Show THE HANCOCK TRIAL the trial of george W hancock on a charge of murder connected with the jones tragedy of 1858 at payson utah county is taking up the time of the provo prove branch of the first district court the case is being vigorously prosecuted the claim of the prosecution as to the circumstances surrounding the case is iet et forth in the testimony of frank wilson the principal witness for the prosecutor Wil sois testimony to is as follows I 1 now live in salt lake city I 1 am a carpenter by trade lived in payson in 1858 am not related to george hancock hancoc my wife is related to him I 1 was really living at pondtown Pond town at that time I 1 was twenty two years year sold old I 1 remember the killing of henry jones that night I 1 was at home and in bed I 1 was awakened by my brother who said he thought the indians indiana were after us I 1 met jones near dear the fort he said some men were after him to kill him my brother told him if he was an innocent man no do one should hurt him jones was asking for water and keel a neighbor brought the water we could then hear the parties stieg who were pursuing jones aanes jones then ran the parties then came up and saji said they wanted jones for stealing or attempting to steal some horses the parties arties said they want to kill him george hancook hanco k seemed to be the lader leader he said if found not guilty they would release him jones maintained they wanted to kill him and pleaded with my brother and myself to go with him wy we went out with them a hundred yards or so as they were walking along mr hancock said to the party with him you can slip alip it to him now he be muttered out something such as you murdering a of a b 11 he was shot in the head and lungs his breath came out through his breast I 1 staid ther esome time I 1 think hancock fired the last shot when jones was on the ground after he be fell nothing much was said nothing was said what was to be done with the body I 1 was there with the body an hour or so the next morning I 1 went out and saw the indians trying to strip the body I 1 stopped them jones was disarmed when they had him under arrest hancock turned his head to the mefi men behind him and said you can slip it to him now I 1 went over to payson next morning cross examination tt was my brother lycurgus wilson of whom I 1 speak I 1 lived near my br ther in the fort my brother spoke to jones first and hallooed hallowed hallo oed to sam keel to fetch water as soon as jaaes drank the water he dropped the cup and ran into the fort the party consisted of george patton george hancock and nelson jones stood in the door with a knife in his bis hand but finally my brother brought him out they were going to arrest him for attempting to steal breal some horsey horses and getting eting I 1 some boys to help him I 1 cl think hancock had a brass maunu mounted government gauger some of the party had these guns I 1 am sure I 1 could nt be positive what kind d of a gun hancock bad I 1 am not sure whether deceased was wab bound or not george hancock had hold of jones right hand baiad I 1 dont doat know whether my brother had hold of him or not we were not armed there was no excitement till after jones left after lea leaving the fort they went one hundred and fifty or one hundred and seventy five yards the crowd that followed up consisted of about a dozen persons when hancock said you can slip it to te him two shots were fired the man die till he cooled off bedient be die at once two other shots were fired while he be was lying there trying to die the part of ef his bis skull above his eyebrow was mutilated two or three inches that wound could be plainly seen the next day the wound to in his neck could also be seen I 1 am pretty petty near sure that mr hancock fired the shot that entered his lungs three shots had bad been fired before hancock fired hancock gave the order in an ordinary voice I 1 was about ten feet away I 1 think think my brother was between me and th the fort I 1 know of nothing impairing my brother brothers Is hearing bearing at that time it was 9 or 10 the next morning before the wagon came for the body the killing was between 12 and 2 oil elock I 1 left payson the 12 th of the next august for san bernardino I 1 only remained there a few months I 1 was fraudulently convicted for a debt it was for embezzlement bezz lement I 1 was confined eighteen months i I 1 was arrested in salt lake clity city for illegal voting have been arrested three times the charge of illegal voting has been dismissed I 1 have talked to a great many about this hancock case I 1 have not tried to make some money ou out t of this I 1 offer to leave if they would pay me I 1 told mr thurman if I 1 could get away I 1 w would do so it to get money the witness denied writing some letters which were afterwards offered in evidence mr arthur brown attorney for the defendant outlined the facts that would be shown by the defense he stated that the year of 1858 was a very troublesome time in those days desperadoes and indians were about guards had bad to be kept it would appear that henry jones the deceased was accused of stealing horses or being about to do bo 0 o ani and to I 1 induce nd uce some little boys to go with him this scheme had been given iven awa away 1 and a therefore guards haffen baa been PIM placed 0 out ina jones confederates had been caught making preparations to carry out the scheme jones when he was about to be arrested restated resisted and fired d upon the guard and escaped cape d afterward when about to be arres arrested ted he fired at hancock and he returned the fire then the chaab ahw began price nelson and patton ar ested the deceased that that mr hancock lid did not shoot nor did he give any ccmmand to shoot the defense proposed to show that the emrence em lence of frank wilson was not to be believed that defendant was now on trial for the killing of henry jones only another indictment is found against him for the killing of mrs jones but they would show he was riot not in the cabin at all and that mrs jones was living long hours after the death of henry jones at ohp time of her death hancock was at salem several miles away albion crockett B S B R thurman henry gardner and A were among the witnesses called for the defense the statements of frank wilson were contradicted in many particulars by these witness thomas thoimas wilson testified I 1 have lived in payson 30 years was engaged in teaming in those days I 1 got into payson the night of the shooting we took our horses over to co the bench when we came into town george hancock came and asked us to go with them saying they had arrested some prisoners john was under arrest we were looking for henry jones we received information of the connect tion of henry jones with the horse dorse stealing we were asked to go to the i abin but we protested we were at mr H in cocks house an hour or so then we started out on our way we heard some gun shots lue due west from where we were we heard some one running toward us han cock challenged him to stop it was henry jones he stopped and called out to george hancock Hano ock I 1 got tte the impression that jones was going to shoot 1 stepped asi aside and jones jones it at once fired the bullet whistled by us hancock fired alred back jones reeled iut gathered himself and ran over the therill bill ill we followed but gave up the chase before we got to when we got near we saw bume men coming toward us we then cleard two shots fired and when we went up we saw jones lying there dead hancock was not with us I 1 dont know how faraway we were when wh u the shots were fired after we e arrived I 1 dont hancock fired a shot several were there I 1 ddn it see frank wilson there when we first came up there were some women there to mr I 1 was before the grand j jury u ry last november not i in n the spring I 1 knew george hancock before that day we went out as a guard goard around kenry henry jonew jonea or both hancock and my self had guns the two shots were fired at neary nearly the same time my impression was that they wanted to arrest jones because he was the leader of the crowd of thieves not that tie he had stolen anything I 1 understand that Elane hancock ock was after jones to kill him I 1 say that there were more than two shots fired jones was on the ground struggling when we got up to him I 1 dont remember of anything any thing being said as to what should be done with the body to the court 1 I am not sure it was jones jonea who came up and fired at us the time of the shooting of henry jones was wa 4 about I 1 to 2 in the morning lycurgus wilson testified my house was located inside the fort my brother frank live wita with me when I 1 heard the noise I 1 was waa at the woodpile wood pile frank was not with me at the time at the time jones was in the house the men come up I 1 see uny any water for jones 1 decline go to payson i I 1 dont recollect of my brother being there at all I 1 hear hancock give any command or word as to the shooting 1 I was the nearest one to him I 1 do dont nt recollect but two shots F did na n 14 see hancock shoot deceased after he was down to mr evans dont recollect of mr hancock giving any command I 1 testify before the grand jury that I 1 had started back toward home when the shots were fired the two shots were fired in quick succession to mcbrown mr brown if mr hancock had given any such command I 1 would have heard it after hearing considerable evi deuce as to the defendants good character mr hancock was called to the witness stand and testified L am the defendant in th s case I 1 have board beard the testimony in this this case 1 I remember the night of the killing of henry jones ram remember e aber being out on guard with with th thomas omas wilson that night we were on the lookout look out for horse thieves I 1 remember some one coming up while on guard I 1 hailed him I 1 cried who comes there haiti when I 1 cried I 1 halt he fired I 1 had my hand ou on my pistol and returned the fire the two shots were like spat spat the man turned and ran I 1 started after him I 1 saw two men jump from the sage brush and ruu after him they were between us I 1 did not come UD to them till the v reached pond town when 1 I came up I 1 recognized the men as george patten and price nelson george gus Wilson wi laon samuel keel and trice orice nelson had arrested the joneses there might have been other parties around but noue none others connected with ith the arrest jones did not want to go back samuel keel and lycurgus wilson were leading him that is they were side by side bide as we were going back the question was again asked what lie was arrested for I 1 was telling that he was the leader of a gang of horse thieves we had got on about one bundren and fifty or two hundred yards I 1 was at the left of mr wilson sud aud there was waa a commotion and two shots were fired I 1 did not fire either of those shots I 1 did not say slip it to him boys or give auy any other word ord of command there were only two shots fired I 1 did not fire a shot when he was on OD the ground we were met by two nen men n en coming from Payson Thomas wilson might have been should judge there were about fifteen or ar twenty meu men ip in the sae crowd I 1 don doni 1 remember seeing frank wilson there this shooting occurred before 2 the first shot was fired about 12 ii some one spoke up and said it wont do to leave him here there was a man living near by named tom keel up u p ai a i d said I 1 I 1 w we e will watch the body his wife spoke up and said mid ives yes we will watch him I 1 go to bed after such a racket as thi sany how I 1 had nut nit chased this man jones coues around town before he was halted baited by me while on guard I 1 know daniel rosson I 1 never dever told him that I 1 had killed mrs jones I 1 never was inside of the dugout I 1 saw this john jones arrested the next morning at about 9 I 1 moved to payson pay son on the day of march 1856 1 I was born in columbia ohio on le the of march 1826 1 I came to utah in 1849 1 I lived at woods cross north of salt lake I 1 have lived in payson since 1858 to mr ewatis I 1 never knew henry jones until he was identified after his death I 1 had heard of a family 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 time the commanding officer of the guard gave me orders not to let any 0 one nega pass ago in or out I 1 dont remember who 0 was officer of the guard that night they were bein being constantly changed I 1 think william best beat was wag 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 reason 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 liht light in the direction I 1 supposed the dug ut nit was and I 1 heard some rhods fired I 1 believe I 1 heard as many as four shots in a short space of time the ne old pistol was produced and Mr Hancock illustrated how it had been held and how the challenge had bad been given the shotgun shot gun with which jones fired at me was picked up tip by some herd boys the next mordi morning ng 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 briny bring him back bach the four men whom I 1 spoke of had arrested him when I 1 came up I 1 paid boys we must take him back bach I 1 believe these men drien said mid the they wanted to take him back jones ad did not want to go back he did i ot of explain why he did not want to go back I 1 did not hear bear him say he did not want to go back because we were going to murder him I 1 dont know whether tie he was wounded I 1 sup ased when I 1 shot that I 1 wad had hit him in the right arm mr evans evana did you try to kill him objected to by mr brown objection overruled ans ana I 1 cant say that I 1 did try to kill him he fired at me and I 1 sh t at him I 1 could use a pistol aretty pretty tolerably quick in those dayt day I 1 was smarter than I 1 am now when jonee paw the other men coming he be said there cume come some more of them after me he kind of made a little jerk as though to get away two shots were fired jones fell f 1 dont know anything about the bullets going into him I 1 never examined him I 1 believe he died there he did riot not die very easy mr evans how long does it take a man to die who has been heated up ans I 1 dont know I 1 never tried it I 1 never died we never left u until n atif somebody said they would watch the body I 1 was in during the years 1858 oa 60 and I 1 have been away one winter since I 1 went to michigan and missouri to visit my frie friends nils I 1 don dont donit it recollect being away but this time I 1 have mentioned when the joneses were killed I 1 think byron pace was wag sheriff sherif of this thia county I 1 know a warrant was out for me A few days ago I 1 heard there had been a warrant out for me I 1 go away in 1859 or 1860 to evade arrest I 1 been in california since 1858 1 I didel d id nt keep out of the way since that killing to mr brown 1 had nothing to do with the maiming of jones I 1 was a captain of a company in payson I 1 think it was after that the city marshal attended to the detailing of the guards I 1 was elected constable in august 1868 1858 1 think I 1 was acting or deputy constable at that time no I 1 was not acting constable the night of the killing I 1 was acting as a military and not as civil officer that night |