Show The Evidence Given Yesterday A large and interested crowd of spectators was In the court yesterday morning when the Hancock case was called The first witness was WILLIAM CLOWAttD who testified as follows I live in Payson I April 11S5S I lived at Salem then Pondtown There was quite a little rumpus kicked up i the night The Indians were bad at the time and I was on duty There was an unusual noise I saw there was something wrong I called up the people and raised the alarm supposing it was an outbreak of Indians I heard them say Theyve gone I got a glimpse of an object coming round the corner of the for It was a person making a grumbling kind of a noise I dont think eg said anything The 1ewa not very loud Shortly after that I heard some shots fred It seems there were two The sound came from the west towardPayson I No crossexamination JAMES S EELIiABD I 1858 Hived In Payson I am now forty three years old I remember the death of Jones and his mother I am acquainted with defeR lant I heard a conversation between Rossen and defendant two or three days after the killing kil-ling of the Jones There wero only three of us present I heard what they were talking about Objection by defendant overruled I heard Hancock say Mrs Jones was killed and that he killed her He Hancock described he killing of Mrs Jones He didnt say why he killed her kled To Mr DrownI dont know where Rossen i I havent heard of him for twenty years I was born i September 1S18 I was about eleven years old I told my mother about i and two others When I came up to them they said nothing to me I said nothing to tem I heard Hancock say he killed Jlr Jones I went 1 home then He mentioned that Mrs Jones was ked I think he said I shot her It was on the street that runs by the tithing elites where 1 the conversation occurred Rossen didnt er press about the any killing surprise when Hancock told him j Witness was carefully scared a t whom I = O 7 where and when he had talked about the con VirsationPHe couldnamc but few with whomho had talked in these thirty odd year I can give no reason why I cant remember a conversation two weeks ago but can recollect what was said thirtytwo years ago THANK WILSON mow live i Salt Lake city I am a carpenter carpen-ter by trade I lived i Payson i 1833 I am not related t George Hancock My wife is related re-lated t him I was really living Pondtown At that time I was twentytwo years old 1 remember member the killing of Henry Jones That night I was at home and in bed I was awakened by my brother who said he thought the Indians were after us I met Jones near the fort He said some men were after him to kill him My brother told him i he was an Innocent man no one should hurt him Jones was asldng for water and Keel a neighbor brought the water We could then hear the parties who were pursuing pur-suing Jones Jones then ran The parties then came up and said they wanted Jones for stealing steal-ing or attempting to steal some horses The parties said they didnt want to kill him George Hancock seemed to be the leader He said i found not guilty they would release him Jones maintained they wanted to kill him and pleaded with my brother and myself to go with him We went out with them a hundred yards or so A they were walking along Mr Hancock said to the party with him You can blip it to him now He muttered out something such as You mur dering s of a b He was shot in the head and lungs His breath came out through his breast I staid there some time I think Hancock fired the last shot when Jones was on the und After he fell nothing much was said Nothing was said what was to be done with the body 1 was there with the body an hour or so The next morning I went out and saw the Indians trying to strip the body I stopped them Tones was disarmc when they had him under arrest Hancock turned his head to the men behindhirn and said You can slip it to him now I went over to Pavson the next morning To Mr Brown it was my brother Lycurgus Wilson of whom I speak I lived near my brother in the fort Witness made a crayon sketch of the fort on the blackboard describing the same most carefully My brother spoke to Jones first and hallowed to Sam Keel to fetch the water Keel brought the water out in his night clothes As soon as Joues drank the quart of water he dropped the cup and ran into the fort The party consisted of George Patton George Hancock and Nelson Jones stood in the door with a kntff in his hand but finally my brother brought him out They were going to arrest ar-rest him for attempting to steal some horses and getting some boys to help him I think Hancock had a brass mounted government yau ger Some of the party had these gnns 1 am sure I couldnt be positive what kind of a gun Hancock had I am not sure whether deceased was bound or not George Hancock had hold of Jones right hand I dont know whether my brother had hold hold of him or not We were not armed There was no excitement till after Jones left After leaving the fort they went I one hundred and fifty or one hundred and sev nty live yards The crowd that followed up onsisted or anout a uozen persons vnen Hancock said you can slip it to him two shots were fired The man couldn t die till he cooied off He didnt die at once Two other shots vere fired while he was lying there trying to die The part of his skull above his eyebrow was mutilated two or three inches That wound could be plainly seen The next day the wound in his neck could also be seen I am pretty near sure that Mr Hancock fired the shot that entered tered his lungs Three shots had been fired before be-fore Hancock fred Hancock gave the order nan n-an ordinary voice I was about ten feet away I think my brother was between me and the fort I know of nothing impairing my brothers hearing at that time I was 9 or 10 oclock the next morning before the wagon came for the body The killing was between 12 and 2 oclock I I left Payson the 12th of the next August for San Bernardino I only remained there a few months Witness was here followed in his wanderings over the wild west and was finally brought back to Utah He said he had lived in nearly every place in the country but Provo I was confined in the penitentiary in California I was fraudulently convicted for a debt It was for embezzlement I was confined eighteen months I was arrested I Salt Lake city for illegal voting Have been arrested three times The charge of illegal voting has been dismissed I have talked to a great many bout this Hancock case I have not tried to make some money out of this I didnt offer t leave i they would pay me I told Mr Thur man if I could get away I would do so I wasnt t get money I never wrote a word on the subject Here Mr King hastened off presumably pre-sumably for the missive I know Ace Hancock son of defendant Never spoke to him or wrote him about this case Earl Wilson was my son The letter was handed witness which he confessed fessed he wrote to his son The letter was identified by witness and read by Mr Brown He denied writing others Witness said he knew Mr Townshend of Pay son He is a soninlaw of defendant The letter to his son was to the effect that he wanted t hear from Ace Hancock as to what they were going to do for him No Evans is here to look utter me now was one sentence I inc letter My cousin and my wife and others are trying to persuade me riot to give evidence That part of my letter which I said I wrote to my son was false I wanted to know what they wanted about avoiding my testimony here The object was for me to go away and avoid this testimony My wife said she could get along for six months or two years without me I T left the country the Hancock fraternity were to take care of my family My wife wrote the letter 0 Townshend The letter was handed him which he read and said he thought was the one his wife wrote The I letter was offered in evidence The purport of l g tO i nti g it was that rather than give his evidence he would leave the country if they would give him money enough t get away He proposed to go to Mexico or anywhere else1 I talked with Mr Townshend about this evidence I never was willing t go If I could have got away I would have done so Thurman told me my evidence would convict Hancock sure but he as an attorney couldnt advise me too to-o away B e was Hanci ccs attorney No outside influence had any impression on me at all I approached Mr Thurman ahout this matter I dont remember exactly what Thurman did say I didnt tell him I wanted some money to go away with Townshend spoke to me first about leaving For an hour and a bal this witness was on the stand At times his evidence became dramatic He would rise t his feet and speechify vociferously vocifer-ously and when he wanted t say something attorneys and the court combined couldnt prevent pre-vent him He rehearsed his testimony in a silence strange wierd sort of manner during breathless Mn HATCH RECALLED I was the morning of tho 24th of Apr this killing occurred MRS COLLETT I was living at Payson at the time of the shooting shoot-ing I heard a good many shots from different directions I heard three or four shots from the direction of the cabin There was a wound under the womans eye At this point the prosecution rested i THE DEFENSE BEGINS I The defense called for further crossexamina tion of Lycurgus Wilson Mr Evans objected I to this method of crossexamination He claimed that this should be done in rebuttal Mr Brown contended for his point and after a brisk nail I strong argument on both sides the court sus tallied the objection I being the adjourning hour a recess was I taken till 2 i oclock I THE THEORY OF THE DEFENSE i Mr Brown opened the case by stating that i the year of 185S was a very troublous time In those days desperadoes and Indians were about Guards had to be kept I would appear that Henry Jones the deceased was accused of stealing horses or being about to do so and t Induce some little boys to go with him This scheme had been given away and therefore guards had been placed out Jones confederates confeder-ates had been caught making preparations to carry out the scheme Jones when ho was about to be arrested resisted and fired upon the guard and escaped Afterward whcn about to be arrested he fired at Hancock and he ro turned the lire Then the chase began That Price Nelson and Patton arrested the deceased The fact of the killing would be about as staten by Lycurgus Wilson That Mr Hancock did not shoot nor did he give any command to I shoot The defense proposed to show that the evidence of Frank Wilson was not to be believed be-lieved That defendant was now on trial for the killing of Henry Jones only Another indictment indict-ment is found against him for the lolling of Mrs Tones But they would show ho was not In the cabin at all and that Mrs Jones was living liv-ing J long hours after the death of Henry Jones At the time of her death Hancock was at Salem several miles away The first witness for the defense was S R THURMAN I am an attorney atlaw Have been for twelve years At one time I was connected with the defense of this case Frank Wilson came to me last fall at the time we made an application ap-plication for bail iProsecution objected sus tamed QDld you tell him his evidence would convict con-vict AXo sir I didnt want him to go way I wanted him to stay I To l Evans It was directly after his testi many on oar application foriadmission to bail ALVIN CROCKET I live at Logan I lived at Payson In 168 I was there when Henry Jones was killed I was on guard The details are quite indistinct but I know I was called out on guard It was late I when I got to the corral They were making I some arrests Myself and another were put on I guard over tem I think one was Nelson and 1 am not sure whether the other was Jones or Mikesell I dont know what became of them I We generally put our horses in a public corral I was guarding the corral and some around tow The Indians were bad in those days Mr Brans moved to strike out the evidence of I this witness The court thought the rule was that where the testimony was objected to it ought to be done before the testimony was I given and motion was overruled George Hancock I think ordered me out There were no horses stolen that I know of 1 cant say whether Hancock turned the men over to me or I not I heard some shots fired in the direction I of Jones cabin I went down there the next I morning I think I saw the body of the woman brought I saw the in body of Henry Jones after it was I THOMAS WILSON I have lived i Parson for thirty years I was w teaming in those days I got into Payson the night of the shooting We took our horses overt over-t the bench When we came into town George Hancock came and asked us to go with them saying they had arrested some prisoners John Saxey was under arrest We were looking for Henry Jones Objected to sustained We received information of the connection of Henry Jones with the horse stealing We were aslted to go to the cabin but we protested We were at Mr Hancocks house an hour or so Then we started out On our way we heard some gun shots due west from where we were We heard some one running toward us Hancock Han-cock challenged him to stop It was Henry Jones He stopped and called out to George Hancock I got the impression Jones was going go-ing to shoot I stepped aside and Jones at once fired The bullet whistled by us Hancock fired back Jones reeled but gathered himself and ran over the hill We followed but gave up the chase before we got to Poadtown When we got near we saw some men coming toward u We then heard two shots fired and when we went up we saw Jones lying there end Hancock was not with us 1 dont know how faraway far-away we were when theshots were fired After we arrived I dont think Hancock fired a shot Several were there I didnt see Frank Wilson there when we first came up There were some women thereTo there-To Mr EvansI was before the grand jury last November not this sprintr knew George Hancock before that day We went out as a guard around Henry Jones wickiup or dugout Both Hancock and > elf had guns The two shots were fired ul ne a f the same time My impression I im-pression was that t lioj wanted t J arrest Jones because be-cause he was the leader of the crowd of thieves not that he had stolen anything I didnt understand un-derstand that Hancock was after Jones to kill him I couldnt say that there were more than two shots fred Jones was on tho ground struggling when we got up to him I dont remember re-member of anything being said as to what should be done with the body To the Court I am not sure i was Jones who came up and fired at us The time of the shooting shoot-ing of Henry Jones was about 1 to 2 oclock in the morning HENHY GARDNER I said in my testimony yesterday that I examined ex-amined the body There was not any wound in the front of the skull that I saw I heard the description by Frank Wilson I think it was not correct I counteQ six wounds There was a wound in the back of the head but none in front I looked as though some struggling had taken placo before death 1 dont think the wound in the back of the head broke the skull The body was lying on the l f side t LYCURGUS WILSON My house was located inside the fort My brother Frank didnt live with me When i heard the noise I was at the woodpile Frank was not with me at the time At tho time tme Jones was In the house the men didnt come upI up-I didnt face any water for Jones I didnt decline to go to Payson I dont recollect of my brother being there at all I didnt hear Hancock give any command or word as to the shooting I was the nearest one to him I dont recollect of but two shots I didnt see Hancock shoot deceased after hew he-w rimrn t nil To Mr Evans Dont recollect Mr Hancock giving any command didnt testify before the grand jury that I had started back toward home when the shots were fired The two shots were fired in quick succession To Mr Brown If Mr Hancock had given any such command I would have heard it A SAXEY I am an attorneyatlaw Have been practicing practic-ing law since 1807 I lived In Payson in 1858 I remember the killlngof Jones The night of the affair the persons arrested r Mikesell Jones and John Saxey I knew Henry Jones had something to do with the design to take some horses from the corral I heard Jones and the boys talking together about taking some horses They said they were afraid to stay there Jones said there was a bad feeling against him and he thought it was best to get away from there The impression I received was that they were trying to get away t keep from being mur dered He said they had castrated him The case i still in progress GENERAL GEER The case of C S Varian vs Centennial Eureka lining company was continued for the term by consent of the parties An attachment was issued for several jurymen who had failed t respond a summons |