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Show FIRST DISTRICT COURT. The Brock Homicide Cats. The Dtfeadaol's Testimony At the Monday afternoon session the court completed the empaneling of the Jury. The flrsl witness was C. D. Footc. lie testified Jonh F. Foote was my son; he was brought home some time in eptember, 18:9; there wasa ulltt w uud between bis eyes. J. H. Mitchell of VerneJ, Utah I was on Brock's Much In Xovem-berlS59; Xovem-berlS59; Mr. Brock and Mr. Foote were there; stayed at the ranch until the afternoon, and saw thedifflculty between Brock and Foote; went into in-to Brock's house and took a drink; Brock and Foote made a wrestle far tbe drinks, and Foots insisted that Brock shjuld set up tho drinks, which Brock did; they continued to quarrel and Foote took up a fair of scales and struck ovrrths counter at Brock; they then nude a bet on my weight; Mr. Foote got up to woigh himself; he pot up to tho scales and pressed cp against the ceiling making mak-ing himself weigh heavier; Brock told him to weign fair; Foote made come remark it hich caused Brock to fay, "maybe I am as well healed as you are;" Footo attemr.tcd to pull bis gun out of his scabbard 1 came between hlai and the Counter and grabbed his arm arid said, "For God's rake, you don't want to do anything like that, let motakoyour gun." ho dropped his gun back in tie scabbard aud I turned around and touk several steps towanl the door, when I heard a shot fired; I turned to seo if auyubdy was shot; Brock had a gun leveled at Foot-; Foat was six or seven feet away facing Brock and had his hands down to bis side; Brock fired again and Foote fell; Brvct came to the door with the gunln his hand. After some crocxamlnaUon. J. II. L'gacs at the Brook post ofUcrr, Emery County, testified I was present at the time of this difficulty; I was Brock's lorluer; on the day of the shootlugygallr. Footo came along .buutlruT faPcattle; t was cut behind the ytable and when I came InXhey 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 'fin uiij n hen wc Trent into the saloon, Fuote had the scales striking strik-ing at Brock; Mitchell took the scales from him and I hu:l, Ihrm up: I went milatiJ wjicn I came In naln they were 'weighing; Mlt-' chell weighed himelf fir-t, ami then Koolu urfghed himself; in eljhlng, Foot humped his shoulders up against tbe celling, and rosktug himself weigh morr; Iter then wanted ma to weigh them, but Foote kept on humping his boulder against tho ceiling and I told them I would iiavo nothing to do with r, they kept ou quarreling, finally Fuoltt attempted to pull a gun and Mitcliel took bold ot his nrm and tolj him not to do that; I turned around to go out and I heard a shot; I looked aud saw Brock with the gun in his hind; he II red aud Foote fell; Idld ujtseo tho firjtshot fired; Brock cams out and gave his gun to me; there were three loads in Brock's revolver beforu the shooting and one after; I did not cxamiue Foote's revolver; Brock said some-thlugtefombecameout some-thlugtefombecameout about If any of tbe re?tcf them wanted anything; Footo had his hand on his hipor his revolver when I turned around; I wouldn't be sure which; I examined Foote's body after he fell, he was shot between the eyes. To Mr. Brown When Footo bad the scales in his hand striking at Brock, he made some threaten Ing remark; Brock dodged the blow and asked Foote if he uscaut to hit him; a min might be LIIiel with the scale; Mitchell took the scales from Foote and gave them to mr; I went out then and tried to get same of Foote's friends to take him away; was afraid there would be trouble; Foote tol I Brock he had got to set the drinks up after the weighing; Brock did not set them up; Foote weul to jerk his guu aud Mitchell stoi-ped him; Foote seemed to want to get away from Mitchell; thought ho wanted to shoot Brock, found tho ball ot the firat shot afterwards; it was In. the wall about a foot and a half from tbo floor to the right; I should judge it had been fired at random by -Brock; I don't think it was fired by Foote; the second shot was fired almost instantly; rt the time of tho shooting there w ere only four In the saloon, Brock, Foote, Mitchell and myself. lte-direct It looked to me like Footo made a jerk when Mitchell took hold ot him; the scales wire about a foot and a half long; they would weigh a huudred pounds; If Foote had struck Brock he would have knocked hi ill scnsxless, if he had nut killed him; twill men had been drinking some, the first time I thought the shot went off accidentally. accident-ally. John '.. Alger I live at Emery County; was at Brock's ranth on the day tit this shooting; I was down by the creek when I heard trie reports of Hie pistol; went up and saw Mr. Brock, Jack Cole and Jed Lunt standing talking; I went In and saw Frank Foote lying on the 11 or; did not examine him at the lime; was called on by tin-shiilfT tin-shiilfT and examined the man the lext morning; he was jhot lc tbe no-w; the bill came out at the back of the head; I drew his revolver out anl saw there was one lond In it; the lJy was in the same condition con-dition tho next miming, as near as I can judge, as when 1 first saw It. Isaic It- Worknun I lln. r.l ITIm tab rouulyj was at Brock's rauch ' on tho ninth of November last; 1 ami Mr. ligin went in to dinner and as we came lack I stepped into the sitting room; 1 heard quite a racket in the other room and I stepped out and saw Frank Footo trying to draw his gun; lie had it nearly wit when ho wai stopped by Mitchell; I lit out then; I stepped behln I the doorand heard two shots in quirk succeedon. To Mr. Brown I saw Mr. Foate about a week before clia.ug Mr. Brork; he had a rock In his hand aud wanted to make Mr. Brock set up the drink-; at the time of the sitDotlng I ill.inot stay la tlierooai any longer than it took me to" go through. Its-direct Whej I got through the room I turned and saw Mr. FiKitutrviu? to draw lilt i.I.lol. To Mr. Browu WheuFcotedrew his revolver I did not see any weapon weap-on In Brock's hand. Mr. K in was rcalle l for the de-fen-caud tho scale were produced and identified. The scales were ?f-ferrd ?f-ferrd iuevi fence. C. H. Valentine, the coroner cf Emiry County, gt over to Brock' ranch about 3 o'clock the nest morning; morn-ing; tho body was lylni; ou its back with the head towards (he door; he mticed n wound on the bridge of Uic n-woand hi-1! of the head; the b-dy was placed in box and taken to P. V. Junction. John Cole watai Brock's ranch on the daj- of tho shooting and saw Brock and Foote there; tried to get Foote to go with me; they were scuflllug and wmtllng around there; I stayed outside with my horse; I did not see Mr. Brock shoot, but I saw Mr. Kontu fill- Mitchell hvl his band on Foote when the firt shot was fired; Mitchell Mit-chell then cam: towards the door and the other shot was fired; Brock came to tho door and aked him for liis gun; bo said they couhiu't make any gun play on Mm; he gave Ms gun to Mr. Egan; after the shooting I went into the room and saw Mr. Foote lying there; his face was lying ly-ing In the dust aud blood and I moved It back. To Mr. Brown T saw Footo have his hand where liis pistol was and Mitchell had Ills hand on Footes haud; Foote was a friend of mine. Jed Lunt liad seen Foote and Brock wrestling and heard Brock abue Foote several times. Mr. E-au, recilled, said he had not heard the abu-ive language referred re-ferred to by the previous witnesv. Mr. Mitcbtil was -recalled end confirmed bis former statements. The prosecution then rested. Mr. Brown staled to the Jnry that the defense expected to prove that Foote was a bully and bad taken a dislike to Brock. He was an expert with a pistol and Brock had acted In self defense. A deposition of Sargent Clay was then read In relation to the previous tharacter of Foote. Instances of his having shot out the ligh's In the windows and Into the walls of the house, etc., were represented, lie had made threats of killing Mr. ISrock.lt Brock did not open the door of the saloon on a Sunday. A deposition of Rhoda Hawkins, similar to that of Sargent Clay, was also read. Court then adjourneduntllywter-morning adjourneduntllywter-morning at 9-30 a.m ICESDAV jionsiso. Charles D. Smith pleaded not guilty to the charge of adultery. The case was stt for October 5. Kate Uoulz pleaded not guilty to the charge of fornication. 'the grand Jury came Into court and reported eleven Indictments. The following cases were Ignored: United States Tg. Shadrach Drlggs, and tho reople v. S. F. mount and J. W. Corns, et a!. Testimony for the defcn-olnthe Brock homicide case was continued. George Adams testified I was acquainted with Frank Foote; Isaw him shoot through tho window one day and through tbe roof a couple of times; be was under tbe influence of liquor; he came near shooting a little boy when he shot through the window; I did not hear him ray anything about Brock; the general reputation of Foote was that he was a tal man with a gun. E. W. Guyman In the fall of -S3, I was freighting from Price to Vernal; I had met Mr'. Foote and I knew Mr. Brock; I taw them together to-gether about two weeks before tbe shooting; they liad been playing cards and Foote threatened If Brock did uot continue ploying he would kill hlm; Foote's reputation was, that when he was un'Jir the influence influ-ence of liquor he was a bad man. To Mr. EVansI have known Brock threo or fjur years; Foote said that if Brock did- not play cut 'Egan' game, he would kill him: I heard that Foote came nearly killing kill-ing one ot his younger brothers once. Charles Benura I do not kuow what Footo's reputallou was; know be was a good shot. Charits BaUlwlti In the fall of 1ES9 1 was driving stago fnmi Duchesne Du-chesne to Sit. Brock's place; heard of the shooting by which Mr. Foote was kllltd; saw the two together shortly br.j re therf-.oolIngjMr.Foote compelled Brock to play cards with hlm; Brock didnt want to play: 'Foote said if he didn't playbewould kill him and take possession. Seviral other witnesses testified to the disreputable character of Footc. The defendant. Brock, testified I went to Brock's ranch Iu liS'l kept a supply store and the poslutllce there; dont remember getting right w ell acquainted with Foute until the winter of 'S3, Mr. Foote came there and wanted whisky and I didn't want him to hive it) ho threatened to do me up or kill me; whllo he was not watching me 1 got Into a sleigh and went oir; when I came back I fouud the window lights shot out; he shot several times before I leit; I was afraid of him; one time he camo and wanted to play cards with me for the drink?;he threatened threaten-ed to beat me or do me up if I didn't; another time when he and Egau liad been playing cards, 1 came Into tlia room aud Egau slipped out; ho wanted me to take Egan's place, but I didn't want to; he took hold of my wrist and twisted It and threatened me until I played with him; another time ho chased me with rocks; lie bad threatened me about a doztu times before the shooting; I was alraid he might kill me; I knew he was a good shot; on the day of the shooting he came In about noon; as usual lie Insisted on me letting up the free driuks; I told him I had set 'em up enough; he was on his horse and took bold of me; I took hold of qira to keep my lnlanc; I went in and setup the driuks; I didn't want to, but I am physically weak; I wrestled wres-tled with hlm and gave him aquick trip and I fell on top, but lie easily rolled me over; he claimed the driuks; I claimed that I had thrown him and that he should set "em up; tho other boys said I was right, but he wouldn't have it that way and I set 'em up; thru he wanted to bet me on the weight of himself and Mitchell; I didu'twanl ta bet, but he insisted; when he weighed he ; ut his back again -t tho beam; I said it wasn't fair, but hu claimed It was, and wanted me to put up the driuks; be said lie would kill tile oil; I said niaylo I was as well fixed as he was; he went to draw liis gun; Mitchell tried to stop him, butI saw he couldn't stop hlm, so I'pnlled my own gun; the first shot went off accidentally; I then fired at Foote; I was satisfied that if I didn't tire hu would; I went to the door and they w wed me to give my gun up, but I declined; de-clined; I did give it up afterwards; I was excited and scared and I ent to Duchesne and gave myself up. Court tlieu took a recess till 2 o'clock. |
