Show THE MURDER CASE Defendant Hancock takes the witness stand HIS VERSION OF THE SHOOTING A larse number of witnesses testify to mr hancocks good character testimony sturt ja called to at 2 yn urcer ut attachment for IL P hak is eliward spencer wm well II 11 woodman ma win n 1 it awan from the northern r rt of the d strict wis issued they A ill be 1 by the for the mc farlane cape alie time for the plea to be entered in the IT 0 case was continued until saturday air opened the defense by a abnet to tho jury wo expect to abow that at the time of tins killing the country was in u precarious condition desperadoes abounded and it R as necessary that guards should be placed around the town this henry jones biad enlisted the aid of a number of young men ur the purpose of stealing lio raea one of young men became bai k of the thing and gave the it away jones got wind of the fact that his confederates being arrest cd he concluded the game vaa up and tie tried to escape ho ft as halted by the guard but instead of halting be ared at them the cliot was returned and thia is where he got his wound in the arm he alien tried to escape the other way but was pursued and can lured while lie was bun LOG ducted back to payson fco meone hrad and killed hiim irom behind we claim that george hancock did not fire of shots nor make use of alic now slip it to him boys or remark and on tins turns alie whole case As far as alie killing of mrs wion 19 concerned tins jury lias nothing to do another jur will be called for eliat S 11 thurman waa called I 1 have practiced law for twelve years I 1 know frank wilson ho came to ino one afternoon in court here lie told me that lie wanted to speak to me mr brown win t was the coin creation between ou and sir wilson I 1 did not eay to him evidence would convict I 1 wanted him to stay and gave reasons to air E vans I 1 considered his testimony important but did not want him to go aw ay alam crockett I 1 lived in davson in 1858 I 1 way when henry jones w as shot I 1 was on guard the faist part of alie night it was understood that some one waa going to try to steal some I 1 got to the corral some arrests were being made I 1 was placed on guard ov er some komg men I 1 one of them was nelson and the other I 1 think was mikesell Mik csell or oung jones vc biad a public corral on account of indians we kept this corral guarded to mr ivans I 1 dont remember who turned these men over tome I 1 dont know iv bother george hancock was there or not I 1 dont where I 1 took prisoners after I 1 turned these men over I 1 stayed around town awhile heard shots fired I 1 dont know where hancock was that night I 1 went down to the cabin the next morning I 1 think I 1 saw mrs jones there forget whether henry jones was I 1 saw hiim after lie was brought in I 1 did not see henr bonci ou the night of the killing I 1 hayo talked some with geo and ahas hancock on matter thomas II 11 wilson was called ind testified I 1 live at payson I 1 vv as there on the 0 april I 1 was engaged in driving team I 1 got lato jovn sometime in the afternoon had two span of horsed myself and others put our horses together to be guarded geo hanbeck came and said eliat they biad caught borne horse thrives and they were gome to thebes had to sa we did not want to go as we wanted to look out for our own charles hancock also came and asked m to go myself hyrum curtis and henry schurmway went east to guard that part of the town mr hancock went with us henry jones came running along hancock called him to halt lie stopped and called to hancock to come to him hancock did not come I 1 biad an idea eliat jones would shoot so I 1 stepped a little to one side jones fired and I 1 heard the bullet whistle past mr hancock returned the fire jones reeled as though lie li id but he fall he out toward pondtown Pond town and han tock come on ho then started alter him Shum siy myself and towards pondtown Pond town we met hancock and on the road coming back with jones when we were near to them we heard two fired ahen we came ui jones was on alie ground lie biad been shot to mr alvans we went out to guard the jones wicki ip I 1 suppose mr hancock called him to stop he wanted to take him ner mr jones and mr hancock soon after it u as almost as quick as possible w lien jonesen Jo hancock and I 1 both fat arted after him hancock autran outran me I 1 did not eliat mi hancock was after junes to kill him as the of wib going toward vre met 1 a mad crowd returning t 0 were fired I 1 dont know how mui more were fired wo were surprised by the first two allots I 1 dont know how long lie was in daving I 1 I 1 was there about twenty minutes jones was writhing on alie gronna when we came up I 1 dont remember that an one shot him he was on the ground I 1 alio two ahot there might have bpck moro I 1 dont know we were on guard for alie purpose of guarding abound jones wicki ip I 1 dont remember what time wo ot back think it was pretta well along d ry light I 1 should judge eliat tho fiig took place from one to three henry gardner I 1 crammed mr jonea artfully are fully after lie had been killed I 1 dont vvan ci wound over the as was stated bv frank bihon there was a gash back of the head I 1 counted six wounds I 1 might have coun teil some of them twice that is the bullet went in and came out lycurus wilson my house ft as located inside the fort my brother wilson lived in a house north of mv place with my kotlier mot lier I 1 doit rc recollect frank or mr keel getting jones a drink of water I 1 did not hear I 1 the clofar t one to hiim of any OHM in the crowd I 1 think I 1 would have heard it if he had baid it my hearing was pretty good edid idid not licar him give adv word of command at all I 1 dont believe that moro than two shots were fired I 1 dont think that mr llan cock fired into the body when mr jones had fallen i A maxoy I 1 am an attorney at law I 1 have practiced law since 1867 I 1 lived at payson when I 1 w as a bov I 1 w as liv ing in parson when tills aclair occurred jack jones john and nelson w cro arrested for henry jones was one of the planers of alie allair I 1 heard them alie affair 1 couple of nights batore they were intending to tike the and go and meet the arm I 1 received alio impression from the conversation that Jonea thought something was about to hap pen lie to fear that his hie would be taken if he attempted to leave openly my cousin was about seventeen or eighteen mikesell was about fourteen to mr evans other people were getting ready to leave at about that time my father was getting ready to cleaye they were arrested at the beginning of the affair I 1 aras eighteen years of aie at that time theae bivs expected to return to the territory witti the troops tho defense presented that they had nomore witnesses to put on the stand and asked for a continuance until friday morning at 10 court adjourned until friday morning at 10 FRIDAY court convened at this morning pursuant to adjournment A motion for a new trial was argued by mr kellogg in the case of the people vs robert caldwell mayhem motion overruled aie defendant was brought in and sentenced to an imprisonment in the penitentiary of three months the il ancock case was continued jaselli L townsend testified I 1 live in payson I 1 am a druggist I 1 am a son inlaw in law of defendant 1 have known defendant about sixteen years I 1 know frank wilson ho came to me at the time habcock was trying to secure bail and offered to leave tho country if I 1 would furnish him money with which to leave he said that he was offered money if he would testify and he was money at the D E G machine shops it lie would stop over and vote I 1 told him I 1 had nothing to do with the case and lor him to go to the attorneys in the case to mr evans ho talked as though lie would appear on the side that furnished the most money I 1 dont know that I 1 told the attorneys that that was ilic purport of the convention I 1 can t recall the exact sentence he used he lii bt to leave if I 1 would fur niah him money and he afterwards stated that lie would testify for the side that would furnish the most money 1 may have told my father in law that I 1 dont recollect that f told mr king or mr brown that mr wilson said he would testify fur the side that furnished the moat money you say that you had told this to mr king ind air brown 1 dont think I 1 did mr evans insisted that the reporter refer to liis notes in this matter which he did the statement was not found W D robers I 1 know georga hancock I 1 believe it was in the winter of 55 and ag when I 1 became acquainted with him his general cliar acter has been good during alio past or thirty five years to mr eama I 1 recollect that one of the IIan cocks was accused of this murder I 1 understood that it was his brother charles warren N dusenberry I 1 live in provo I 1 camo hero in the winter of 61 and 02 I 1 held the position of probate judge for fifteen years I 1 am acquainted the people of payson my wife came from payson I 1 am acquainted with george ll mr brown what is the general reputation of mr hancock objected to by air evans on the ground that the witness did not come to the territory until four year after the of the crime objection sustained and exception taken bany bachman sen I 1 am marshal here I 1 know mr geo ancock II I 1 believe I 1 know him well thia witness became acquainted with the defendant in 1800 and his testimony was objected to on the same ground as wis alio testimony of the previous witness objection sustained and exception taken E T dark I 1 have lived in payson I 1 kaow geo fl ancock I 1 have known him sixteen or years his character is good as faras I 1 know to mr evans I 1 have heard many macii say that be was one of the killers of the jones family I 1 have heard him accused of his face jolin wesley keel I 1 have lived in paydon I 1 moved there in 1851 T became acquainted with geo hancock in 1855 his reputation prior to april 24 1858 was good to mr evans I 1 was sixteen years old in 1858 I 1 haye bieard my uncles speak of him sam keel has told me eliat he was a good quiet peaceable citizen edward simons I 1 live at payson I 1 have lived there thirty five years I 1 was born at spanish fork as far has I 1 haye known mr hancock liis is good to mr evans I 1 have known him fifteen or twenty years it has been reputed that lie waa the murderer of the jones jai E daniels chave lived in provo about thirty five years I 1 lived in in 1850 I 1 knew geo hancock between 1850 and 1858 his reputation way good to mr evans the district court was hakl at provo in 1859 I 1 dont re eliat i term of court was ever held at nephi in 1859 I 1 used to see occasionally in 1858 and 1859 T J patten I 1 reside on provo I 1 have known geo hancock fifty caia in the earlier art of our lives we were intimate friends his reputation was good to mr devaus I 1 knew him in clay county missouri also in caldwell county geo I 1 am tho defendant in this case I 1 have heard the testimony in this case I 1 remember the night of killing of jones I 1 remember being out on guard thomas wilson that eglit wo were ou the lookout for horree thieves remember some one coining up while on guard 1 I hailed him aho vho corned ther chaH when I 1 cried bialt lie fi redI had my hand on my pistol and returned the fire the two sh were like spat alie man turned and ran I 1 started after him I 1 saw two men jump from the the sage brush and run after him aliey were us I 1 did not come up 0 o them till they reached pondtown Pond town alien I 1 came up I 1 recognized the two men ca geo patten and price nelson geo patten lycurgus wilson samuel kelt and pice kelson had arrested them might have been other parties around but none others connected with jones did not want to go back samuel keel and lycurgus wilbon were leading him that is they were sidn by aide as we were boing back the question was asked what ho was arrested for I 1 waa telling eliat lie was the of a gang ot horse thieves we had got on about one hundred and fifty or two hundred yards I 1 was at the belt of mr sun denly there was a cow motion and two shots were fired I 1 did not fire cither of those two shots I 1 did not say slip it to him boys or give any other word of command there were only two shots fired I 1 did not fire a shot when the roan was on the ground we were met by two men coming from thomas wilson might have been one of them I 1 should judge were about fifteen or twenty men in the crowd I 1 dont remember seeing frank kilsun there thia oc currod bedora 2 the first shot was about 2 someone spoke up and said it wont do to leave him here there was a man living near by named tom keel spoke up and said we will the body nis wife spoke up and said yes wo will watch him I 1 go to bed after such a racket as this anyhow I 1 had not chased aliis man jones around town before lie was halted by me while on guard I 1 know daniel bobson I 1 never told him eliat I 1 had killed mrs jones I 1 never was inside of the dugout I 1 saw aliis john jones arrested the next morning at abent 9 I 1 moved to payson on the day of march 1856 I 1 was bom in columbia ohio on the of march camp to utah in 1849 I 1 lived at woods cross north of salt lake I 1 have lived in payson since to mr evans I 1 never knew henry jones until he was identified after bis death I 1 had heard of by the name of jones living there there were about three hundred people in payson but they were constantly moving my brother was bishop at that the commanding officer of the guard gave me orders not to let anyone pass in or out I 1 dont remember who was officer of the guard that night they were being constantly changed I 1 think william best was commanding that night I 1 received no orders in relation to the guard from my brother I 1 held the rank of captain in the militia this militia was known as the nauvoo legion dan bosson and price nelson were on guard at the corral that night I 1 was guarding east and north of the dugout I 1 had never seen this dugout in the night I 1 saw a flash of light in the direction I 1 supposed the dugout was and I 1 heard some shots fired I 1 believe I 1 heard as many as four shots in a short space of time tho old pistol was produced and mr hancock illustrated how it had been held and how the challenge had been given the cliot gun with which jones fired at me was picked up by some herd boys the next morning I 1 went after that man to bring him back to payson he had crossed by guard and I 1 considered it my duty to bring him back the four men whom I 1 spoke of had arrested him when I 1 came up I 1 said boys we must take him back I 1 believe these men said they wanted to take him back jones did not want to go back he did not explain why he did not want to go back I 1 did not hear him say he did not want to go back because we were going to murder him 1 I dont know whether he was wounded I 1 supposed when I 1 shot that I 1 had hit him in the right arm mr evans did you try to kill him objected to by mr brodu objection overruled and exception taken ans I 1 cant say that I 1 did try to kill him he fired at me and I 1 cliot at him I 1 could use a pistol pretty tolerable quick in those days I 1 was smarter than 1 am now when jones saw the other men coming he said there comes some more of them after me lie kind of made a little jerk as though to set away two shots were fired jones fell I 1 dont know anything about the bullets going into him I 1 never examined him I 1 believe ho died there he did not die very easy mr evans how long does it take a man to de who has been heated up ans I 1 dont know I 1 never tried it I 1 never died we never left until some one said they would watch the body mr hancocks evidence was delivered in an earnett manner he became a argumentative during the cross examination and had to be checked once or twice court adjourned until 2 |