| Show PROVO LETTER provo december 21 in the W E davis da via murder case judge blackburn today made a ruling striking out cut the testimony of mr halleck offered yesterday afternoon in relation to the threats of killing davis ma le ie by brock and dasel because it was not shown that the threats had bad been communicated to mr davis the defense placed several other witnesses on the stand to prove that the threats had bee i made but as no communication muni cation could be shown the questions were objected to by mr zane and the objections sustained by the court this deprives the defense of one of their strongest po ants provo dec 21 the abe prosecution in ne W E davis case completed their case yesterday afternoon A map of the scene of the tragedy was placed upon the blackboard and mr S B thurmal made the opening statement for the defense it would be shown by the defense he said that three men were killed by davis in self defense these theme three men it would be proved had e entered I 1 info ato a dis diabolical plot to murder davis numerous witnesses would testify to hearing bearing threats made by them to this effect on the tuesday morning prior to the shooting a hie hae of bees a bridle and a lariat bad been missed from davis place they had been traced to the brook brock cabin per for the purpose of a settlement of this affairs affair davis da via went to the brook brock cabin taking with him brock after brock left the cabin for the pasture davis davia went down to have a talk with the two men he found dusel oti talde making a fire but instead of talk to davis in a 8 peaceable manner he curse I 1 davis and struck at him with a club then than was WAG enacted the triple tra degy as told by the wit witness ners frank R grant the first witness for the defense was charles H hallock Halle cb he testified that he had bad heard dusel say aay he would shoot davis da vis the first time he caught him out aso a ao that brock bad said eald I 1 I 1 wait till I 1 Y catch him up at my ranch and ill knock him on the head with a club artie introduction of this testimony was strongly objected to by mr zino zinc and it was only admitted after a long argument mentry by counsel el the following other court business was transacted during the duy E A DAY was sentenced to one months month Is imprisonment and to pay c m ftc ta of prosecution on the charge of adultery julius nielsen a native of denmark and a resident of sevier county was admitted to citizenship alms alma hague vs lewis F bullock et al decree for 2090 with interest taxes and attorneys attorney is fee provo dec 22 in the W E Davis murder case judge hendersn yesterday afternoon asked the court to make a an n order for a deputy marshal a representative from each side of af the case and a physician to be appointed by the court to go to westwater exhume tb the e body of brook brock and have the wound on the head bead examined with a view of ascertaining whether brack bad been shot in the forehead or toward the back of the head witnesses differing in their testimony on this point mr Z no ne objected as aa such a proceed ing would delay the trial the court took the matter under advisement advia ement A little later judge henderson again brought the matter up asking that the case be postponed until friday morning and that the necessary steps be taken for the exhuming of the body and the examination of the skull judge henderson henderdon explained that the defense had been takes by surprise in the matter they had thought there would be no question as to the defendants fend feD ants dantle being shot in the forehead mr zane if anything is done in the matter we dont want any examination 2 we want the skull brought into court the court denied the application judge henderson hendersn then asked that the exhuming might be done at the expense of the defendant judge blackburn was waa willing to grant this but would not permit any delay in the case mr henderson of grand junction brother in law of defendant was wais called and asked if jacobs had told him that athe abe killing was a case of justifiable homicide if if there ever was floh a case 21 objected to and objection aus sus bained enoch gray testified that he be had gone to westwater in the capacity of a deputy hirshal with the defendant while at the brock ranch he had bad found a pair of chain bobbles near where brook brock was said to have been shot he J the hobbles are made of leather and a piece of heavy stay chain A mr fisher fiaher section b gs as was asked it if he had beairl heard the deceased make threats of killing davis As the defense did not expect to show that the threat had been communicated 7 to davies davie the question was objected to and objection sustained as in previous instances witness testified that the wound on brockles head bead was on the fo forehead rehem up in the hair witness was the clerk of the cor coroner onera jury which had returned a verdict of justifiable homicide davis da vis had not dictated the verdict bor had a private conversation with witness as to the verdict the defendant was called and told tha story of the shooting his testimony was practically the same as that of grant before published in the NEWS the three deceased men had all been in his employ mr thurman attorney for the defenses defense asked davis why he be went to brooks cabin objected to by mr zane judge henderson Hende raon stated that chat the defense desired to show that defendant had gone to have a talk about some honey and other things that had bad been stolen from him and which he had traced to Br brocks ranch mr zant zam why they are trying to introduce a petit larceny case into the case the court I 1 don dont donit it care if brock had stolen all of davis davie honey he bad no right V t go there with hostile intent the objection is sustained the defense ex excepted to the remark of the court and also the ruling in relation to the manner of brook bock immediately before the sho tIng mr thurman asked what do you be lieve he intended to do this was objected to by mr zane as calling for a conclusion of the witness it was held by mr thurman that under the present law permitting defendants fend ants in how cases to testify in their own behalf they hid a right to give their opinion as to the intention ot of acce amed immediately prior to his death the court took the matter under ad vi provo dec 23 julge juige blackburn yesterday morning made a ruling in the W E davis davia murder case cage permit ing defendant to testify as to hie hi neliea ioa mediately immediately beare the killing of brock in relation to the intention of that person the defendant there epou testified that he was in danger of his life or great bodily harm davis testified that he had never stated to mr jacobs or any one else that his reason for shooting brock was to prevent him from getting to the house and a long range gun grant did not have any gun at the time of the sho ting this concluded the examination of davis by the attorneys for the defense and he was turned over to the buffat ings ingo of mr zane the cross elamin aaion was very thorough bringing to light among other things a former killing and alleged rape by davis DA vie there appeared to be a divergence of opinion between mr davis and mr grant as to brock leading a horse mr davis da vis testified that he had bad not seen any second horse on this point mr zare zar e asked witness a question which was objected to by mr henderson as assuming something which was not true mr zane io in his vehement manner scored the 0 for the defonte deft hie for their temerity in we asserting erting such euch a thing to the language of zane judge henderson exempted excepted as being unfair and ungentlemanly the court took the view of judge henderson ind and gave mr zane a lecturing which caused his hie face to twist and distort with anger he attempted to interrupt the court but was as quickly shut up aijo go on OB with your questions 12 said the court mr zane if af your honor please I 1 want to be heard board the court no sir air go on with your questions mr zane panr I 1 will not nol the court you wont mr zue zane no sir air not now the court subduing his wrath very well go on when you are ready mr ane it is time to adjourn its 12 the court very well thu tho court will be adjourned till oP mr zanes face was a study he seemed to grow angry until he almost completely lost his self control his face was fairly distorted with rage when court resumed session at his request the reporter read the testimony conc concerning erring which there was a dispute and mr zane was found to be correct ago go ou with the examination of this witness said the court 1 I am ready to go on now replied mr zane after the cople completion tion of the cross ex ml mi nation of mr davis the defense again differed to co prove caged threats by the three deceased persons concerning the life of mr davis overruled and exception token taken t the defense further offered to prove by the wi e of defendant that dusel had borrowed defendants revolver and A filed led J it t so that I 1 it t cou could I 1 d not be used but this was not communicated to defendant fen dant daziL overruled and exception aken in rebuttal harry timmons of american forks fork was called to prove the good character of brock objected to by defense and objection su sustained albert Jacob Jao seu and aad mr wells testified that they had searched for the iron hobbles and had failed to lind find them frank grant was recalled by the defense the objection of mr zane being overruled and the hubbies hobbles were as those used by brook at the time of the homicide this closed the testimony of the case and mr zane commenced his a argument for the prosecution provo dec 24 the arguments of the attorneys in the W E davis murder case were completed yesterday and the case was submitted to the jury this morning mrs davis wife of defendant has ban sat throughout the trial by the side of her husband a patient listener she appears to be a very quiet lady and extremely fond of her husband |
