The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-03

fell up against the barrels behind the
counter; walked right out with my
husband, my little girl following; he
did not say word, hut went ard gave
him self up TO the judge; an examina-
ton was held before Judge Paxton the
same day; another examination YVES
held il this city, at which Maurice
Livingston testified that he found the
pistol on the floor.
To CLABKE-I could not tell you when
the examination was held. but my
husband gave bonds-thas is, he gave
up all he had to Tom Fitch; he re-
manned in Salt Lake two or three Gays,
when he went to Stin king Water
Valley, where he was known as O'Brian;
TIE children also bear that name. but
Keller is their true name; l was very
excited at the time, and do not remem-
Der whether l saw Bsdgerly run be-
hind the bar, but he was there when I
saw him, and he had a gun pointed
at Keller; [ did not tell my
husband to shoot Badgerly; did not
see Livingston at all; there: were sew
eral people in front of the saloon, when
we came out; do not know of my
own knowledge where Badgerly got the
revolver, nor where it went after the
shooting occurred; my husband always
tried to avoid trouble with Badgerly;
our house is about 100 yards from the
saloon, but l could hear all that was
said; put the revolver in my hus-
bands breast before he went away;
there was but one load in it. gave 1t
to him in order that ne might protect
himself against Badgerly. if he met
him; Keller was not in the habit of car
ryirg q revolver, and objected to taking
the gun, but insisted that he should
take it; l did not see BsdgerIy borrow
the gun, but he got it from Mrs. Hick-
man; he told Us he had just borrowed
it for the purpose of killing Keller; l
wes outside when he made the remark.
Mr.. CRITCHLow then offered in evil
dence Book B of the Third District
Court.
H. G. Nc MILAN I CLERK, the court,
was sworn, and testified that ne had
made 3 search for an indictment or a
record of it, but had failed to find his
lame, previous to the late indictment.
Mrs KELLER, recalled-The reputa-
ton of Wade Badgerlysfor peace and
Quietness was not good. | can prove it
by man in Park City.
To Clarke-Haye heard several say
be was a dangerous man. Ny oloest
daughter who is known as Keller. was
81 years of age last May. She did not
adopt the name of O'Brian because she
did not like it.
The defendant himself was then
called and told the following story: My
name is John ID. Keller; am the de-
fendant; my memory is not very good
save on some remarkable points; am
55 years of age and was born in King
ston, n. Y; l was mustered out of
General Connor's command in 1856;
taught school here for couple Of
ears; went to Stockton in 1870 on a
tour knew Wade Badgerly;
&c belonged to the regular army; | to
General Cornor's command met him in
stockton in the spring Of 1871; there
vas bad feeling existing between US
while l was living in Salt Lake; l had
10 particular trouble with him at
stockton, save that was little too &C.
,ommodating: ct times when l loaned
lin my horses he abused them; the
hight previous to the shooting l came
home from the mine; later l ent down
own, where met Badgerly and spoke
o him about insulting my wife; left
he saloon, and when about half way
home bullet whizzed past me, and
alter three shots were fired; heard
say, = You OF b,
borrowed this pistol TO kill you, and
more that night, but next morning |
vent down to the saloon to get
rink before breakfast; at that
House; he came over and grabbed
ne down, beating me in a horrible
manner; ths saloon was clear d in an
instant, and then Eadgerly went be-
hind the bar, where l knew pistol
vas kept; he got the pistol, raised it at
ne and l fired; he threw up his hand
% his chin and fell; surrendered my
'slf to Judge Paxton, and he brought
ne to Salt Lake, where an investigation
vas held before some Judge, and my
pond placed at 81, 900. 1 sold out every
thing had in Stockton, and left in
October or November for Montana; l
taught school for the first year after
arrived there; [ met several parties
from Stockton whit | was in Montana;
they knew me; never at any time have
[ tried or endeavored to avoid arrest:
if they had at any time telegraphed for
me l should have come without an
officer being sent for me l adopted the
name of O'Brian; it was my mothers
name.
To Mr.. CLARKE gave Tom Fitch
all of my property to go On my bond; 1
he was shrewd enough to
know what he was doing; L expected to
forfeit the bond when l left here; l con-
sidered the property amply sufficient to
cover whatever loss Tom Fitch might
have sustained; he prepared the bond
and signed it; do not know what it
contained, but supposed il was all right:
l changed my name because didn't
like it-because / liked O'Brian better
l got several letters from Stockton and
Salt Lake addressed to me in the name
of ohm D. Keller; first went to MIS-
soula county, Montana; l met some
people there by the name of O'Brian,
and told them my mothers name was
O'Brian, and L was afterwards known
as such; my daughter Katie, who is in
was known by the name of
Keller until she married; she is mar
ried; 1 do not know her husbands
name; my wife told me the girl was
to George Cooney; L have COL
responded with Katie; she hid her mar
rage from me, but told her mother that
she had married q man by the
name OF CooneY; il is not true that
K ate is an inmate OF sporting house