Show A JURY SECURED in the davenport DaveD pOrt homicide case TESTIFIES woods was drunk and abusive on the of the tragedy when the first district court opened yeat arday afternoon tha three remaining jurors who had not been called en clr davenport case were exa minded one was excused for cause and two were peremptorily challenged thia exhausted the general panel aad a special venire waa ordered for twelve more jurors returnable abia morning the following fol lowine names acra drawn fron i the box logan holdaway provo johi mcniel american fork A V matson mapleton L B willis lehi L K brewart Bt ewart benjamin wm beddoes salons K clawson Jl awson ephrim F D cassily CaB ambricio Ameri cio frk david T lewis spanish fork loa clark Sprine Tilla mont johnson edward when court opened thie morning the following jurors summoned yesterday appeared logan holdaway john mcniel A W gatbon L B F D chasity Caa sity david T lewis lin dark mont and edward esy jesaia J waa entered as abeso chate counsel for the people the following jury was paneled em to try the case james john rogers george H bruno ben argyle lewellyn thomas wm H boyla henry aurtis lorenz peterson L B willa nephi alonzo claric and wm beddoes in em panelling the jury ten jurors were excused for cause of these seven ware excused for baving conscientious scruples against tha infliction of the death penalty prosecuting attorney thurman made the opening statement he stated that it would appear in the evidence that devenport had been known in the community about eix weeks and was engaged in the lumber business as a laboring man the deceased woods bad been at moab about two months on the day before the january jtb 1894 the two men had been together and been friendly and continued BO on the drav of the ahoo tinz up till a abort time before the killing woods was very drunk and accused davenport of having 20 belonging to a mr M cleod for whom woods worked woods and the detent dant were at that time unarmed and the defendant knew woods was unarmed when be shot him woods was the aggressor however robert roberson was the first wits feea called for the people he is the beeper of the place where the tragedy occurred he testified that on the ath of january davenport wooda and mcleod were together at his ba loon drinking and apparently friendly on the jtb in the evening he caw woods and DaTen in his saloon they were clinched and and mr mcleod had mcleod separated them and took care ot wooda and davenport went out woods pulled hia coat off ha had no vest on and waa noi armed he waa BO drunk that he could not walk straight davenport returned in about twenty five minutes and sat down wooda started toward davenport said haep him aay from me I 1 dont want to mcleod took care of woods and davanport went out clothine then appeared as if he had a revolver davenport again returned wood thea went up to davenport and shook bands with him woods treated davenport and some othera the then went out and when he returned he abw davenport Daven yort fira the first shot woods i turned around and davanport feied tha second shot woods fell and died immediately afterwards and davenport snapped his pistol at him davenport then said if any of the rest ot you want any thing I 1 am ready far you woods aard nothing after aft was ahot davenport did not manifest any signs of being drunk woods waa blot twice through the body ona ball passing from the left aide of the breast bone aad lodged under the skin oa the back another entered under the left nipple and parsed out under the right there also appeared to be a scratch on one of bis ears |