Show DliinlG TOA A CLOSK Egginton Murder Trial Making Rapid Progress fl Pro-gress 4 HilL REACH TE JURY TOMORROW i 4 TMtlmnj of ttie Dtf emliuitii J1 1plit i r Old uo W Oy 0 k I W IJurrdlo > Cullin The trial of Tlcnjamln Kgglnton for the killing of Martin Moclr Is I proceeding proceed-ing nt a lively rote In the criminal brnnvh of the Tlilid district court i The prosecution rested late yesterday t aftirnoon nnd the probabilities nro that the defense will get through this evinlng Arguments will likely Iw c made In the morning and the clone go c c to the Jury some time tomorrow The S O In InOnC 11000 1 ecotut at tday l > toced ings was tho examination of Uggln 0 bc tons little boy who like the nun of orc O Multln Mock who testified jesterday ci proved himself u bright and Intelligent O witness A number of witnesses testified 0 0 testi-fied that Mock wacofactuarinmo nature and cc gociovo > s In tumble I with 0 0 h his neighbors A witness 1 named Lancaster 0 1OO ° I Lan-caster testified that two weeks prior to L j I the shooting Mock had threatened ig hL Clnton to him None of the wltncssis thus far ixamlned saw th shooting W o and the testimony of the defendant together tN to-gether with lion clrtumstaniei A loundlng nnd leading up to tho tragedy ii U trag-edy will have to be taken Into consideration I oc consid-eration and welshed by the Jury lho 00 defense Is I that igglnton shot Mock accidentally although It Ic I J i o claimed ho gnvo jumclent TOUKO to the defendant to have 1 o Justified him shooting Mock Intentionally W Inten-tionally et After tho News closed yesterday O the witness II P Johnson was cross to examined by Mr Iutnnm Witness said ho went to Mocks place 4 at the request of Dr Robe Ion non doctor told < Mock he couldnt live nnd advised him to make a statement o ° r Mock accordingly talked to willie do lberatcly and distinctly Mr Putnam offered the statement in evidence Objected o Ob-jected to Overruled MOCKS ANTH MOUTCM STATEMENT STATE-MENT Iok nto mortem stalmnt los tho II ral 0111 I os oUow o O fl About 4 oclock p in on Tuesday the Ret of September I went over thero Ol to Kcgintons house Mr KcBlnlon 1d 4d was standing by the door and ladder oW putting nails In battings I said to him Cod you cant have water In I hInt ditch cs He said Icon have water In that ditch o oO1 jou can never throw me oil I can oC 03 throw you nit you have no right to that ditch so long as > ou dont pay me dO for It1 he then said If you dent keep quiet t will get you ort the place I o raid I will go off Just so quick as you ot leave that ditch alone Then he turned uroud to the 4 door toool reooelocd III the room to 1M It ° eontlocidentthedonrtondtonlcaple tol In his right hand off tho floor As ov4 di noon xc I nw the 1Ialoi I tucoeol cool OoO ran away from him I had gotten about two rods away when ho lured aOlI I fill shot In tho back Ho Hgnlnton > o o theoceoxoet P to Ole aOlI nioood Oler mo pointing the soon nt tee he paid 1 had better finish vou Ill give you one Ao tn tho harl1 poMpon hnd beller leave me alon Ihoto enough my alotorln law called to him and he turned round and looked at her and walked nway and I called for my boy Julius Ho I jrcrton camo back to mo and pointing the pistol at mo said I better give jou another an-other one I said ngnln jou better leave me alone He then walked own and begun to harn hI horo Thro wns no ono elo tttii ohOot lag but Ngglntuni little boy nbout 4 yearn 011 1 did not bosOn nnYlhlng In my hondo nnd t dId o < > t thaton to hurt him In nny wnthell nor at any 11m previous Ilgned hy MAnTIN MOON iV WlInes r 1 Johnnn Alex O HoLortson 1bll Clark Ir j 00 0 Dr A O Itobertson was then calico th i tf tall Identified the written statement < ir f Ilill Clark corroborated the last two 11 > Dr Anderson who nslste1 at the I i 0 post mortem nloxoieobionnfMocir if testified I that Mocks death was thc re 11 1 salt of o guntholoccoond II City Morshil Hors of Sandy idea I ° ° etretI j I tiled a gun given him by Mrs nsgln ton Bfter her husband had dellveied Yt l Himself up 1o l Ii ANDnEW mInTS TESTIMONY Deputy Sheriff Hurt testified that he k II ii l paw Eeelnton at tho county Jail when bo gave himself up He Bsktd him 1i If Mock woe hurt very much and his I reply was that he wasnt ns he only ° 1cthIIl I shot him in the leit I Ho further told Ot ° blI1l ° ii 11 witness that Mock had struck him with j ill his list and that ho hud shot In vclf 0 COD I defense lio0 000Wt Assistant County Attorney Hay Van h f Colt said that he had examined hoe J t I surroundings I of Egulntons place naob ° 11 ft 1o c that the jrround vvheie the shootln fl occurred was almost level Tho pro 003 J ° ° I Iii necutlon here rested i4o03 DEPENHE OPKNS kI in Ilr Edllnrd made hoe opellln elIte tooaoi n il 1 meat for the ddne oral nlll II would oIII s be shown that Mock coos qcoacrcleoome 1 III 0l04 J and had 05 so number Of cccneionot 10 II0 > > 11 Ihatelle1 to i 11I Roogiolun Tho hoot ii i t O1 I 1 log he furlhe scud won atciolcntol 100 1 thJ oaob hnploencdwboroc i nggintoit foil 0 ° h I 0 Jl ngalnot the wall taO < lol1 by a hlnw I front Mock causing the gun tn go nit ° k kn nWI t nl 1gll 0 11i i Mock woos an ohiniaoolloob moo aaol Kg I I Ilnton Ic I a cnlIlo The bolt er mrrl1 1 1 Sd0 a gun to protect I himself as he moon In o l ° 0f Iot dread of his life 1o I t ANDMSON TLSTIMONV P j j tll J F Anderson was the first nttnrm H b it 1 ailed by tho defense thU morning He e5 Ik I listed an Instance when Lgglnton o 1 o and Mock luarrcl1 OOcr000nteb 11 I I ciltth Mock shook his shove I I at KB i kn y liliil 1 n glaton lie bern euov Fcogiolon offer on y violence to Muck At another time the witness said ho saw cloth knock 55 shovel out of Kgglntoiiiilmml CrossoxamlncJ by SliC Vutnanu Tho lIt quarrel wltnejw Mid was over a tale last June Ho never > aw Mock CR1100 UiKlntnn ljut he had Been lilni nock 110 shovel 1 out i loIn I hand Old I lOt rcmmher whn that cons Itotac tho only lime he ever saw Jlork use any MolenCe I HKTWKIJN nvn AND six FliRT TALL Chris Honsrrt MId he lived nbout n mIle south of RffElnttHT llcmemlieroil a dispute between Ugclnton ami Mock i aver n Ronlur hole Mock was Ca curl nnl angry and went homo nnd i got n ihovel One morning Ilgglntou scot him liver wllh a note tu Mock hut tM latter wouldnt take It from him sclnlon rump up nntl put the not on the fence Mock pot n shdvel and iroeltrd It off and In oln gee rococo a nr inkIng Ilirglnton Words fob vcd lire Mock soon appeared on Ih nreno antI united Can ou Belllo UI a In poner ngglntnn said that I < hat I nm trylnst to do Kntlnton cc nlked up 10 MOoch nnd putting loIs hand on ill Mocks shoulder sold Let ii reason thin thing out Mock then cooled ilnwn and both talked cover the Hunting of the ditch They parted 1001 rilcndi How bIg a man wm Moth At to riley llnnington cifcetl Oh ho welshed about 10 pounds ° 00ae the rif > lj How Sl a man won ttey Mr blur rlngon again enquired Oh between II could d nix feet rn plied Hanson lnlr ro 1rbnmiratlcu It IVns bob I light out that the witness and Mod hl < Mo-d had words Mock was aunrn some and rono at tboe nlghbors Ould got along milk him ban ruinveerulol C1C1INTON ItTTIn hOT TESTI rlls Rococo r Rgglnlon the elghlyei old son of the defendan was nel Culled hAt pus Indertand the nalure ot nn Mlh i > 0nqulrcfAtto Ilward Yes sIr anslle d iloe billie ellow Wllnt will become ot pun II I you 101lt tell the truth ached Mr 1M nrilD I wont go to heaven was the boys quIrk repl Did p nuevoraee yaoor loapta and M r Mock have anjMrouble Veil sir One time Mr Mock Bald httI Mil mo und kill my papa Vh econra you when thla was paid On pas land caused I Mr Mock to sup this orsey Ho was mad about the waler In the allrh nnd he Mild If JOU como hor ago In Ill kill 1 > ou Did he ever say anything In your h4rlng again Yes sir One nlnlit papa and I was gnln down past Mr Mocks house In II buggy and Mr Mock came out stool raid to papa Who Is I going to be In bite pehltontlarj me or you7 What did your pa say ° Ho never spoke Jlow did I you come to 1017 Mr Mock took lioia of llv Jhocls of Iho buggy nod clutched papa What do you mean by clutched Ho caught hold of papa Did Mr Mock say anjthlnu Tee he sold You a ds 6f a b 0 Did Mr Mock ever say anything tn you or your papa before or after that One night I was going down to rhang ho cows and Mr Mock sold I > ont you look after me coon 0oh little b the best thing I can do Is I Ingot In-got 0 gun and shoot your papa1 Th little fellow further testified to the noto episode I corroborating the wit n reltk ares Hnnsen He Also said that Mock nee said to his father that If he ever caught him at the ditch meddling wJlh the water again he would Ox him The davbrfore the ehootlncthe boy old Mock held a rake over his fathers Iocaob Inn Ihrotnlng manner Under croscJmmlnatlon nn In un cover to Mr Putnam the child Mid ho and his father had talked over the things he had tcstlllml to a number of timee nt homo an1 In bloc county Jail blow dldTe come to balk about IU Mr Putnam nsked lIe woulll ok me It t remmbered what Mr Mock sold to him and me the boy replied Did he over put It Into your heod iometlmiH ho told me what to say Tho jouihful witness also admitted having talked to his mother about the case hut had only talked with the attorneys at-torneys taco and that was vvllh Mr 1Iols It 00ch evident that tho llttto fellow dh not fully understand the meaning ot all Mr Putnams question for he once blurle out with Whf ever I cam back from hlodks t would > tel my pupa aoobmummu what hr saId lIe never saw Mr Mock strik his apa neither had ho ever offered to trlko him HAZLRNPT HAD QUAnitnLLKD WITH MOCK DavId Hnilojiut clot could boul pIk nbol a lhlor mllklnll extremly dUneua 10 Mar whnt he sold teIIII1 tht he load eOIlatlol1 with Iock lion night prior to Iho baotllll lock told him that ISffginiMi waN 1100 i worot nan living and tint If ho did not Irove he water alone he Mock woul1 go ier and fix him Hock the otliness turthr roOd coos nn aloleloodled l noun ned his reputation for peace and quiet On being cronoxnmlned Mr Uncle nnt admitted haMiiR quarreled twlc with Mock hlmnelf Once the wltnef aid Mo < k thrratineil to strike him with a shovel nnd hold It about run Inches from the top of his head lock never carried out his threats tfltn vYATiniMANTimS TllSTIt > MONT Hyrum lantaster was neit called cool Id h 00 esnros lnt of Crescent and held the position of natennastrr i io HL o 500 iur tu he 1st vt rtepttm her lock com tn him and complained of nxglnton 50 > bog he was going to shep him tom taking cay mMe WOVe Wlll 101 cull ltd told him Iha Mr IiI glnton ho1 to mItch right to lIon water so ho hd hut clout neither dad any gal rights in tho premises and that I lie nbjertcil to ngglnton getting cooler h I w01JI lob eve thllt neiher one ot Ihm got any lie loll me n Iroolobdocasl 1 1111 con tlnue1 the ceilnecs hut that If big glnlon troUbl1 hoe tlltdbu allaln I ould bo the hist time he would ever oh o fa nn eailh floe witness said he autlonrd Mock by copIng He careful I ray hao tn use this itffalnlt lou om doy The lay before the shooting Kggln Inn rome or to tnndY too ore Ihe coil nesson oh complained of Mocks ae ons Jin wanted wltntas to go met to Mutks nlth him but I told him ton to-n nnd hOe him arrested paid Lan coaler The general I reputation of block among his neighbors th witness onll cone bad At thu Juncture court took s recess ANCARTKH CHOSBRXAUtNKU At the reopening of court this after noon lh 000ltncec LOleslr VI culled tn thn stand and croslexamlned by Mr Putnam Ho said he had known hath Mock und Kgtfnton for the paste 1 past-e jcnrs He was more Intimate wllh th loIter though lie nover entertained any haul feelings towards Mock Only two neighbors hod he hat talk of Mock and they mated to witness that blevk had given them trouble lust sum THSTIMONY or A Nnioimoit Chris Lnureson a neighbor of the neks pnla little Julius Mock rome nr him tho nlernoon ot lbs shootng Wibeene and his wife started for th ace He spoke to Tlirglnton about the ootlng and the defindtnts nnsner loa thnt h cane SOlr for lhnt hal ppened but he had to 10 It to Iro jcl j-cl himself This latter statement was nhjeI1 to because It was not con 1 lend a part of the res gtitae Ob ectlon sustained At this stage of the iroreedlnus Deputy Sheriff Nick Cul I bo rutneouJo wor n Intrpter olld Iho testimony us given In broken flog hleh was Ion over again The witneis said Mocks reputation for pence and quietness was good Joe Heading wntermaster for tho RIg Cottonwood creek hadnt known M r cused Mock since bIb and wns therefore f o n Antonla Specknrt filed I suit todiy gainst IF D Miles and T C Piitten for the recovery of hnuiehoM roods valued at 1120 which plaintiff alleges I woe unlawfully taken from her else S COO damages The goods were taken h lrtun of nn ecullon trom Jusl cMasteri court aoondgloent for 1220 In favor of Nile gamuel J Whltmore Is suing T JAn J-An ron to recover 150 on a prom ory tube 0urCI boy J n chatt norlgoge on goods contlstlng of allure rnlture and low books The appoint mont of n receiver Is l also I prayed for ild to take charge of the property and moo good the deficiency |