| Show FIRST DISTRICT COURT on the reassembling of the court friday sept the lemon unlawful cohabitation case was waa continued the case was argued in brief arid and submitted to the jury who found a verdict of not guilty james M stewart changed his plea of not guilty and entered one of guilty and was sentenced to be confined six months and pay the costs of the prosecution rudolph mason desired to become a citizen of the united states he believed in the form of government of the united states and would support A the constitution tion but u as he e was a gt mormon citizenship was not granted james P johnson of utah county had the quality of being a non formoe and was consequently admitted to citizenship SATURDAY SEPT 20 the court opened at 10 judge blackburn on the bench the grand fourteen tour jury ry came into court and reported fourteen teen indictment and retired for further busi business nesB attorney zane asked the sureties be exonerated in cases the grand jury had ignored the follow ing cases were ignored united states vs eliza bu burns mg daniel candland joseph amaldus Am oldus john burg the people vs elizabeth murphy et al the case of john hanifer Ha nofer charged with keeping a public nuisance now came up mr damsen was the first witness he testified I 1 am acquainted with the defendant have known him two years his place is at eureka keeps a corrall and stable in A april ril his corrall and stables were in a bad EZ condition having hogs manure etc the premises were overrun with cattle hogs and calves manure was piled plome led up and it smelled very badly some of the cattle died and were allowed to lay there for two or three days this was in last april some were left until they were destroyed by hogs this was next to my house four or five other families are thereabout there about have not complained to hanifer Ha nofer think it was necessary he had said gaid he be would stink us all out I 1 think it was injurious to health to have a stench of that kind around cross ross examined by mr sutherland have lived at eureka two years all land is public everyone who has pigs allows them to run joose some have had bad orders to keep them up by the board of health defendants cattle died before the complaint was made I 1 think the cattle starved to death dont know that his bis cattle were poisoned dont know of a 8 postmortem examination of the cattle dont know of more than two cattle dying I 1 think his bis son shot one to get it out of misery IWO the cows he claimed were poisoned poisoned died in may after the trial A number of other witnesses were heard defendant was then called and said I 1 have lived at eureka three years he denied the story tol told d by the witnesses for the prosecution cut I 1 on and other witnesses corroborated te d him after a brief argument the jury retired arthur H campbell pleaded not guilty to the charge of adultery zachariah Zacha 8 taylor was arraigned on the charge of unlawful cohabitation pleaded nut not guilty and the case was set for next saturday aren Alic kelson arraigned on the charge of unlawful cohabitation pleaded not guilty jimes J imes H jenkins charged with adultery pleaded not guilty charles vincent charged with adultery a had no attorney attorn cy wherefore mr sutherland having been appointed by the judge took the statutory time to plead for him charles W rollinson charged with unlawful cohabitation pleaded not guilty Ras rasmus jesperson charged W with ith adultery pleaded not guilty christia christian a otterson pleaded not guilty to a charge of unlawful cohabitation charles A perry pleaded not guilty to a charge of adultery court adjourned until p m in the first district court provo on saturday afternoon james guyman was arraigned on a charge of unlawful cohabitation It was stated that defendant hail had had five wives but as he be had not been living with more than one for a number of years he was discharged isaac Mc Me Wickers pleaded guilty to a charge of unlawful cohabitation and was sentenced to six inon months thal imprisonment and to pay the costs charles A perry withdrew his plea of not guilty to the charge of adultery and pleaded guilty he stated that he was poor and that this was chiq hi first offense I ito he to was sentenced to two years and costs george W hales charged with polygamy and also unlawful cohabitation took the statutory time to plead W B bennett was sentenced to one yearns confinement and costs of court for adultery he was very aged and infirm and had never before been charged with the commission of any crime he was one of the pioneers of utah and had done much to help build up this country could not agree on a verdict in the fla hanover nofer nuisance case BIONDY BIOND Y SEPTEMBER 22 92 the district court convened at 10 the jury in the hanifer nuisance case returned a sealed verdict of not guilty chas vincent pleaded not guilty to the charge of adultery the case was set for october 1 george halts halis pleaded not guilty to the charge of paly polygamy gamy and unlawful cohabitation christian Otte otterson raon withdrew his plea of not guilty and pleaded guilty to the charge or of unlawful cohabitation As he be stated that lie he would obey the law 1 in u the future he was sentenced to one months imprisonment and to pay the costs of the prosecution on application of attorney king the costs were remitted J R bachard was arraigned on the charge of unlawful I 1 cohabitation ho he pleaded not guilty to the indictment hiram S craned Crane arragg arraigned tied on the charge of adultery took until 2 to plead the case of william brock charged w with i th the murder of john F foote in emery county was called and a jury im paneled the defendant pleaded not guilty court took a recess until 2 at the monday afternoon session the court completed the paneling em of the jury the first witness was C D foote he testified jonh F foote was my son soa he was brought home some time in september 1889 there wasa was a bullet w und udd beaw between een his eyes J H mitchell of vernel utah i was on brocks ranch in november 1889 mr brock and mr foote were there stayed at the ranch until the afternoon and saw the difficulty between brock and footer foote went into brocks house and took a drink brock and foote made a wrestle for far the drinks and foote insisted that brock should set up the drinks which brock did they continued to quarrel and foote took up a pair of scales and struck over the cou counter anter at brock they then made a bet on my weight mr air foote got up to weigh himself lie he got up to the scales and pressed up against the ceiling making himself weigh heavier brock told him to weigh fair foote made some remark which caused brock to say ay maybe I 1 am as well healed as you are foote attempted to pull his bis gun out of bis scabbard I 1 came between him and the counter and grabbed his arm arid and said for gods god Is sake you dont want to do anything like that let me take your guu he dropped his gun back in the scabbard and I 1 turned around and took several steps toward the alie door when I 1 heard a shot fireda fired I 1 turned to see if anybody was shot brock had a gun leveled at foote foot was six or seven feet away facing brock and had bad his bis hands down to his side brock fired again and foote fell brock came to the door with the gun in his hand band after some cross examination J H egans at the brook post office emery county testified I 1 was present at the time of this difficulty I 1 was brocks brock a partner on the day of tile the shooting hootin mr foote came along hunting for for cattle I 1 was out behind the stable aud and when I 1 came in they were drinking some of us went in and ate dinner and when we came out foote and brock were wrestling foote wanted brock to set alem urn ur no when we went into the saloon foote had bad the scales striking at broca mitchell took the scales from him and I 1 hung them up I 1 went out and wh when e n I 1 came lu iu again they were weighing mit chell weighed himself fir farat st andl and then foote weighed himself in weighing foote humped bla bia shoulders up against the ceiling and making himself weigh more they then wanted we me to weigh them but foote kept on humping bumping his shoulders against the ceiling andl and I 1 told them I 1 would have nothing tu do with it they kept on quarreling finally foote attempted to pull a gun and mitchel took hold of his arm and told him not to do that I 1 turned around to go out and I 1 heard a shot I 1 looked and sa w v brock with the gun in his hand he fired and foote fell I 1 d did id not see the fi first shot fired brock came out and gave his gun to me there were three loads in brocks brock a revolver before the shooting and one after I 1 did not examine footes revolver brock said something before lie he cara caracost cout about if any of the rest of them wanted anything foote had bad his hand on h his Is hip or his hir revolver when I 1 turned around I 1 would nc bo be sure which I 1 examined footes body after he fell fel he was ahot between the eyes to mr brown when foote had the scales in his bis hand striking at brock he be made some threatening remark brock dodged the blow and asked foote if he meant to hit him a man might be killed with the scales mitchell took the scales frova foote and gave them tome to me I 1 went out then and tried to get some of footes footers friends to take him away was afraid there would be trouble foote told brock he had got to set the drinks up after the weighing brock did not set them up foote went to jerk his gun and mitchell bell stopped him foote seemed to want to get awak away from mitchell heIJ thought he wanted to shoot brock broc found the ball of the first shot as afterwards it was in the wall about a foot and a half from the floor to the right I 1 should judge it had been fired at random by brock I 1 dont think it was fired by foote the second shot was fired almost instantly at tile the time of the shooting there were only four in the saloon brock foote mitchell and myself redirect re be direct it looked to me like foote made a jerk when mitchell took hold of him the scales were about a foot and a half long they would weigh a hundred pounds if foote had struck brock he would have knocked him senseless if he had not killed him both men had bad been drinking some tile the first time I 1 thought the shot went off accidentally john Z alger I 1 live at emery county was at brock a ranch on the day of this shooting I 1 was down dow n by the creek when I 1 heard the reports of tile the pistol went up and saw mr brock jack cole and jed lunt standing talking I 1 went in and saw frank foote lying on the fl fi sor did not examine him at the t time me was called on by the sheriff and examined the man the next morning he was shot in the nose the ball came out at the back of the ahe head I 1 drew his revolver out and saw there was one load in it the body was in the same condition dalon the next morning as near as I 1 can judge as when I 1 first saw it isaac R workman I 1 live at uintah county was at brocks ranch anthe on the ninth of november last I 1 and mr egan went in to dinner and as we came back I 1 stepped into the sitting room I 1 heard quite a racket in the other room and I 1 at stepped aped out and saw frank foote tr trying to draw his gun lie he had it near nearly ig y out when lie he was stopped by mitchell I 1 lit out then I 1 stepped behind the door and heard two shots in quick succession mon to io mr brown 1 I saw mr foote about a u week before chasing mr brock he had a rock in his hand and wanted to make mr bruck brock set get up un the drinks drink at the time of the shooting I 1 did not stay star in the room any longer than it took me to go through redirect re be direct when I 1 got through the room I 1 turned aud and saw mr foote trying to draw his pistol to M mr r bro brown wn W when hen foote d drew rew his revolver I 1 did not see any weapon in blockis brock 6 hand band mr egan was recal recalled lel for the defense and the scales wore were produced aal identified the scales were of f feied in evidence C H valentine the coroner of emery county got over to brocks ranch about 3 the next morning the body was lying on its back with the head towards the door he noticed a wound on the bridge of the nose an and d back of the head the body was placed in a box and taken to P V junction job john n cole was at brocks ranch on the day of the shooting and saw brock and foote there tried to get foote to go with me they were scuffling and wrestling around there I 1 stayed outside with my gorse horse I 1 did not see mr brock shoot but I 1 saw mr foote fall mitchell had his hand band on foote when the first shot was fired mitchell then came towards thedoor the door and the other shot was fired brock came ati to the door and asked him for his gun gua he said they make any gu gun u play on him he gave his gun to mr egan after the shooting I 1 went into the room and saw mr foote lying there his face was lying in the dust and blood and I 1 moved it back to mr brown I 1 saw foote have his hand where his pistol was and mitchell had his hand on footes footers hand foote was a friend of mine jed lunt had seen been foote and brock wrestling and heard brock abuse foote several times mr egan recalled said he had no not heard theard the abusive language referred to by the previous witness mr mitchell was recalled and confirmed his former statements the prosecution then rested mr brown stated to the jury that th at the defense expected to prove that foote was a bully and had taken a dislike to brock he was an expert with apostol a pistol and brock had acted in self de defense rense A deposition of sargent clay was then read in relation to the previous character charac tir of foote instances of ins his having shot out the lights in the windows and into the walls of the house etc were represented he had made abr threats eats of killing mr brock it if brock did not open the door of the saloon on a Si sunday luday A deposition of rhoda hawkins similar to that of sargent clay was also read court then adjourned TUESDAY SEPTEMBER 23 charles D smith pleaded not guilty to the charge of adultery the caio was set for october 5 Katel Kate Houtz loutz pleaded not guilty to the change of fornication the grand jury came into court and reported eleven indictments the following cases were ignored united states vs shadrach Bhadra ch driggs and the people vs 8 IF mount and J W corns et al testimony for the defense in the brock homicide case was continued george adorns te testified stifled I 1 was acquainted with frank foote I 1 saw him shoot through the window onee one day and through the roof a couple of times time he was under the influence of liquor lie he came near shooting a little boy when he shot through the window I 1 did not hear him say anything about brock the general reputation of foote was waa that he was a bad man with a gun E W guyman in the fall of 89 1 I 1 was freighting from price to vernal I 1 had metar met mr foote and I 1 knew mr brock I 1 saw them together about two weeks before the shooting they had been playing cards and foote tb threatened reat ened if brock did not continue playing he would kill him footes footers reputation was waar that when lie he was under the inai influence u of liquor he was a bad man to mr evans I 1 have known brock three or four years foote said that if brock did not play lay cut egans game he would kin kill him I 1 heard that foote came nearly killing one ot bt Ms ills younger brothers once charles benum I 1 do not know what footed reputation was know he be was a good shot charlls Bal baldwin dwir lu we the fall of 1889 1 I was driving stage from duchesne to mr brocks place heard of the shooting by which mr foote was killed saw the two together shortly before tile the shooting mr foote compelled brock to play cards with him film brock want to play foote said if he play he would kill him and |
