The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-07-27
HELD TO ANSWER.
Sheriff De La Mare Under Two
Thousand Dollar Bonds.
SOME VERY TRASHY EVIDENCE.
The Suspicion that McCarty and Canton
We're Mistaken" Is Very Greatly
strengthened-The Defense.

Iluu6u before commissioner NOrr6u yes
terday. The first witness called by the
prosecution was j. K Gillespie, but he
knew nothing about the case and wa;
speedily dropped.
The next one was an individual whC
gave his name as Mich lel John Brouthers
the same who had been brought in the
evening previous from Garfield Beach
and lodged in jail, in order that
his attendance might be insured
That he is gem, is attested by
his own evidence live in Salt Lake, and
do almost anything. 1 worked at Garfield
Beach on the oath for one day. Was there
when w ]. Ryan was shot, on July ~. The
shooting took place about 3: 80 am. Never
saw Ryan before. There had been a fight
near the tank. The sheriff came along and
followed through curiosity. Twas outside
of the car, on the foot board, when the shot
was fred. Mcbride had a lantern, and
came in from the mountain side. The
sheriff came in on the same side. McCarty
came in on the lake side. McCarty took
hold of Ryan, who was asleep Ryan
raised his head and De La Mare shot. The
sheriff then said he had done it acciden-
tally. ! told the people to give the man
some air. Gordon was holding his head.
Gordon was not in the car at the me of
hand. Did not see any weapon at all on
him.
To Nh. Rawlius-I was outside Of the car
at the end of the second seat; the sheriff
had no lantern when he was in the car.
am positive of that. He did not hold up a
lantern in his left hand. Mcbride had the
lantern. ] saw Gordon on the platform. He
came up with the sheriff. There were five
or six Of the party. There were railroad
men with lanterns on the platform. l did
not know Gordon then.
NEVER SAW MoARTY BEFORE THAT DAY.
There was a woman between Mcbride and
Ryan when the shot was fired. Mcbride
did not have hold Of Ryan when he was
shot, nor was he shaking him. Ryan had
his eyes open. | could not see his hands.
He was shot just as he raised up. l talked
with McCarty and CANTON this morn
ing about the attachment and fine
on me. They said they would see
Kennedy about it. talked with
Canton about the MURDER don't think it
was murder; 1 think it was accidental
and he said would be subpGnaed. l did
not talk with Louis Schilling. Have not
spoken to Sheriff De La Mare. Was sub
pPnaed on the 18th. Was not at Garfield
that day. / think was there next day; did
not meet the sheriff there; did not offer to
shake hands with him. l have made mis-
LdhGs IL WAS On Tic I'll IllttG 1 went 10 lIdT-
field, and spoke to the sheriff there. l did
not say to him, II don't know what that
id CANTON had me subpGnaed for, be
cause don't know thing against YOU
! said, 81 don't want to appear against
you" The sheriff drew his pistol and
fired quickly. / thought ii was accidental
He had no lantern. l thought he pulled it
too quick. He seemed excited, and his eX-
clamauOn indicated to me that 1t was acct
dental. Before then l heard the sheriff say
a man had slapped a woman in the face.
Joshua M. DaviS-I reside in Provo. Am
travelling for Studebaker Bros. Was at
Garfield Beach at the time of the shooting
Of w. J. Ryan. Was in the car at the time,
alongside of Mr.. De La Mare.
he HAD LANTERN II HIS HAND.
There was man and woman sitting
side by side. The sheriff went in facing
them. The man Ryan had his head
dropped slightly forward The sheriff said,
you are my prisoner" and he and his
TWO men sprang toward Ryan. There was
no seat between the sheriff and Ryan.
When the three went forward the shot was
fired. Saw the pistol afterward. Ryan
raised Just as he was shot. 1t was all done
inside of a few seconds. After the shot
De La Mare said he did not mean to kill
him. There were three men in the car
De La Mare was between Ryan and l. Saw
no OuC uOlu VI IkSdu. luGIC hCIG IhO
men in the same seat coming toward him
l had heard that the sheriff was going to
arrest a man for threatening to shoot, and
! went through curiosity. Mr.. Gordon
was in the car at the time of the shooting
There was another man with him. | saw
no pistol in Ryan's hand. told the lady
thought the man who was shot would not
recover. I was not at the coroner's IN
quest.
To Mr.. Rawlins-I was looking in at the
opening on the north side of the car. The
sheriff did not get in at the south side. Nc
Bride and Gordon came in at the south side.
The first thing said was by the sheriff,
''You are my prisoner" and the sheriff,
Gordon and Mcbride jumped for him. /
could not tell whether Ryan had pistol or
not. The sheriff may have been in the next
aisle to Ryan. The sheriff shot when the
men jumped. Mcbride held Ryan's head
after the shot. Gordon was right there and
may have picked pistol up; there were
only the two deputies, the sheriff, Ryan,
the woman and myself in the west end of
the car when the shot was fired. | could
not have seen Ryan raise his pistol. 1t
was 100 dark. Ryan Strengthened up when
the sheriff said,
you ARE Ny PRISONER
His eyes were wide open, and he was fully
awake. He looked before them as if he
had been thinking.
To MIR. Varlan-He could not have been
asleep with his head as erect as it was.
looked at him for two or three seconds.
Canton and McCarty were not in the car
at the time of the shooting. CANTON was
on the platform, right behind me, when the
shot was fired. He made an exclamation
about the shooting The men who have
said they were in the car were not there
Canton could not see either Ryan or the
sheriff.
To Mr.. Rswlins-I was reared in the
Territory.
To Mr.. Variant never was in court be
fore in my life.
To Mr.. Rawlins-I know McCarty was
not in the car when the shot was fired;
there was no one between me and him.
To Mr. Varian-The sheriff had Ian
tern; remember Canton being behind
me because he spoke. canton and Nc
Carly were brought in and Mr. Davis
identified CANTON as the man who stood
behind him. He again declared that Nc
Carly was not in the car until after the
shooting.)
To Mr.. Rawlins--I have said very little
about this matter; talked to Mr.. Judd, at
the Office where work. l was subpBnaed
yesterday morning.
Edward McCarty was recalled and testi-
fed that he was living at the same house
with John Ryan, brother Of w. ]. Ryan.
He had been there even since he resigned
his position at the Garfield Beach, which
he did the day after the shooting.
MIR. Farian announced that he had no
more testimony to offer.
Mr.. Rawlins suggested that the prosecu-
ton should call the eye witnesses to the
shooting. 1t was incumbent upon the gov
eminent TO do so.