The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-02
NEAL MULLOY'S TRIAL :
Evidence for the Prosecution
All In.
THE DEFENDANT TESTIFIES.
he Gives a Graphic Account of the
Trouble Which Terminated in
the Shooting.
THE DEFENDANT TRSTIFIEs.
In the case against Neal Mulloy,
Yesterday, the first witness was

In the case against Neal Mulloy,
yesterday, the first witness was
W. H BENNETT.
He testified that he lived at Park City,
and was 8 policeman there on August
1st; while at the City Hall, Cupit called
his attention to a pistol shot. and went
| to the rear of Cupit & Brennan s saloon;
saw Sweeney and Mulloy standing
t1ere; witness inquired who bad fired
the shot, and Sweeney replied that was
what they wanted to know; asked Null.
10y if he was sure he did not fire the
shot, and he said yes; then went into
he saloon, and Ed. Shear said for
Chr;st's sake arrest MuIloy, he has shot
Joe Hughes; went out and saw Muiioy
about seventy to 100 yards Oft; over
took him and told him that he was &C
clsed of firing the shot; he denied it,
and witness told him to take his hands
oat of his pockets; as he did so, witness
saw pistol which he took from him; il
was q Colts self-acting, IL calibre
Loaded except one; called Mulloy's
attention 10 this, saying, II thought you
said you did not fire the shot?" He re-
nned that Hughes had challenged him
to go out, aud when a man challenged
AIM TO go out, he would go. The wit
ness then identified a pistol as the one
he had taken from Mulloy at the time
he arrested him.
Cross-examination-I testified at the
preliminary examination. There was
-ome talk of lynching Mulloy after the
shooting. Hughes and | were both
members of the Ancient Order of United
Workmen. Cupit gave me q pistol at
bout 8 O'Clock on the Eight of the
s footing.
This closed the testimony for the pro-
seculion.
Mr. VARIAN asked that the prosecution
required to put Oscar Hartwell and
James Berry on the stand, as both had
testified before the Commissioner. Mr..
Varian criticized the methods of prose-
cution, saving that they had sifted their
witnesses and left out those VIII Sc testi-
mony was favorable to the defendant.
Mr.. CLARK, for the prosecution, de-
Ned that they had been unfair, or
ought to take any advantage.
The motion was Oyerruleu.
The defense made no statement. and
.egun their case By calling Oscar Hart
rel, who testified that he was in Cupit
& Brennen's saloon, in Park City, on
August 1st; Hughes and Mulloy were
n the saloon al the time. and were
talking about fighting: Mulioy asked
Hughes to go out IN the yard AID fight.
and Hughes replied that he was not
ltraid Of anythiI G from toothpick to
cannon ball; heard Moffatt say let
them go cut and settle it.
JOHN SHIELDS
testified that he was mayor of Park
City, AID had lived there for five years;
was acquainted with Mulloy for some
time previous to the shooting; his Iepu-
alton. prior to that, for peace and good
order, was good.
Cross -examin ion Never heard Of
defendants being IN any trouble previ-
Gus to the shooting; never heard of his
being in fight in Idaho and getting
cut; do not know what his business was
during the six months prior to August
LIST; be was at one time engaged 10
mining, and afterwards had charge of a
saloon; never saw anything mean or
vicious in his conduct.
HENRY NEWELL
testified that he had resided in Park
City for eight years; was an alderman; :
had been acquainted with the defend
ant for about three years prior to Au-
gust 1st; his reputation for peace and
good order was good.
Xaminatlon-Don't know any
thing about his reputation.
JOHN CARROLL
testified that he had resided in Park
CITY for nine years, and had known the
defendant about six years; his reputa-
ton for peace and good order in that
community was pretty good; was &C
quainted with the late Joseph Hughes;
had a conversation with him last Nay,
after q caucus held in Park City.
The prosecution objected to this con-
versation being related, on the ground
that it was im1naterlal.
Mr.. MARSHALL was about to state
what the object was in Introducing the
evidence, when MIR. Clark interrupted,
and objected to the conversation being
related by counsel in the presence of the
jury
The Court decided that the witness
might testify.
Continuing, the witness said that he
met Hughes on the morning after the
caucus, and be said: "They were little
100 heavy for US last night" Witns5s
replied, Ives, they were; l intended to
put you up for alderman, but discov-
cred that you are not well liked"
Hughes said, "How is that?" replied
that it was on account of his connec-
ton with the Murphy affair. Hughes
said, eff any party or parties ever
throw that up to me, they or will bite
the dust" Witness cautioned him
against being recklas md be replied
that he was prepare, y n an emer-
gency; witness related II :. conversation
to Pete Holland a short ,e ago; had
not been promised any money for COM
ing down; stopped at the Cullen Hotel,
and paid his own expenses; Pete Hol-
land never promised to pay hin, any.
thing; never expected to get one cent
for coming down