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Show month in the ronitentiary on a charge Int!.p c:. c? Kahn Bros. xJ.;F. P'Uif. p ' itl.; I'enmrrer to euioiided oroijoiut wi-iinel. Ten days siveo to iiui"'.;.1. Dr. J. V". Collins of Provo wrs the first witness Monday morning in tho Enoch Davis murder ease. Ho told about the finding of her body in the hole about fKt06u fent from the house; about the deadly wounds in the head, into which thecy Under of Davis's .revolver fitted, "and about tho blood on that weapon; told about the blood on the floor, and or. the bedding; about red ink being spilled around, and how some scrubbing had been done at the floor. A gnnny sack was brought in at the time of the inqaest. It contained a gentleman's vest, apparently mads of the same material as defendant's coat, a pillow-slip, a sheet, a riding-habit, aud othtr articles of woman's apparal. The vest, sheet and pillow-slip had j blood on them. A trunk was unpacked; j one slice with a stocking in was found t the bottom of the trunk that whs a similar stocking to the one found in the gnnny sack; theio were other . articles of woman's apparel and two pairs of shoes, inclading the one with the Gtock-tng Gtock-tng in. Theodore Davis, son of the accused, said the family had been In Vernal about two weeks when the murder occurred; oc-curred; father and mother "quarreled on June oth. and had quarreled a few days before; at that time father threatened threat-ened to mash her head with a chair if she came into the house; he had put her out. One morning went to the housemother house-mother was not there. Father nud mother had gone out in the night. Father raked up the yard Monday morn- Tha .District Court-In Court-In First District Co art at Provo Thurs-l".1;;i Thurs-l".1;;i Blackburn instructed the jury in !h" Al!swrta incest case, and nf'ur i e'-i; nut several honrs they repot! re-pot! d til impos-ability of agreement End were di-chanxed. Tue esse against Edward F.arll and Ecnry Alexander, selling liquor to Indians at Vernal, Uintah county, collapsed as to Alexander, but Earll was convicted A motion for stay of proceedings and new trial were made. The accounts of J. W. Phillips, United States Commissioner, were allowed. The W. E. Davis application for trial was put over from the 22nd to the 20th. The ease of the people vs. Enoch Davis, indicted for murder was next called. W. H. King asked for a continuance; contin-uance; he had been asked to take the case, and w juld do so if he could get a little time to become acquainted with it, but could not otherwise. The continuance con-tinuance was not granted, and Warner and Kenward weie appointed connsol for the defendant. The defendant ia charged with killing kill-ing his wife in Vernal, Uintah county, on the 6th day of June, by striking her over the head with a pistol. After the killing he boried her in the yard in a potato pit, and npon being asked the following day by the children where their mother was, replied that she had gone away. He also told some of them that she was dead; bat afterwards told them he had said that to hear what they would say The children told around town that their mother had disappeared, and an investigation was set on foot which resulted in finding the body in the potato pit on the 8ih. Davis had in the meantime escaped and was captured Ing, and the Takings were found afterwards after-wards in the potato hole on the body. That day weat to see brother Williaam father and brother fierlden came over later. Father called me to one side and said mother was dead and he had bnried her; that people thought she had gone away, and a:ted me to write to him, imitating her handwriting, and all wonld blow over irr a little while. He asked me to say nothing; because if it was found out he would hang between heaven and e.trtb. He told me she had taken poison, and asked Him to give her a decent buri il, which he had- dons. That evening noticed father had been drinking; eoinpluStad of his eyes and wanted me to sleep in the house. On Tuesday uiornioj. T saw the pota.to.hole hud beta, filled .up, and suspected that if mother Lad died father had buried her in that hole. That morning first 'noticed the bloody blanket?.- and went and saw Sheriff-Pope. On going home father asked me, "What do you know?" I told him I had sworn out a warrant and the Sheriff would be after him. He said mother vms no more dead than he was, and said he would go and get her. He mounted a horsa and started toword Green River. I then went to Sheriff Pope uLd told him I euessed there was nothinir to the killing, and he agreed. Rut still on going home I fait that mother must be in that hole, and I began be-gan to dig there. On getting down about two feet I fuund the body. Then I notified the sheriff. On cross-examination ho said that the quarrel on Sunday was about s'omo money his mother bad lost and she acenstd his father of taking it. On the previous quarrel, when he threatened threat-ened to mash her head, he appeared to be jealous, complaiuing of her actions in leaving the house at different- hours. no.ir Fort Dnchesne. A special venire was issued for twenty jurors made returnable on the 22ndf when the case will e tried. In the Enoch Davis wife-mnrder case in First District Court at Provo Saturday Satur-day the jury was obtained by 3 o'clock p.m. The indictment was read charging charg-ing murder committed by killing Louisa Davie on the 6th day of June, 18S2, la Uintah county, through striking strik-ing her on the head with a revolver, which caused instant death. : Mr. Zane made a statement of the case for the prosecution. The prosecu-i tion would show that the defendant had married the deceased about twenty-t wo years ago, and that they had a large family of children Divii had on several sev-eral cccassions threatened to kill his wife. On the night of the oth of June, which was Sunday, the deceased had gone to bed in her house. Davis was sleeping on the floor with .two of the boys; there vcre two children sleeping sleep-ing with Mrs. Davis in the bod. About 9 o'clock Archie Davis and his brother came homo from a meeting and went to bed on the floor, 8oma time daring the night Louisa Davis was killed bv being struck on the head with a revolver which w as iu the room at the time and which was afterwards found with blood on it. On the morning ef the 6th a blanket was found tacked down in front of the bed, and when it was removed re-moved blood was found nnder it, and the rags with which the blood had been partly removed were found under the house. Davis had told two of the children chil-dren that their mother had got np and goe away; and on that Monday morning morn-ing Davis raked up his yard and threw all the refuse into a potato pit which had been cleaned out by the defendant nn the Sitnrdav before After that Davis went to A-hley and drank until he was under the influence of liquor; wh-.-n he came home he told his boy (Eerlden Davis) that his mother nad takeu poison the night before, and that he (Davis) bad tiuried her in a pasture. BerHen Davis told his brother Theo dore; Theodore went to Ashley to tell his oldest brother William. As they were coming towards home, before Theodore had a chance to tell what his father had said, thsy met their father and Berlden. The father again told the hoys that their mother was dead; bnt that they must write letters Imitating her handwriting so that people would think ehe had gone away; because if people should find out that she was gone, he (Davis) wonld hang for it. On the 7th Theodore swore out a complaint against his father, believing that his father had not told the truth; he told his father what he had done, aud his father then said he wonld go after his mother, to show that everything was all right. The boy Theodore believed for a time that his father would come back with his mother, and told the officers offi-cers so; hut on the Sth something caused him to dig in the potato pit and there ot the day and night. Batten Davis swore to sleopitig with his brother in tlie corral on Sunday night; in the morning his father told them their mother had gone off .boat midnight with a bundle. He toll about his father hiking up the yard and putting put-ting the debris iu an empty potato pit. Monday morning his father told him he and his mother had gone to Carter's pasture, four tuiles away, where she had taken poison and he had buried her Witness told his brother Theodore this. He corroborated his brother on other points. On cross-examination he told his father he was a fool if he lived with his mother again, this' because of things his mother told him. He also told his father that his mother had tried to get Dudley to take her trunk secretly to Park CUy. On redirect he said he knew his mother thought of going bs her son Heber in Heber- City. Archie Davis, son of the defendant, aged 14, was very much affected while testifying. On the Sunday evening before his mother was killed in the night, he had come home and found his motherjin bed, and his father asleep on I (Continned on page 8.) ' trie CiOiiy or uib uuioriuuaio nuuiuu was ft.ur d. A gnnny sack was found in the yard containing Davis's vest with streaks of J blood on it, also some of tho Ltd clothing besmeared with blood; one cf her shoes was in this sack and another an-other i-hoe was fonnd in a trunk. Davis was captured near Fort Duchesne and gave himself np. One of Davis' little children would testify that she had seen her father take the blood-stained pillowslips pillow-slips and sheet from the bed and put it into the gunny sack in which it was found. No testimony.was introduced as tho counsel for defense was absent. The case against J. H. VVitbeck was continued for the term. L. M. Smith was sentenced to one ' The District Court- c (Contiued trora first page the floor, with two of his brothers and one of the twins. His mother had asked him to bring the baby from his father's bed to ber bed, and be had done so and gone to bed in another corner of the house. When the boy woke up in the morning his father was in bed; his mother was not there. He heard no noise in the night. In the morning he had asked where his mother was and his father bad told him that she had gone. off. Ho saw a blanket lu front of the bed on Monday morning; he had never seen it before. His father told him to sweep np the house, bnt not take the blanket np. Charles Davis, aged 12, corroborated the previous witness. On orofls-evami-nation, he said when his father aud mother quarreled his father would always al-ways try to avoid the quarrel. Charles T. Atwood testified to finding the sack with the clothing in it under a barrel at the northeast coiner of the honso. John G. Davis, the coroner who held tho inquest over the body of Louisa Davis, testified to facts connected with the inquest. Mrs. Nancy Haws saw the clothing; identified a set of false teeth as Mrs. Davis's. Way Davis, a six-year-old daughter of defendant, slept in the bed with her mother that night; heard no noise; her ' aunt told her not to go against her father. ; Thorns" Green testified to arresting Davis about a mile and a half from the Uintah Agency. Davis eame out with arms up and gave himself tip. Davis told Jones, who had a warrant, that he did not need to read it, 89 he knew what he was wanted for. Sheriff Pope told how Mrs. Davis feared her husband, and that she had come to him In the nightsome days before the killing and asked to have her husband arrested. Deputy Sheriff Kempton said while he hid Davis in custody he starten in several times to tell about the killing, bnt had changed his mind each time and said if they wanted to know anything any-thing they wonld have to prove it, The jail was guarded to keep the people from lynching Davis. Prosecution rested. Iu the Davis trial at Provo Tuesday M. M. Warner made a statement for the defense. A number of witnesses were called and testified for the defense, When the testimony was all ia Mr. Zane argued the case for the prosecution and was followed by Mr. Kenward for the defense, The trial lasted till court adjourned, and will be resumed Wednesday. Wed-nesday. . In the First District Court at Provo yesterday, Mr. Warner, counsel for Davis, made a long plea for the defense. He spoke of Davis's poverty and friendliness, friend-liness, which required the court to appoint counsel for him. He Insisted that the jury could not bring in a verdict ver-dict of mnrder in the first degree, unless un-less premeditation and malice aforethought afore-thought were 6hown. Dr. Collios's testimony was denounced as coming from corrupt motives, and this was the only conflicting testimony la the case. He reviewed the evidence at length, and maintained that tthe wounds on the head of the deceased could not have been made had she been lying in bed; she must have been Btanding np, as de-fendent de-fendent said she was when the blow was struck. Ho closed with a strong appeal for justice, that should not yield to public clamor nor biased appeals ap-peals for conviction. Assistant Tnlted Stales attorney Zane made the closing argument, going over the evidence thoroughly, and pointing ont the enormity of the offense. Judge Blackburn instructed the jury, which retired, and after being out an hour and three quarters, brought in a verdict of guilty of murder In the first degree. Peoplo vs. Mike Russell, forging n draft for $3500 in July last, on George j Arthur kice, of Eureka. The fact of I forged diaft was proved, and it was I claimed defendant got a boy to write I the endorsement on it. This defendant 1 denied, and claimed he didn't demand j or get any money on the draft. |
