Show 1 HE E I 1 DA davia VIS TRI A L defendant I 1 I 1 efen daut on 0 o the IJ J I 1 IN witness stand I 1 I 1 STORY OF KILLING 4 a 1 I 1 I 1 he went to the brock A cabal EX eamma tion wrangles Wran files I 1 I 1 C urt reau aed session at 1 3 ocl c ex tl tj f e IV E davis davia CAB was waa res resumed boea i dve henderson m vei i to have in order badt tor for the me deputy i rna abal by a representative feord each side fide of 01 the cased case and a doctor appointed kiy by the llie court to RO go to weal water and the holy of 0 brock for pi of examinations oza as ad to the location ol of his big wound mr zane ajeck object iAl il in n bc arc i t 0 tv 1 time that would be re tb abs A inetter wan taken under advisement ajai e fedt mr henderson ol of grand junction brother inlaw of 0 wat as aak ke f if jacoba had said to him that the killing of these nien men was jus jaa iSable if theta nad n sa a jus t I 1 objected to by b mr zane and tion lion sustained enoch enech gray grav testified that he be had beani appoint d a deputy marshal 1 I b by y 11 mr bachman and that hf he had gone out ani wesa westwater ater with mr davis near nea i r tie pace I 1 where brock brack was waa said to have hao been killed kil leil witness had bad found a air of chain bf bobois boie i lie he produced them in evidencia evid enca lie ile further farther fied ton to ft timber breastwork in front of the brock cabin and a port hole in the cabin lie ila was asked by mr zane if he kad received any money from mr davis davi a 1 aad I d replied not directly directly vl but he be supposed hs he had indirectly to clear up the miney question mr henderman Hende raan offered in evidence tnt order eider of the court permitting mr davis davia to ile he taken to westwater We atwater to c illece evidence under charge of a deputy in mar arshal obal mr dayis to pay of j tho trip trie I 1 mr zane objected claiming the court had bad ro no jurisdiction to permit davis davia to g go after he had been refused bail objection overruled mr zano zane then offered odred in evidencia evi evid danca enca the remonstrance of citizens citi of grand county lo 10 overruled vor ruled mr Z zane a ne I 1 haye have heard beird members bembe re the tha bench in the territory r v say ay the coul court I 1 wax in in error in in granting this is the court I 1 dont doni care what they say eay I 1 kaow as ar much ab abou on it as bay do quite as aa mush much doir quits mr fisher c r section ejection boss wax was asked if he had heard dusel dasel miller and brock brdek make threats of Irilli ailline nir D davit AV I 1 4 on the he sunday before the shooting objected to by bv mr zane objection sustained sir making the that not expect prove that t e threats had bad been corn com mun I 1 catt 4 to sir air davis exception talen k en witness ha I 1 seem the tha wound on the lie head bead of brock it was in the lore bod up in ii the hair wit ncsa was the cocik of the coroners coroner a jury jarv j which v hi ic h hc hrc 1 l rt ra turned a verdict of just able homicide linin icide he chehad had not had along a long talk wi wih h davia before the verdict was waa rendered davis had U not ot dictated tle form of tue verdict judge henderson adde an application lor for the tha of the trul frial until friday morning mor bing and renewed his motion for an oder 0 der for the exhuming of the body of brock for the tha purpose of examination of the tha bunds motion overruled the judge then asked that the defendant be permitted to exhume the body at bis big own expense the coult court dated a that he be had no objection to t 0 the defendant exhuming the bod but bill the case could not be delayed delaven del aved the rho defendant was called I 1 reside at westwater I 1 have a ranch there became acquainted acquaint td with brock in december 1890 flier in slay may of this year and du dusel el in july all of them had bad worked for him brock dul dd carpenter work for me last spring dasel and miller leit my house Ssu uday august their employment ceased with me then I 1 saw eav them tuesday tue dav evanina through a field gless at brock 3 fort what bat he called it an aal 11 I 1 gudaa it wai properly named I 1 was vaa three or four wit mil e i a away I 1 ws was there the e a au hour girija arril U b aalf alt from came through the bluffs TO a boint about a quarter ot a mile from fr in brocks house mr grant was wita me we rein ined thera only a few minutes minu tei we then crossed the railroad track and went V ti within ond ona hundred stud and fifty varda of to tle houie houe I 1 wanted to see a wagon I 1 heard beard wan wall going to I 1 was waa there ballan half an hour mr thurman tharman did you have an any y busi with reference to brock dusel and miller that mat led you yon to KO go there this evening I 1 objected to by zano zane objection faus edgr bained davit we lyd w went i ent back got our horses I 1 and went home it was about 11 when wo we pol P ol homo homa that nigh tit mr grant and 1 I started fr for B brocks t oc 1 0 place next Bior izi orning aini at about daybreak d e I 1 had bad business with the men I 1 knew they hart had stolen my honey aud and I 1 wanted to see them about it the lat state ment was ordered ril aan out excepted to by do defence fenee the defense se aekes quent questions 1 on s and argued that they should bo be allowed to shw the defendants reason in koine going to th cabin objected to vy by the prosela ti aln n and objections Bained M mr bavi da vit 1 I had n lev ulver we begot bot to brock 11 rocks 0 cobin shoal abo a L 6 we sapi fit pt ed near the lowe ou on the railroad track ablat abi ut twenty minutes minu iea we saw I 1 mr brock brack come out start a fire and aad then tart for the pasture when brock had bad got about a hundred yards from the house dusel camhout came out he looked around the house and aid holl nwe to brock to take lake the hobbles off hit his dukels Du sels horse and the ilia horse would rould follow him in I 1 to d grant I 1 would g over to the house lod jod see sea the bova I 1 wal walked ked over t tu 0 ilia cabin aas lial l waton wati the mothr sida when I 1 g it t nit re I 1 passed the tinis leaie of morning with vairl 1 nin 11 j I 1 walked into the rho cabla door miller was justel juat fl a his hia toilet isaid I 1 said good morning joe Us ue said what the h 1 aro arii you doug doing up here bore I 1 said aid i weilt to talk to t you aud and charley Cb ariey SF hr ad if von wa ant atto to talk to charley oharles and ti me wing bi inn him in here I 1 wen N out t find and eaid I 1 charley couie come in hero her IT I 1 asat to talk W ti yoi boys Ts I 1 lie henain al d 1 I know 4 hat MW ou have come for far and you will s g t t nouh on ti of a b 11 with that he hein ansur tUc a lick at in with a club and i I 1 jump 1 back he made another anotle r lirk lik us at fan and d ft tuck uck me on the r I 1 dew my revolver and shot over his bis head bead I 1 wanted him to see atiat tt at I 1 was arad about tho the same in instant insi aur a shot was fired from the win dow I 1 dropped my gun and shut dusel augel As I 1 turned around millor miller was wati inthe athe act of pulling up tie file lever of a rifle I 1 the muzzle MUZZIO of the eun to the dorr door I 1 saw where he was through thu the clink aliuk in tiie the dour dor he was behind the covering it with bid bia rifle I 1 threw my ifft hand around the door aad L i liet hot miller I 1 stopped stepped to the cornor corner rf the up cr bin and by that tims tima grant c came ame down I 1 said jy god aint this awful 11 1 I dont recollect grant saving an anything y thing then I 1 believe he be made souie some re remark mark about my being hil hi I 1 ati stepped into int the cabin and picked up millera rifle I 1 set it besida the tha door I 1 told grant I 1 was waa ting gning huma buma we started home and met brock on the road coming baek I 1 dd not anticipate any froeble with filin I 1 wanted to HM bilu he came within 23 or 30 feet from me ma and ana lie akopp d i lie looked ild and feroci ferocious oud I 1 said to hirn him brock are you heeled he answered 4 yes yea I 1 am always heed h eed for it a a 8 of a b like vou I 1 sai bail I to him brock I 1 want to t talk 31 k to you von he sail aadil well what if I 1 did etel ete il you honey hat ar are you goinz going to do about it pa I 1 bogat to get down from his hie bourst cause I 1 want of et to io talk to him like a wan ile ha said he as would not get down for any a s of a b like me ile he then started for me as if be was going to run me down he struck at me with a pair of chain hob blea leg he ha tried to enrike tao ana over ever the ane 0 head and if he had hit bit w we lue e he ha would have edit my skull but he be overreach ed ad and hn hit me over nyer the back I 1 grabbed for the bridle re rens ns I 1 thought the horse borse was boing to run over me ane horse jerked around and jerked away fr from 0 in me he described a circle of 25 or 30 feet brock straightened up aud and started for me azain again I 1 jumped to the other tide side of the road and shot lie he kept comini coming right on and I 1 is hot again uz him in the heid head this time he full fell off his horse near where I 1 was stai standing iding mr thurman what do you believe he intended to do objected to by mr zane it wax cal callins 1 in for bior the conclusion of the witness mr thurman held that under the new law which permitted deafen a efen dant in a homicide case to testify in hi his 3 own behalf he ha had bad a right to 0 o give eive hia bid belief as to what the tha deceased intended doing doina the court took the ri matter lafter under ad vl I 1 court joart Jo att adjourned until thursday mor fling a y 1 1 1 THURSDAY the rho davis davia caso case was resumed tue defendant again took the the witness stand and tite th attorn attorneys ers proceed ed to argue as to defendant had a right to testify as to w what hat his belief was prior to the horn hom cide in relation to the ibe jn in bendan ol of the ceased dLe di eased judge black ourn durn decided in favor ol of tb tho deafen defense 8 F I 1 divia davis 1 I believed bei eved I 1 was in danger of my life ills or great bodily barm TL fhurman urman did yon ask aek brock if he was wag heeled objected to and object on su exception taken thurm taurman au did yon von want to see eee brock on an i matter iatter of bu business a objected to objection su sustained Rained exception centi on taken davis 1 I naver never stated to mr jail jabb bo or anybody that my reason for shooting eho oling mock was to prevent him from rum getting to the house and getting a long ran e gun and shooting me I 1 never said eliat grant had a 22 or 32 gun grant did nol noi have any gun at taa atio time of the shooting uvis davis was subjected to a thorough crust cruss examination by mr zane jars between opposing counsel and the court were frequent at roon the carss cr sa examination had bad not been col couplet cople tj 1 I SALT LAKE united states At attorney Atty raey varian db d s I 1 a number of U 8 cases yesterday among them the following bri brigham aham youn youad unlawful cohabitation six aix cases indi indicted eted august lle lIeTo fabiAn aan pratt cohabits von t on danril 8 3 IBM taomas ti jomaa E taylor unlawful cohabitation indicted april aarl 4 1 1886 three counts f Y gea teasdale Te polygamy indicted feb 9 1835 jos joa F smith unlawful cohabitation indicted feb 2 0 1883 |