Show THE DAVIS GASE I The Prosecution Rests and I hr e Defense Begins STATEMENT OF THE CASE Br Mr Davias Attorney It Throws Another An-other Light on the Tragedy Altogether Other Business Done in Court A DiVorce Di-vorce GrantedNew Caeca Notea Our report of the Davis trial closed yesterday with Coroner Jacobs first witness for the prosecution on the stand Cross examination of this witness developed thiPvis had told him Jacobs that the reason he DaviE went to Brocks cabin was because be-cause Brock and the other men had stolen Borne honey and other articlt atom him and that he had learned they were going away and he wanted to have a settlement with them before they left Brock wa on horseback when Davis met him Brock had a pair of chain bobbles in one hand Brock rushed the horse at him and struck him on the head and back with the bobbles and then Davis shot at him once Brock came toward him and Davis shot a second time The veruict of the coroners jury was justifiable horn cide Redirect The faces of both Drus sel and Mueller were powder burned The Winchester found in Brocks cabin had a cartridge in that had not been fired Witness had ex mriued the gun and it did no appear to have been fired J H Miller now of Salt Lake but who lived at Cisco pump house at the lime of the shooting was the next witness wit-ness called Saw Davis and Grant a few days after the killing They were on their way to Aba to give themselves them-selves up to the officers Davis to d hm he had had some tiouLlf Dais bald that both he and Grant were armed at the time of the killing Davis lurther said that Brock and his gang had stolen some honey and other articles from his Davis house and that he had gone up to tell them that if they left the country it would be all rilit but it not he wanted a settlement With them James Wells testified that Brock had been shot in the bacit ot the bead Or cross examrnation ha admitted baying signed the coroners ytrdsct exonerating exonerat-ing Davia Testified to haying found some h ney in buckets in a hunk in rocks cabin and alEo some hidden across the riyer Albert Jacobaen testified to having been asked by Davis on the day before the shooting for the loan of a gun Davis said he might need it to go and get gome thieves arrested who had stolen some honey from him W B Champlain testified that the bullet entered Brocks head from behind be-hind In the crossexamination of Wells and Champlain Arthur Brown succeeded in getting testimony out of them to the effect that they knew where Brock had hid the honey and other articles property of Davis across the river and that after the killing they had appropriates the same to their own use paying Mrs Davis for a portion of them Wells aLd Champlain Cham-plain wore Brocks boots and Muellers shoes at the former trial They testified testi-fied to having purchased them at toe sale of the effects of the deceased but afterwards admitted that this Could not be so as the sale did not occur until I un-til the December following the former trialProsecution rested and court adjourned ad-journed I THIS MORNING At 9 oclocr the court was opened I with only the judge the clerk one bal iff a IbW jurors and the newspaper buys present To this audience the aiautes of yesterday were read after WJich a breathing spoil J oi thr quarters quart-ers of an hour was had the adUltery cite against Hyrum White of spring villoeet to be l neud this morning at 9 Ot lock not being ready for trial The Davis cage wa > coulinu d by th def nso pulling upon tile stand tor re truss examination Coroner Jacobs Witness oidat rtiiu mb < r telling Mrs Davis en the evening after the coroners coron-ers inquest nat to worry as Mr Davis would meet with no trouble as the killing kill-ing was a clear case 01 justifiable hom cide and that he and lio coroners fury had so testified by thrir verdIct Betjie proceeding with their fide of the case the defense asked that the proecu ion be requested to produce the eye wituessto the tragedy Frank R Grant Judge Judd replied that he did not know where Grant is and if he were here he would not pit him upon the witness staud fur he Judd considered Grant a criminal equal with Davis and not worthy to be believed under oath No order was made to produce Grant and Arthur Brown added one more to his very long list of exceptions Attorney George Sutherland then went before the jury and delivered himself ot a statement of the case for the defense in effect as follows In I860 Captain W E Davis en tsied in the c jVjl war So efficient was nib services tia ho soon roe to tho rank or captain While in that service be received serious wounds in the lip the effect of trch was to make ii dif acult for him to move about rapidly After the war he served in several of I flees among them that of sheriff In al ne made good records In 1870 he c me to Utah and in 1891 move I to lvest cater HO first met Brock in II county 311 at Grand Junction where Hock was incarcerated far cattle stealing steal-ing Davis had been informed that Brock had a ranch that he Davis cUld get cheap An arrangement was made whereby Captain Davis took charge of the ranch with the under p nriinc that he should give it up to Bxck t in case he returned within a certain time Ju the rection of houses etc Davis employed Brock Drussel and Mueller frequently fre-quently They lived nearby in a fortified for-tified cabin Davis frequfntly missed articles of property and as often found them in or near this cabin The day before the tragedy a considerable consid-erable amount of honey was missed and traced to the Brock cabin Brock had two cabins one on a ranch and this one irfcilied against intrusion by any stranger That night Davis and Frank Grant went up to the cabin and secreted themselves While in hiding they overheard a certain conversation that convinced them that Brock and bia gang were not going to leave that night as expected eo Davis and Grant returned Next in irninc bright and early they were on the ground again Brock went away for horses Davis approached and spoke to Drussel Drussel said Davis wanted a racket and he would get it Davis replied that he simply wanted to settle matters amicably if noesib e A quarrel resulted and Drussel advanced on Davis Davis shot over his head to frighten him At that a shot from inside the house cut through David coat Davis killed Drues3l jumped to the ooor pushed it ehut aud reached his left hand bet ween be-t it and the sill and fired killing Mueller who fell with the cocked gun in h B hands it tell across his arm On their return home Davis and Grunt met BrocK Davis as ed Brock to diBiiu unt as he wished to talk to him Brock refused and called Davis some hard nameS He rushed his horse at Davis aDd struck Davis over thH head and back with a par of chain hobbles Davis shot and in the excitement ex-citement of the moment concluded that he had missed Brock as he saw Brock coming at him again although stooping stoop-ing r ver an I Davis shot again the ball entering the head It of course afterwards after-wards develt ped that the cause of Blocks stooping was that he was shot in the groin Tau CJlOnerS jury exonerated Davis but aftur that he gave himself up to the officers of the law being desirous of bamg thoroughly vindicated and desiring de-siring that tere should be no secret ah 11 r the off tit Jt would be proven Mr i Sutherland said that before the homicide Drissel went toMrsDavia and asked for the captains cap-tains pistol saying that he was a bit of a guusnuth and would repair it as he knew it was out of repair lie returned re-turned it and with a smile tne significance signifi-cance of which was not understood hen said eve fixed the pistol Evidentlv when he rushed on Davis with the club he thought Davis had that pistol which was found afterwards after-wards to be so h1 fixed that it would not explode a cartridge One C E Ballet had heard Brock Drussel and Mueller plan for the killing kill-ing of Davie All of this however Davis knew nothing of on the day of the tragedy He had fortunately borrowed the gun he used on that day Testimony for the defense is being offered and wiii be published to morrow mor-row NEW PA8EB FILED By Thurman Wedgwood attorneys attor-neys fo plaintiff Fisher Brewing company vs John E Taylor Co Suit for judgment for 10100t balance of t account and interest By Thurman Wedgwood attorneys attor-neys for plaintiff Catherine Johnson vs Hans Johi son Suit for divorce Parties were intermarried in Provo in December 1873 Complaint alleges that for eight years defendant has been an habitual drunkard and has failed to provide for his wife Not only does he complaint allege thi but also that he has treated her cruelly even to drawing draw-ing a pistol on her and threatening to kill her By Thurman Wedgwood attorneys attor-neys for plaintiff L Johnson It Co vs Tootle Hosea Co Suit asking fir decree adjudging the rights of plaintiffs plain-tiffs in a cenaiu I piece of ground in Uintah county about to be sold under sheriffs sale as the property of Lorenzo Hatch under a judgment obtained azainst Mr Hatch by Tootle Hosea Co t be that of an equitable mortgage mort-gage by reason of payment of 3000 00 die on i t ust deed on May 23 1891 for Mr Hach and wife to the Deseret Savings bank The interest of plaiu tiff in the property is not of record A tmpilJg < order has been issued NOTES I II innate BUSES of Lehi was yesterday yester-day granted decee of divorce from her husband Samur1 I on tbs grounds of desertion The case was heard in cuambeis The case of Payeon City vs n S MttOanne was reinstated upon the calendar cal-endar and set for heat ing October 9th Eeven persons were naturalized |