Show THE DAVIS MURDER TRIAL PROVO dee dec 19 captain W E davis dails charged with killing three men at westwater grand county a short distance from the colorado line on august 1892 is now un on trial in the first district court the reported report ted facts of the killing briefly tul tol are as foi follow lemp captain davis missed some honey and butter from his house bouse and he thought RD an attempt had bad been made to burn him out he made investigation and add came to the conclusion that charles C brock and his bis men med with whom be was not on the best of terms and who owned a sort of confined ined dugout and cabin about four anti and a half miles from his place were the guilty parties early on the morning of august taking with him his nearest neighbor frank grant he went to the brock place As they approached pro ached clubs stones and other missiles greeted them WM win miller was the first man to show himself he was at the window A ball from the captains gun was planted in his fore head bead square between the eyes and lodged in the brain strange to say the man lived for twenty four hours chas dusel showed himself at the I 1 door A A second ball from the same source caught him on the cheek producing instant death the captain and grant then started away about fifty yards from the house they met brock who had bad been out on the rauch ranch he had a pair of hobbles in his band with which he struck at davis A third shot entered his left side clipping the lower point of his heart and causing his bis immediate death the captain wert went to the nearest tele telegraph 9 raph office laconically telegraphed to his bis brother inlaw in law at grand junction that he had met the brook outfit and as a result wanted three plain cheap coffins and then he gave himself up A coroners jury returned a verdict of justifiable homicide and davis was allowed to go but he was subsequently arrested davis to is a large powerful man of muscular build his to hair to is dark slightly tinged with gray he was a sharpshooter during the war his present trial is not for the murder ol of the three MOD men but only of brock zone zane and king are prosecuting and H P henderson Hende raon and thurman and sutherland are defend ing the jury was paneled em on saturday last as follows J jacob acob winch joseph relly kelly 0 H harren william elliott james sanderson banderson simon beek beck edward Candi candland and T E fleming james clark joseph gerber C F watkins and 0 E fletcher dec 20 the W E davis davie murder case is the chief topic of interest in the garden city yesterday morning john M zane made the theolen open statement for the prosecution in the case cage he stated that the prosecution would labor under a disadvantage inasmuch as frank B R grant the prosecuting witness and the only eye witness of the tragedy was hostile to the under the common law the prosecution could not do otherwise than put him on tile the stand the facts as the prosecution expected to prove them to be were presented very similar to the statement above presented in the NEWS except that the prosecution was almost wholly on OD the part of the defendant frank B R grant was the first witness he testified that on tuesday evening august at the request of davit davis he went with him from davis place at wast westwater water to brock brooka s place lace a distance by rail of fournad fo a 8 g halt olf miles after looking about the place love they returned to davis place at four four on the morning of the they arose and again went to brooks brocks davis had a 45 colts revolver and witness had bad a 44 winchester rifle but the rifle was left on the road as davis davie mid aid brook and his men might ou suspect hect that they had come to make trouble witness understood that davis simply wanted to make some investigations in regard to some honey which he suspect ed brook and his men had bad stolen from his place on arrivi arriving ng at brooks Brocks brock was swu seen to leavel leave the cabin for the pasture sture with a bridle in his hand mile while witness remained on therill the hill behind the bouso bouse davis went down to talk with the men dusel was wag in front of the house building a fire words ensued between dusel dasel and davis and he saw dusel strike at davis with a club davis then fired over head A second shot was fired by miller from the cabin davis then lowered his revolver and shot dusel in the cheek killing him instantly he then rushed to the door and shot miller in the forehead witness ran down the hill as an quickly as aa possible davis said my godl god aint this awful what are you going to doss do asked witness 1 I have done enough s re replied p ii ie d davis im going home P they started when feet from the cabin met brook brock on horseback leading a second horse are you heeled asked davis 1 I am always heeled for such anch a of b as aa you replied brook brock got get off your hore home I 1 want to talk to you was the request of davis but brook brock declined sayings fla ying 1 l never get off for such a of b as you PP he then struck at davis with a pair of chain bobbles at the same time trying to run him down with his pony davis seized the pony by the bridle brook brock managed to get away with his horse he made a circle and started for the house exclaiming it if I 1 get to the house I pil iid id kill you As he came on davis fired twice and brook brock fell from his bis horse near davis feet davis and witness then rode away and notified the people A coroners inquest was held and a verdict of justifiable homicide returned witness was considered hostile by the prosecution and was closely cross ex by marzane Mr Zane but did not deviate from a straight story dr bull of grand junction offered some expert testimony concerning the wounds he thought from the bowde marks that dusel and miller had been shot at a distance of from four to six feet feel miller died on the tha friday morning after the shooting he was unconscious during the he interim he had bad seen een two wounds on brocks body one was between the fifth and sixth ribs halfway half way between the side aide and back judging from the ragged nature of the wound it was the point of exit the other wound was to the side aide and back of the head H H jacobs had heard beard the shots fired from the opposite side of the river one of the shots was different from the others it sounded as though made by a smaller gun or from a house witness had bad acted as coroner and also one of the jury who had signed the verdict of justifiable homicide he had never expressed his opinion as to the guilt or innocence of davis davia he had seen a rifle by the side of miller and had emptied it but had found no empty shells either in the magazine or on tile the floor witness had bad been told that his life was in danger because he was a witness in the case he had bad heard of davis inquiring for him and davis had also asked what kind of tobacco witness used utah dec 20 lu iu the W E davis murder case today H 0 jacobs was waa recalled to mr zane the witness stated that he did not think the killing was a case of justifiable homi homicide olde but this was stricken out on motion of the defense james nells testified in relation to the wounds found on brock that one was at the back of the head and the other on the right side rather to the back he saw no other wounds this contro verts the theory that brook brock was riding toward davis with the intention of riding him down or braining him with the chain bob hobbles blest when the shots were fired deputy marshal marshai W li goodsell testified that mr davis had told him that he did not go down to the cabin from the hill bill until he saw brook brock haa left as he so sa there were three of them there and he was afraid they would be too many for him also that the reason he be killed brook was because he thought if brock got past him and got to the cabin he would get a long range rifle and kill him edward W thompson jr had ex with a 45 colts revolver and he was certain that dusel and miller had not bee i shot at distances greater than four feet from the muzzle judging fudging by the powder marks and providing they had bad been bot with a colts 45 caliber revolver J H maller mailer testified that davis da vis had told him that grant had a thirty two gun at the time of the shooting |