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The Evening dispatch. (Provo, City, Utah) 1891-1895, September 25, 1894, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn86091038/1894-09-25/ed-1/seq-1/

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THE EVE N I N G vs it I Service LEAYE ast liar 3 4 DISPATCH I 1 s
L I
PROVO CITY UTAH TUESDAY 5 lest TEMBER 25 1884
No 254ol 3 past PRICE FIVE CENTS A COPY
9
ci
II a
SUCCESSOR TO
Provo Lmnbor Mannfacturin MM Co o
Wholesale and Retail Dealer in
LUMBER DOORS WINDOWS BLINDS AND
MOULDINGS
RUSTIC SIDING TONGUED Rs GROOVED FLOR
ING LATH SHINGLES PAINTS ds BUILDERS MA
TERIALS HARDWARE UTAH VALLEY IRON PAINT
LUMBER SAWED AND DRESSED TO ORDER
SCROLL SAWING AND TURNING DONE
COMBINATION WIRE AND SLAT FENCE
We are the only House in town Carrying the
UTAH VALLEY IRON PAINT
i
A CAR LOAD OF FRUIT BOXES CIEA p >
A 0 C S1lfoorp 5 Jr e
Manager
Office and Yard opposite R R Depot
P 0 Box No 79 Telephone No 20
HOWE I TAFT i
Wholesale Grocerss
The Merchants of Southern Utah
Especially those of Utah Co win find it to
theirAdvantage to Trade with
HOWE 1t TAFT
WHOLESALE GROCERS Prvo Utah
THE DAVIS GASE
I
The Prosecution Rests and I
hr e Defense Begins
STATEMENT OF THE CASE
Br Mr Davias Attorney It Throws An
other Light on the Tragedy Altogether
Other Business Done in Court A 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 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 wit
ness called Saw Davis and Grant a
few days after the killing They were
on their way to Aba to give 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 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 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 Cham
plain wore Brocks boots and Muellers
shoes at the former trial They 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 un
I til the December following the former
trialProsecution rested and court 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 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 coron
ers inquest nat to worry as Mr Davis
would meet with no trouble as the 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 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 fre
quently They lived nearby in a 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 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 be
ween 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 ex
citement of the moment concluded that
he had missed Brock as he saw Brock
coming at him again although stoop
ing r ver an I Davis shot again the ball
entering the head It of course 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 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 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 re
turned it and with a smile tne 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 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 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 mor
row
NEW PA8EB FILED
By Thurman Wedgwood 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 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 draw
ing a pistol on her and threatening to
kill her
By Thurman Wedgwood attor
neys for plaintiff L Johnson It Co
vs Tootle Hosea Co Suit asking fir
decree adjudging the rights of 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 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 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 cal
endar and set for heat ing October 9th
Eeven persons were naturalized
A FA aft 1 d KSA3 f of Hoods SarA
t °
A
saparilla guarantees a complete
cure It is an honest medicine honest
ly advertised and it honestly CURES
NOTICE
The usual monthly meeting of the
W S A will be held in the vestry of
the meeting liouse on Friday Septem
ber 28 h at 2 p m Program will bo
furnished by the ladies of the Fourth
ward
A full attendance is requested aa
business of importance is to be trans
acted
MRS JANEB SYNDER
President
It May Do As Much for You
Mr Fred Miller of Irvine Ill writes
that he had a severe Kidney trouble
for many years with severe paius in
his back and also that his bladder was
aflected He tried many EO called
Kidney cures but without any good
result About a year ago he began the
me of Electric Bitters and found
relief at once Electric Bitters is
especially aria ted to cure all Kidney
and Liver troubles and often gives al
mcst instant relief One trial will
prove our statement Price only 900
at Smoot Drug Co
1 ptar
Highest of all in Lea Cg Power Latent US Govt Report
t 3 6
py J
r
t 4 6 K d
B 0fLWa FLW PV E l
J
FIRST TRANSATLANTIC STEAMER
She Wa an American Vessel Using Both
Sails and Steam
The first steamer to cross the Atlantic
was an American vessel called the Sa
vannah She was a steamship and used
both sails and steam and was built by
Crocker Fickett at Corlears Hook in
New York city The present belief is
that she was built by a party of capital
ists who intended to sell her to some i
foreign monarch She was commanded
by Captain Moses Rogers and was a
ship rigged vessel of nearly 400 tons
She had a horizontal engine which was
placed between her decks and her boil
ers were in the lower hold
It is generally admitted that the Sa
vannah sailed from New York in 1819
going to Savannah her namesake in
seven days four ui which she used
steam There she was chartered by the
city corporation to go to Charleston to
take President Monroe who was then
traveling through the states on a pleas
ure excursion He failed to accept the
invitation find the boat returned to Sa
vannah After remaining at this port
for some days and taking out parties
of curiosity as well os pleasure seekers
the Savannah sailed for Liverpool
reaching it after r voyage of 18 days
seven of which wore made under steam
The arrival of the strange looking ves
sel with huge cloud of smoke ascend
ing from her decks and obscuring her rig
ging caused quite a commotion when
she enters St Georges channel off
the city of fork and the commander of
the British manofwar lying in the
harbor thought she was a vessel in dis
tress and sent two cutters to board her
Everything found all right however
the Savannah was allowed to proceoft
oil her way and thousands of people
greeted her as she steamed up the Mer
sey to Liverpool with the American
flag flying at her head Tho Savannah
then made a trip to Copenhagen Cron
stadt and St Petersburg and then re
turned to this country where she was
relieved of her steam apparatus und
for many years ran as a packet between
New York and Savannah finally going
ashore and breaking up on Long Island
The Savannah was of course a side
wheeler and as itwas impossible to
carry a sufficient supply of fuel in her
to keep up steam on a long voyage her
wheels were removed during good sail
Ing weather and canvas substituted
Tho king of Sweden wanted to buy the
boat when it was abroad but the deal
went through Now those are the facts
about the first steamship that ever cross
ed the Atlantio ocean Washington
Star
HOW TO STUDY PROPERLY
Books Should Be Well Chosen and Bei d
Carefully Not Devoured
Study is like a dinner The viands
must bo well chosen and eaten slowly
not devoured then well turned over in
the mental stomach for awhile until
with ease and comfort they are perfect
ly digested and furnish nutriment to
ho brain Most students study without
thought which is like eating without
digesting Others read merely as a fad
and soon forget all they may have
learned
The most satisfactory method of study
fs the digestive It is tho thorough ono
= tho ono that gives strength to the
brain Take tho subject you are study
jug Read a few lines or a few pages
as the caso may be then put the book
down and think on what you have read
Turn it about in your mind from every
standpoint Do not accept it immediate
ly Argue for and against it in your
mind In other words masticate it
you need not be at your leisure to dp
his Do it in your walks in your idle
moments at any time When you kayo
satisfied yourself on the subject go on
with a little more In the same way In
a short time you will find yourself
more a thorough student than if you
lad read all at a sitting The best edu
cated man in the end is tho man who
learns slowly but surely New York
Advertiser
ucrol I
Lycomlngs Jught ug Bee JV
FairPlayLIl the ie of Pc given
to a part of Jjr tue Connections 1 Pa
now densely P service u on v jo furnisLith
prosperous tctniu this coucn m any q o
juut > but m grade and
<
prietary goJuntr Q
11S otherwise
all
othcrw1Seiney to us
mey LU
protecting taunt bvdomuit Tbose mtere
had forbic cording to IJraV
The said actio to call and t
ment of tc tree or this could for sample
ed and atatu mortgage attention
dCgft bptattention
peers found them 7ara eur15tcP
den territory and being bntsido tho im
mediate jurisdiction of any properly
constituted tribunal they chose three of
their number to settle disputes and call
ed them fair play men Tho decisions
of this tribunal especialy as to bound
aries were enforced by tho whole com
munity and came in timo even to be re
spected by the courts When a chief
justice of Pennsylvania asked one of the
first pioneers what were the features of
the fair play code the pioneer is re
ported to have answered J that since his
honors court had found its way Into
tho region fair play had fled and law
had taken its place Philadelphia
Press
A Paradox of Clvlization
One of tho paradoxes of modern civ
ilization says tho New York Telegram
is shown forth in the fact the defense of
New York harbor is deemed as impor
tant as its improvement While the gov
ernment with one hand is removing ob
structions with tho other it is obliged to
erect thorn Hero is a nugget for the
next peaco congress
Or Prices Creak = ngfAwflet l
ffif M f f
i 1
I I i
Ii I
I
SENATOR VANCE MET int I tauu 1
But tho Reporter Failed to Get a Big
Scoop All tho Same
I once had an experience said an
old newspaper man at the Press club to
a reporter with the late Senator
Vance which I shall never forget It wa
during Crisps first contest for the speak
ership and as you all probably remem
ber every newspaper man in town was
hustling for inside news The sources
of this as usual in such cases were very
few and Senator Vanco who was act
ing in the capacity of an advisor to the
nominating caucus had to spend most
of his time dodging journalists
So wary did he become that ho dis
continued taking his lunch in the senate
restaurant and had it served in a com
mittee room One day however I
caught a glimpse of him passing through
one of the lower corridors on the houso
side Determined not to let him escape
me I at once hastened forward and in
the most innocent manner possible be
gan asking him about his health which
was rather bad at the time He answer
ed all my questions in the kindest
manner possible and was about to leavo
hen I said
I Oh by the way senator who do
you think will get tho nomination
I dont know exactly he replied
but they will have to fight if they want
to win
Certain new of my information I
began to sea tho letter I was going to re
ceive from tho home office after they
had published my big scoop telling me
in the most flattering terms that the
paper had decided to raiso my salary on
account of my good work
Which side senator I asked al
most in a whisper for fear some one
would be lurking in the dark recesses
and hear the reply which was to make
mo the most noted hustler for news in
tho ranks of journalism
I Both sides lie replied as he disap
peared in the door of a committee room
And the letter that I looked for
never came Washington Times
Btickleiis Arnica Salve
THE BEST SAL VK in the world for
Cuts Bruises Sores Ulcers Salt
Rheum Fever Sores Tetter Chapped
Hands Chilblains Corns and all Skin
Eruptions and positively cures Piles
or no pay required It 13 guaranteed
to give perfect satisfaction or money
refunded Price 25 cents per box
FOR SALE BY Smoot Drug fo
Farmers Attention
Money loaned on irrigated farms at
10 per cent per annum Write or ap
ply personally to
SAMUEL COBNABT
Spanish Fork Utah
Democrats Attention I
Primaries will be held in Provo =
Thursday evening September 27 3894
at 7iD p m for the election of dele
gates to the county convention to be
held in the county courthouse at Provo
October 1st 1894 and for transacting
such other business as may come be
fore the meeting The apportionment
for delegates is as follows
First ward 8 Second ward 7 Third
ward 10 Fourth ward 7 Fifth ward 12
The primaries will he held at the following
lowing places Firs ward Webster
schoolhouse i Second ward county
courthouse Third ward Franklin
schoolhouse large room upstairs
fourth ward Parker schoolhouse west
ream i Fith ward Parker schoolnouse
north room
It is earnestly requested that every
democrat attend the meeting in his
ward that the feelings and sentiments
of the peple may be fully represented
in the county convention
SAN A KING
Chairman
T N TAYLOR
Secretary
a
k
1T L DOE
Brings comfort and improvement ana
tends to personal eij yment when
rightly used The many who live be
tor than others and enjoy life more with
less expenditure by more promptly
adapting the worlJs best products tr
the needs of physical being will attest
the value to health of the pure liqui 1
laxative principles embraced in th
remedy Syrup of Figs
Its excellence is due to ito presenting
in the form most acceptable and pleas
ant to the taste the refreshing and truly
beneficial properties of a perfect lax
ative i effectually cleansing the system
dispelling colds headaches and fevers
aim permanently curing constipation
It has given satisfaction to millions and
met vith the approval of the medical
profession because it acts on the Kid
neys Liver and Bowels without weak
ening them and it is perfectly free from
every objectionable substance
Syrup of Figs is for sale by all drug
gists in 50c and 1 bottles but it is man
ufactured by tho California Fig Syrup
Co only whose name is printed on everj
package alco the name Syrup r f Figfc >
and being wall infonaS you wSQ sot
1 4ci 5 a Q1r m c J l e u 3
<
i
pOl r NeT Line 0IP3II 1 F 11 Dress S GOODS G
CO TO
I I EGGERTSE tD Il S
For Staple Dry Goods linings
and Notions go to
EGGERTSENS
FOR C RSHS UND BIi HOSIERY Etc
aOTO
EGGERTSENS
Fm SHOES SHOES SHOES
New Stock just Arrived Go to
E g ge rts ens
To pend your money and Get
Value Received Go to
Egg e r t s ens
Complete Stack Of GOOD GOODS
co TO
Eartsen a s
ANDREW EGGERTSEN Ag ra
234 West Center Street
Provo
Provo City Lumber Co
w J ROSS Mgr
WHOLESALE AND RETAIL DEALERS IN
NO 1 RED CEDAR SHINGLES LUMBER LATH
MOULDINGS SASH and DOORS PLASTER LIME
HAIR AND ALL KINDS OF BUILDING MATERIAL
SQUARE DEALINGS OUR MOTTO
Hard Times Prices
All Orders delivered by team to Springville Spanish Fork
and Lake Shore when required
Telephone No 31 P O Box 23 Provo City
FurniturEI
Carpets
WallPaper
Pianos and Organs
Universal Stoves and Ranges
Crockery and lamps
at YLORBROS CO
PAINTING SIGNWRlTI N GI
PAPER HANGING
AND
DECORATIVE CORK
Having lately returned from the South I am resuming
Business in Provo
Shops in the Rear of Excelsior Pharmacy
All Work Well Promptly Done
Henry J lIaiben
k

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