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Show A JURY SECURED And the Trial of Davenport For Murder BEGUN TODAY IN COURT. Practically the Case for the Prosecution - Ia Told by the First Witness and The Defense is Indicated by His Cross -Examination. The task of getting a jury in the Davenport murder esse was renewed again this morning. At 11 o'clock the panel was filled with men acceptable to both sides. Altera statement of the case for the prosecution by S. It. Thurman, Robert Robinson testified: Run a saloon at Moab; knew John Woods one day before he was killed ; was acquainted with Davenport about sii weeks before the homicide; saw them together on the 8th of January ; they appeared friendly; took drinks together; to-gether; were accompanied by McLeod; on the evening of the 9th, saw them strueglingin a clinch in my saloon; when they broke away Davenport left the room; each was in his shirt sleeves, Davenport having pulled his coat after the row began; defendant was not armed, at least no arms were visible; Woods at that time wa3 bo drunk he could not wa'k straight; Davenport was sober; when Davenport returned he took a seat on a bench and Woods started for him: Dayenport eaid: "Keep him away, I don't want to hurt him;" a revolver appeared to protrude from his pocket at that time; defendant defend-ant then went out a second time and returned; Woods said: "How do you do, Charley?"; Davenport would not speak but consented to take a drink after which he walked toward the ."toye; soon after a shot was tired and , jben I looked I saw Davenport with a .volver in his hand and he raised it and fired a second shot; the revolyer was snapped for the third shot when Woods fell dead. Davenport then said: "If any one else wants any of it I am ready." At the time tl e second Bhot was fired Woods was in a retreating attitude with his left arm up in a guarding position, po-sition, and he spoke not a word. Woods would weigh about 165 pounds, be was not as tall a man as Davenport, Daven-port, but heavier. At the second shot Woods groaned, and must have died as he struck the floor. Tftere wa a scratch that looked as if it might have been made by a knife upon Woods' cheek. Davenport had had a knife before the scuffle. On cross-examination by Mr. Wilson it was developed that Woods had used some oaths againBt Davenport, and said he would break his G d neck for stealing from McLeod. Woods before the encounter handed the bar keeper $10.00 and a coat, telling him to keep it, and'if he was killed let the money go toward paying the funeral expenses. Woods was shown by this witness to be dangerous, he (Robinson) kept a loaded gun in a handy place, in case Woods became uncontrollable. |