Show i THE E DAVIS CASEJ I I The Second Trial Has Begun At Last CONTEMPT PROCEEDINGS Brought tor J W N Whitecotton for Mrs 1 Ida Smoot Dusenberry Did not Stick Demurrer Overruled the Utah Lake Case Other Orders At 10 oclock this morning Judge A JP irin the bench of the First District upon the democratic pi < sand often delayed lecca o L republican maladminibu Jua It u I was intended that Judge Howat would < prosecute it but he having gotten burton burt-on Saturday the duty falls to the prosecuting pros-ecuting attorney himself His assistant assist-ant Mr Thurman cannot appear for the peoole in the case as at the former trial he was one of the attorneys lor the defense i Arthur Brown of the attorneys for the defense in this trial asked permission per-mission of the court to change the plea of not guilty to a plea of a former acquittal ac-quittal on the charge of murder and second and nut murder in the degree I guilty to the charge of manslaughter This was granted It was unnecessary however as Judge Judd announced that the trial would proceed on the charge of manslaughter only An hours time of the court was here taken up in hearing demurrer and making mak-ing orders reported below and at 1130 twelve men were called to the jury box to be examined aa to their qualifications to sit as jurors to try the case of the People vs W E Davis accused of manslaughter for the killing of Charles Brock and two others at Westwater on August 24 1812 The twelve jurors selected to try this case are Geo A Black of Deseret Edcil Cazier of Wellington Jerry Cluff of Provo Wm Pmbert of Holden Wm C Robins of Santaquin < jeo Bishop of Smithyille Edward Bennett of Santaquin John Peterson of Heber G L Ross of Joe Town John C Snow of Provo G W Cropper of Deseret Lorenzo Wilkins of Provo The public generally will remember this case That Captain Davis was tried before Judge Blackburn early in 1893 < and convicted of voluntary man Ift l u btegl aA4 that neW frjpl i l Win 9 granted This is the new trial Arthur Brown and George Sutherland Suther-land represent the defense and Judge Judd represents the people AFTERNOON Court opened with a statement of the peoples side of the Davis case by Judge Judd which was in effect Davis moved to Westwater in 1891 he employed Brock Drussel and Mellor WhO lived in a cabin near Davis These men left Davis employ on August Au-gust ill 1892 There was bad blood between Davis and these men On the night of August 23 1892 Davis and a man named Grant went over to Brocks cabin On the morning ot the 24th they returned and saw Brock leave for some horses Davis went into the cabin and after some controversy controv-ersy with Drussel and Mellor he killed both men After this Davis went away He met Brock and killed him without cause It is for the killing of Brock that Davis is now being tried The indictment was read by Clerk Beasley and HH Jacobs the coroner rile held tIle inquest over the remains I of the three men was called Had been at the Brock cabin the day before the killing and had registered the three men Davis came to him on the 24th ot August and wanted him to hold an inquest on the three men and stated that he Davis had killed them He I went with Davis and found Brocks body on the road Drussel s about six I feet from the cabin and Mellor was in the house still alive A rifle was found in the cabin Witness here repeated from memory Davis testimony before the coronets jury Davis admitted killing all thief men Went to the Brock cabin and told Drussel and Mellor that he bad come to settle their diflerences amicably ami-cably Drussel ordered turn away and came at him with a club Davis shot over his Drussels head to frighten him but he didnt frighten Then Davis killed him Just then a shot from Mellore gun cut a hole through Davis coat He shut the door and reached around with his left hand and shot Mellor Davis and Grant went away and soon met Brock Davis wanted to talk with Brock but Brock refused Davis grabbed his horse and Brock made some motion at him Davis killed Brock in order as he admitted further on in his evidence to prevent him from going and getting a longer range gun and coming back and killing kill-ing him Davis SHORT ORDERS A demurrer to the complaint in the case of Salt Lake City et al vs Joseph H Colledge et al was argued at length and overruled In this case plaintiffs ask for a decree of court fixing a low water mark and granting them the privilege of backing up the waters of Utah lake 3 feet 3 > 6 inches above the present low water mark The case of the People vs Parman assault with a deadly weapon was die ju6s I R AP Ws ajep Abp case qt 1 the AR S S vs Joshua Bennett adultery George A Dusenberry of Provo summoned to appear in court today and show cause why he he should not be considered in contempt on affidavit of his divorced wife to the effect that she is destitute and that he has refused re-fused to pay alimony went before the judge in chambers at 1 ocloez this afternoon Mr Dusenoerry showed to the satisfaction of the court that he has paid in the way of Mixes etc all or more on account of alimony than he had earned since the divorce was granted and that Mrs Dusen berry has the rent of the home and other income to support her Mr Dusenberry was declared not to be in contempt of court J W N White cotton attorney for Mrs Dusenberry moved that George be requested by the court to turn over his watch and chain to his divorced wife to apply on alimony ali-mony but the motion was denied The chief incident that brought on these proceedings was the fact that Mr Du senberry was seen two weeks ago to cash a check It developed in the evidence that the check was not his property but that of his father ANOTHER LADY ATTORNEY Attorneys E AWilson M M Warner and Sam A King who were appointed a committee to examine Mrs Lexia Harris as to her qualifications she being an applicant for admission to practice law before thia court reported re-ported that upon due examination we find Mrs Harris to be a lady of good moral character that she possesses the necessary qualifications of learning and ability and is in every way eligible for admission Mrs Harris was admitted to the bar upon taking the necessary oath She is the second lady admitted to this bar and the third admitted to practice law before the district courts in the territory terri-tory She is a young woman with but one child and has taken a course at Ann Arboi where she graduated with her husband Hiraim Harris Mr Harris was admitted to practice before the supreme court of Michigan The two will locate at Richfield ItfrgHaiiis was a Payeon girl her manebefore marriage being Curtis |