a very serious one, and his re-
covery is doubtful. Shortly after noon
! he was brought to town by the Sanpete
section car. County Attorney Pike drew
a complaint, alleging assault. with in
tent to kill, and the preliminary hear
/ Ing was set for Monday next, in the
meantime the accused being released
under bond.
After performing his bail bond, which
was largely a matter of formality.
Judge Foote gave this version of the
unfortunate affair:
Owing to the scarcity of water the
irrigation company, which consists of
all the water owners in Nephi and vi
cinitT. through its board of control, de-
cided to confine the stream in locali-
ties up the canyon where il was slug
gish and spread out over marshes and
gravel beds and subject to great loss
through the evaporation and otherwise,
and instructed me to take men and
tools and have the work done. On
July L / sent several men up the
creek with instructions Ii was not
needed. When they got to Jenkins he
stopped them with threats from doing
any work on what he claimed was his
land. The men quit and come back to
town. l found it difficult 20 get men to
COUP again, but l finally secured four,
and this morning started up with them.
When We arrived and while unloading
the tools. jenkins put in an appear
ance, armed with a pitchfork, and at
once made an attack upon me with it,
I had a gun in my hand and raised it
and showed 1t against his breast with
sufficient force to knock him backward
He came at me again with the pitch
fork and, in wardjng off his attack, the
gun exploded, and he fell. The men
who had, in the meantime, came with
the tools, picked him up and carried
him TO his house. / think the hammer
of the gun must have caught in my
coat to have caused the discharge. I
had 70 intention of shooting him, and
greatly regret the necessity of taking
a gun on the grounds. but his many
threats against myself and others JUS
tiled re in doing So"
The statement of Judge Foote is cor
rcborated. in part, by eyewitnesses.
Mr. Jenkins could not be inter-
viewed. owing to his critical condition
az the time but the physicians now
agree that re will probably recover, |
unless, unforeseen complications arise |