Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-08-03
Evidence of State Concluded
Defendant on Witness
Stand.
TELLS STORY OF TRAGEDY
Events Which Led Up to the Killing
OF ". o. Wilcox ON
May I.


Provo, Aug. S--The Jury in the Give
case was completed yesterday a:.er.
noon by the acceptance OF p. II. Allie
man OF springville. 1t took a little
over a day and a half to secure the
jury. The state exercised five pefenp-
tory challenges and the defense srN N
County Atty. Jacob Evans made n q
opening statement to the jury, WI 81
was very brief He stated that tue
state would prove the killus ANA when
that was proved, ana N the de.end ant
then attempted to prove Justification,
the state would endeaVor to prove that
the state Of facs which the def nuant
claimed as Justification did not ex 81.
and that the killing WIS not committed
by reason of an attempt on the part OF
Wilcox to defile DEFENDANTS wife, but
on account of a feeling OF Jealousy OH
tertained by the defendant towards
Wilcox
As indicated by Mr. Evans tho evil
dence for the state was very brief Mrs
w O. Wilcox widow Of the deceased
testified that she last saw her husband
alive May OF this year at the Provo
depot, and that he was then well. She
had also seen his corpse after IL was
brought to Provo, and she identified
a photograph Of the corpse which was
admitted In evidence over defendant
objections.
County Physician II. S. Pyne testified
that he and DR.. +. q. Hughes hld
conducted a postmortem examination
on the body of w. O. Wilcox. They
had found three bullet wounds. the
course OF which the doctor described.
Deputy Sheriff Felix Bachman testi-
fed 20 n conversation with Claude II
Give in the county jail on May IA. in
the presence o: County Atty. Evans
and defendants attorney, Judge White
cotton, Judge Whitecotton objected 70
the admission of this testimony fcr
made by the defendant was made for
the purpose OF securing a preliminary
hearing without further delay, and was
not admissible now. but Judge Booth
permitted the evidence to go in. Mr..
Bachman testified defendant had said
he shot Mr., Wilcox with a s2-calibsr
automatic revolver at Mill Fork, Utah
county, Utah, on the night OF May :,
1910. and that Wilcox's death resulted
from the shooting.
The state here rested.
STATEMENT FOR DEFENSE.
Judge Whitecotton, made the opening
statement to the jury for the defense.
He stated the killing would be ad-
mitted; Give had been employed TO
work in the bridge crew, OF which Mr..
Wilcox was the foreman, and Mrs, Clivo
sometime in November OF last year.
Judge Whitecotton described the car
In which the killing was done which
was used as a bedroom for Mr. VIII
cox in one end. and a bedroom for MIR.
and Mrs. Give In the other end, and
the middle OF the car for an Office.
Sometime after Mr.. and Mrs. Give
had gone 20 work, Mr.. Give had found
MIR. Wilcox making affectionate dem
onstrations towards Mrs. Give, and
fondle her by patting her on the cheek.
MIR. Give demonstrated with Mr.. Will
cox and then left with his wife and
went TO Denver. Mrs. Give told her
husband that she did not believe Mr.
Wilcox meant any harm, and on failing
10 get work In Denver. they went back
and took the old position, It having
been left open for them.
About May or 3. OF this year. on
returning 10 the car from some duties
which he had been performing 'Clive
looked through the car window and saw
Wilcox place some flowers on Mrs.
elves breast and kiss her, Give be-
came angry and demonstrated with
Wilcox, who explained that he meant
no harm: that his acts were only In
nocent expressions Of affection. But
Mr. Give decided 10 leave ana asked
his wife to go, She did not want TO
leave, but Mr. Give left and went to
salt Lake and Bingham TO look Tor
other work on the evening OF tho |
9TH he returned to Mii Fork. where
tho car was located. He had secured a
gun In salt Lake from tho Western
Arms company, which Wilcox had |
looked at some time before, and took |
&, and some cartridges with him 20 give |
10 Wilcox.
on arriving ut Mil Fork and coming |
up 20 the car Give heard his wife talk |
nd NJ 70 Qn "a
and leave her. saying n he had no re- |
spect for her 20 think OF his own wife |
and children Wilcox replied by an en- |
dearing term. Give rushed into the car |
and saw Wilcox come out OF Mrs. |
Gives bed. and run into the once |
room Of the car. Give followed Wilcox |
calling where are you" In the Once |
Give heard Wilcox near gun rack. |
and then fred at him, and followed |