The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-24

was shot in the leg. He was sent to the
hospital at Salt LAKE. During the trouble
l saw no weapons in the hands OF any OF the
Irishmen. 1 only saw the wound in Emmits
| hand. l didn't examine the body.
Angus McMartin-I lived eight or ten miles
| from p. V. was at Gilnaugh's saloon at the
! time of the trouble. 1 saw the trouble and
! heard the quarrel Didn't see any weapons.
/ TIE yellow nan had knife. don't know what
| started the quarrel. was only in few minutes.
After Ginaugh went out with Emmit, the Ital-
| ians followed out. The black Italian wasn't
| quarrelsome. The yellow one and the defendant
were in the quarrel. l soon heard three or four
! shots. / went out at the back door, and when l
came in I saw Emmit come in the saloon. The
| only thinr heard from Enmit was his asking
| for drink ofjwater.
William OToole-Was present a. the trouble,
when went in the saloon in the morning 10 get
u drink, of course. Emmit O'Brien and Gun
nngham came in. This was in the afternoon. 1
saw the knife. Defendant was mixed up in the
quarrel, but saw no weapon on him. The vel
| low fellow had the knife. There was no quarrel
before the Italians came in. All was quiet till
then. The quarrel began half an hour after the
| Italians came in. l didn't see Emmlt S wounds.
1 saw the wound in O'Brien's leg. 1t appeared
to range downward. 1 didn't assist the doctor in
! the examination felt of his leg afterward. 1
don't know whether the bone was shattered or
not.
Mike Cunningham-I now live on Bear river
I was at Gilmores saloon last September; had
been there at the saloon an hour before the
shooting; it was on Sunday; saw Emmit and
o Brien; also saw the three Italians the Irish
had come in the saloon before the Italians; we
had been drinking and talking about Irish par
ties; the Italians came in ana were drinking at
the bar; we went to drink at the same time
One of the Italians grabbed the bottle
out of Cummings ~, hand and threw a
put his hand on his gun and the yellow fellow
put his hand on his knife. We all then had a
drink Emnitt was in his shirt sleeves and was
leaning against the door when the yellow italian
grabbed his hands. Emmit OBrien, Gilmore
and myself went out and tussle occurred. De
PENDANT got in clump OF brush and began fir
ing. This was about Jour feet from the door.
/ was in the door looking out. He emptied five
barrels at the crowd. Emmit was doing nothing
when he was shot. The fuss before the shoot
ing was between EmmJt and the yellow
fellow. I saw defendant fire all the
shots. He squatted in the brush and began fir
ing. He shot fast as he could pump II out.
Emmit, as he was shot, staggered back and ]
caught him as he went to fall. He called for
water and gave him some. Emmit lived about
twenty minutes ! examined the clothing but
not the wounds: | saw he was dead, and that
was enough. Neither Emmit nor O'Brien had
weapons. 1 saw no rocks thrown. The Irish
men were not doing anything. All the fuss was
on the part of the Italians. The Irishmen were
not calling names. In the saloon, as quick
defendant quarreled with Cummings
he pulled his pistol. II was a large
knife in the yellow mans hand. Defendant was
not injured at all when he began firing. was
not out at first. If a rock was thrown it was be
fore 1 went out. l have no feeling against the
Italians or Mornons. or anyone else.
Desert station, ten or twelve miles this side of
Green river. He was travelling east along the
railroad. Defense objected to this line of teSti
mony: overruled: exception This is about
sixty miles east OF Gilnaugh'S saloon. l went
down on the train to Desert station. We got
there about 4 o'clock in the morning. There
were seven of us in all. About 7:30 am. we
saw defendant coming down the track with
rife on his shoulder. When he got within
thirty or forty yards from the house, we told him
to throw up his hands. He took the gun of his
dawn aToA
gan shooting. He would raise up and shoot
This he did four times. Finally one OF the boys
shot him in the shoulder. He then threw up his
hands We took rife pistol and long
sharp knife from him. The pistol was exhibited
and the court inquired if it was loaded; if SO he
ordered ii pointed the other way Coward the
jury. His honor thought seriously loaded
pistol ought not to be brought into the court
room.
Witness continued-Defendant was about
forty yards away when we hailed him. We were
behind a fence.
Thomas Fowler am sheriff of tbs county.
l was present at the arrest OF defendant. Mr..
Fowler verified the testimony of the previous
witness in all particulars. he further stated
that the officers had stars on when they com
manded the defendant to throw up. When ar
rested defendant had scar on the side of his
face. 1t was a Winchester he had when ar
rested. This gun was also exhibited. II is u
murderous looking weapon. There were four
cartridges in the magazine when We got it.
The court took a recess of five minutes at
$3.50 to allow your reporter to post S
notes and incidentally for other purposes.
OTHER CASES.
The jury returned a verdict of guilty
against Luther Palmer for grand larceny
and he will receive sentence November ..
Peter Nielsen was arraigned for unlaw-
full cohabitation and entered plea of not
guilty and was set for trial for the 3lst
instant.
Provo, Oct 90