The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-03
THE MULL0Y TRIAL.
The Defendant Again on the
Stand.
BEGINNING THE ARGUMENTS
Mr. Marshall UIoees for the Defense
To-day, aud Mr.. Clark for
the Prosecution.

The trial of Neal Mulloy was resumed
in the Third District Court, and the de-
PENDANT was again placed on the stand.
After answering few unimportant
questions put by counsel for defense.
Assistant District Attorney Zane put
the witness through rigid cross-ex-
animation. He testified: While
standing at the bar in Cupit & Bren-
mans saloon, Hughes said I was not
only liar, but a coward and a cur
and told him that he could not run
any bluff on me if it came to a gun
fight. and he asked if l was heeled, and
1 said no, but could soon get heeled.
We continued talking in q loud and
angry manner, and while standing at
the bar, some one put revolver in my
hand. l do not know who gave it to
me. put the pistol in my pocket
without examining it, and did not take
it out until shot Hughes. We started
to go outside, Hughes taxing the lead.
If nothing but gun fight would do
MIN, was his Indian. Some one got
mold of Hughes, and tried to prevent
him flom going out. Don't remember
that any one tried to prevent me from
going out. We went down to
the side door, and started
up stairs. Upon reaching the top
of the platform, Ed. Shears took
noId of me and said, "Mulloy, let's so
back and take drink, Joeis willing to
settle it," I said: We'll, by G., ii he
is willing to settle it, I am" and we
started down the stairs; Hughes was
coming up, and I passed him; Shears
stopped and said: Joe, Mulloy is
willing to settle it; let's go back"
Hughes replied: "No, I'm going out
side to kill the s. of b-;'SsMoffatt
pushed Shears aside. and said: LET
Joe go outside, he is heeled;" Hughes
then went on upstairs, ard l followed;
cannot say what my purpose was; on
reaching the platform, l saw Hughes
not more than sixteen feet from the
door; l passed out quickly, and passed
on the right OF him, keeping the crowd
between us; as l turned, Hughes had
his right hand behind him, and l fired
Immediately; 1 expected to be shot any
minute, the understanding being that
we were going out to have gun Sight;
did not shoot because l had the drop
and wanted to get in my work first; |
became so excited when | saw him
standing there that l did not realize
what ] was going to DO; he did not
make a move from the moment l saw
hlm until l fired, when he jumped
backward toward the Goor, and l fol-
lowed him; don't know what my pur-
pose was; l then walked back and lost
sight of him; | did not see Sweeney
On that day until after the shooting;
| stood there until Bennett came up,
aud remem Der that he asked who had
done the sh0oting, but don't recollect
what reply l made. | started away,
but had only gone a short distance
wien Bennett called me, and l stopped.
don't remember what conversation
followed. The prosecution asked the
witness If he rad not been arrested in
Park City in May last, on the charge OF
being drunk and disorde-ly, and con-
victed.
The defense objected to the question,
and the objection was sustained.
Re-direct-WhenI saw Hughes just
before the shooting, his left side was
urned toward me.
EDWARD cUPIT
vas called. He testified that he resided
in Park City; saw Moffatt and Shears
soon after the shooting. and thought
that they we're intoxicated.
Cross examination-Ha6 ND CONVEX
sation with them, and simply judged
from their actions; Moffatt was talking
liz q loud tone about lvnching Mulloy,
and Shears started towards him, when
Moffatt interfered and told him to let
Mull3y alone.
Thomas Cupit was the next witness
He testified that when Hughes was
lying in his saloon on August lst, after
having been shot, witness took q pistol
from Hughes pocket and put it
behind the bar; afterwards gave
it to w. H. Bennett; saw no red hand
kerchief in the pocket; Ed Shears, Mrs.
Hughes, A. G. Reese and Drs. LIE
Compile and Manter were in the saloon
at the time; Mclaughlin had gone out
a few minutes before; he was at the
saloon short time before the shooting
occurred; he did not take drink with
me.
On motion of attorneys for the de-
tense, that part of the evidence relat-
ing to McLaughlin's taking drink
with the witness, was stricken out.
W. Il. BENNETT
was called and testified that Cupit gave
him a pistol on the night of the shoot
ing; the pistol was in Park City; once
saw the pistol in the possession of
Joseph Hughes step son. E ,..s.
The defense rested.
Courttook recess until pm.
IN REBUTTAL.
Upon reassembling,. the prosecution
began the rebuttal By calling
THOMAS CUPIT,
who testified that he saw Frank Nc
InnnhIir on, the aidaWalk in front of the