The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-02

u. w. ZANE replied that Such teStl
mOny was only admi sable when Their,
was conhic, SIS to who was the aSsaii-
ant. In thi case, so far, there was NJ
such conflict, and the evidence VIZ.
| therefore not admissible st this time.
| The Court decided to allow tia
evidence to stand until it should bS
developed by other testimony, whether
| or not the defendant was the ASA .lant
If no evidence should be introduced
tending to show that Hughes was the
ageressor. the testimony would be
stricken out.
N. 5. WHITE
testified that he lived at Park City; saw
James Moffatt there on the evening OF
August LIST; he was under the influence
of liquor; have known the defendant
for about year; his reputation is good.
E. n. ALLISON,
Sheriff OF Summit County, was the next
witness. He testified that he was in
Park City on the afternoon of August
1st; saw Ed. Shears short time before
the shooting; he was under the in
fuence of liquor.
MIKE SALMON
testified that he lived in Park City; saw
Ed. Shears there on Angus LIST, he was
under the influence OF liquor.
DISCRIMINATION saw Shears
unul that day; am not certain whether
his actions were natural, or were SUI
perin0uced by liquor.
OLIVER LOCKHART
testified that he lived at Park City; was
assessor and collector of summit
County; am acquainted with Ell. Shears;
saw bin IN ne afternoon OF August
1st; he was somewhat under the in
fuence of liquor.
FRANK NJ 'LAUGHLIN
testified that he had lived at Park City
for a number OF years, and known
Hughes for long time; had known
Mulloy for about year; was IN Cupii
IL Brennan's saloon on August 1st; saw
Hughes and MuliOy there, and heard
the former call Mulloy a lying s. of
a b., and at the same time strike
the counter; saw Motfatt and
talked with him; he was under
the influence of liq or; left the saloon
and went up the street with Cupit; in
few minutes heard the report of pis-
tol, and upon returning saw Moffatt,
who was saying 'hang the s. of b."
Cross xaminatiOn-WaS not drunk
at the time; was subpGGaed yesterday,
did not tell any BODY that ne heard
Hughes call Mulloy lying s. OF t.
before being subp@naed; never told any
one about it until short time before
coming on the witness stand; had no.
received any money and did not expect
to get any; paid his own expenses; am
not under the influence of liquor now !;
nave only taken two drinks.
ALFRED C. REESE
testified that he had resided at Park
City for about three years; first saw the
defendant on August LIST; was &C
Quainted with Joseph Hughes; saw him
q few minutes after he was shot in Cupit
L. Brennen's saloon; saw Cupit take a
bull cog revolver from Hughes hip
pocket.
Observation-Disclosures saw the
pistol when the physician raised
Hughes up to give him a drink of
whisky; Cupit also took handkerchief
out of Hughes pocket; did not examine
the pistol clos ly.
Rsdirect-Would not swear that l
saw the handkerchief in the pocket.
J.B HARTFORD
testified that he reported the evidence
in this case st the examination before
Commissioner Norrell; rem emb ared
t.anscribing the evidence of DR.. Le-
Compile; the transcription was correct.
NEAL MULLoT,
the defendant, then took the stand. He
testified: / am 80 years of age; was
born in Ireland; l came to Titan six
years ago next fall; am I'M
married and have no relatives in
this country, except some cousins
IN Peunsylvan a; l am a miner !;
and have followed that business ever
since coming to the country. l first
worked in the coal mines in Pennsvl-
vauia; went from the 10 Vancouvers,
Island from there went to San Fran
cisco, where l worked as waiter; then
worked at mines in Bodie and Can
dideria, and then went to Idaho, where
| stayed for one summer; then went
to Park City, and after working IN
mines there for some time, l went to
work in the coal mines at Grass Greek !;
from there went to Frisco, got loaded,
and came to this city. After getting
well, went to Idaho again, aud finally
went back to Park City. l did not be-
Will
Hughes until a yearago last December,
when we were working at the Ontario
mine. never had any difficulty with
him prior to August 1st, and had no
i'll will towards him. l did not
know BLACK Jack" Murphy, and
was not in Park City at the time he was
lynched. On the 1st of August last, l
was in Park City, and was going around
FROM one place to another. l took
some interest in the election, and was
drinking considerably; drank at Pete
Holland's saloon, where | once tended
bar, and went to Cupit & Breanan's
saloon, where / shook Brennan for the
drinks; then went to the polls, got
both tickets, and voted. After this MIR.
Newell asked me to go down to Cupit
& Brennan's saloon, and we went
down; this was about O'Clock in the
afternoon; Motfatt was in the
saloon both times when l went
there; the first time, some heated
words passed between US. L made
some remark about Mclaughlin,
and Moffett said, "Oh, take ride out,
pardner." He afterwards apologized,
and we took a drink. On my second
visit to the saloon. some one said,
\ n