Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-25

ended In NcAfiee being bound owe,
on a charge cf perjury tr
await The grand jury;s action
with a Mr.. Me rierney. or
the evening of the tragedy n.
walked toward Franks saloon. h,,,
on seeing Kelly aud Others the,e i,
declined 10 so In. He then yent r.
ms cabin-distsnt about $50 or l6C
ieet from The saioon-stayed there
a short time, then to the store and
later, returned to the saloon for the
purpose OF meeting Nr. Condor. I,
was then about $3.50. he belleye'l
Passing through the crowd near ms
door, ho walked Straight across h
the billiard-table. WhiIs standlnS,
against il Mr.. Condor came up 10
MIN. He (Wyman) told him he
had come 70 bid him good bye. and
hey had drink together. He
tdeiendant had only a glass 81
cider. At this time Kelly Came mn
TO themsnd said: "Charlie Wyman
want to tell you what 1 think Of
you IN the presence OF this mani,
meaning Condon). Hisimpressjon
was that he merely repiled, "a n
right" Kelly then a.ked, "Havn't
always been n friend of yoursY,,
and he lWynanl Rsseuted. Kelly
next inquired, ''pidn't helm Won
from starving last winter?,' and 10
this he answered, "No, sir.'' The,,
Kelly remarked IN = harsh tone
OF yoIee, "f0d are n conteupsible
lille eur. You are a low-life little
s. OF a -" ai the same assuming
threatening attitude. Kelly was
extremely angry and very much ex.
cited. As coon AZ Kelly used the
Last named expression he fWymanl
stepped hack \ little; "Aiits Tolman
interferri, add he twyman) went
CIT Ot the saloon. He had no con-
versatiou with Condor on the way
out, neither did lie say 10 him or
anyone else, "No g. ofa- can
talk 10 me I'm that way" Condor,
he was sure, did not 20 out of the
house before him. He (wymanl
left the saloon hurriedly. Upon
reaching his cabin he went In art
looked aroand The rcqm ia sclfth o.
some wesqcI, saw the rife, took it
up and returned 10 the saloon.
Upon arriving at the saloon he
halted st the entrance. Kelly was
still there and also a number OF
other persons. Standing on the
threshold he called out. s'Jim Kelly,
you've got 10 apologize for calling
me sol a b.. Take IL tack;
take X back; As he stood with the
gun in his hand, pointed upward,
there was a general movement ON
the part Of the crowd towards him.
aud as he was holding the gun with
the muzsle toward the ceiling. some
one struck II near the end Of the bar
re-, knocking il down. Instantly il
went sfE. The striking and the dis
charge seemed TO be Zone aud the
same act" He thought for the mo-
meat that -oHfe one had shot at him
he WAS 80 surprised. When the
gun fell from his hand he ran Z few
steps. halted, and then surrendered
himself. He did not aim the gun at
Kelly at all. and IL he hal pulled
the trigger before Il was knocked
down the bullet would have pene-
trateu the ceiling. He had no iu=
tentiOn Whatever OF shooting Kelly,
bu; simply meant to frighten him
into apologizing for what he had
said. No thought OF injuring Kelly
everenterei his head. He was greatly
exited at the time. His idea was
that kelly,On seeing the gun, would
Instantly withdraw the remark he
had made.
- ...-,-,,,t..aH NJ r. l. = aff
since 1879 had been passed i'm the
west. The defendant was then
questioned in relation TO. the law
suits in which the Kelly family
had figured, and as - his feeling
towards the deceased man. Kelly
and he had always, before the in-
stit.iion Of the land suits, been good
friends, but he certainly was afraid
on this night that Kelly would 20
after him. When he first went in
and saw Kelly he could have Left
the saloon hal he felt disposed TO do
80. When TOlnan inierferei on his
behalf and rushed up 70 Kelly he
tWyman) called cut, Don't,
don,b - - lie didu't want any trOu-
ole there.
lie voluntarily used no such words
70 CoudOn as, III You had only
stopped me when | me; You on the
porch, this thing would never have
happened.' His motive In rushing
from the saloon home was merely 10 /
get out Of the way OF further trouble. !
He could not tell when the idea OF |
getting the ssa first entered bis /
mind. his sole intention was to
frigh,en Kelly Into apo,ogiSing. ItI
did not oscar g. h!hl. alter tia eS-
perisue. In aiming camps, that il I
was a dangerous thin: 10 introduce a |
gun anl1g 4 lot OI ie0ple, even |
though he oil isyt intend 10 Use il.
Mr.. Cfitchlow-Now, surprising |
Kelly hal not ap0logized p you,
what did you intend = DO with that !
gunT |
Nyman-l never thought about |
such a thing ~ his no. apoiOgizing.
Mr.Critch!Ow-!t simply occurred /
to you, without any DOUBT, that on
seeing the gun he would apologize?
wymlu-les.
Mr.. C-itchl0w-If he had no; |
apolOgized, then, you had not |
thought further what the conse-
quences would lie. i that true?
Wyma n-Ges.
Mr.. Cri:chlew-Why, then, did |
you point Tie gun into the room, II 1
you had no intention Of using IL?
Wyulan answered That he wanted /
Kelly to see it, and he thought he |
would have n better opportunity Of |
doing 50 by mis- holding i up in the /
way he lid.
To Judge PoweH-The gun had |
been loaded some time prior to the /
day OF the tragedy, and be had no |
recollection whatever Of cooking IL 4
himself. He had seen boy handl- |
Ing the gun a day or 50 before and |
requested him % put i down.
This concluded the examination /
of the defendant.
Henry wynAn, brother Of the |
accused, who l. an att0rney-at-law, /
residing in this city, was then
called.
Mr.. Dickson was proceeding TO |
the witness a. to the l
death OF his mother in n certain |
Oh.s Institution, when Mr.. Glitch |
log objected 10 tbs question on the |
ground 81 irrelevancy.
Mr.. Dickson said his object was 70 |
show that the Defendants mother
and other members q his family |
had shown symptoms Of insanity |
AM excessive nervous irritlbility.
After some argument Judge Zane |
sustained Mr.. Critchiow's objection,
inasmuch, he said, rs The defense Of
insanity had not been set up.
The witness then left the stand /
aud the court took recess until >
O'Clock.
This afternoon Thomas Alma, a |
memher Of the Salt Lake Sportsman
Club, said he had been familiar