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

on charge q perjury TO
await the grand jury's action.
: win Mr.. Mcrierney, on
the evening Of the tragedy he
walked toward Franks saloon. hut
on seeing Kelly and Others then he
J declined 10 go In. He Their went 10
his eabin--distAnt hbOut $50 or Is0
zee, ircni The salOon-stayed there
a short tine, then TO the store aud.
later, returned to the saloon for the
purpose Of meeting Mr.. Condor. N
vas then about $3.50. be believed.
RAISING through the crowd near the
door, he walked straight across Ia
the biliiari-.able. Willis statdIng
against il Mr.. Condor came IN no
MIN. He lWyman) told him he
had come 70 bid him goodbye, and
they bad a drink together. He
ldefendantl had only n glas, ~
cider. At this time Kelly came IN
10 them sni said: ssCharlIe Wyman
! want to tell you what | think ~
you IN the presence Of this man''
lmeaning Condonl. Hisimpression
was that he merely replied, IAN
right" Kelly then nskea, "Havn;t
L always been n friend Of yours?,,
and he tWyInanl aSsented. Kelly
next inquired, ''nidn't | help Won
from starving last winief?'' and 10
this he answered, ''No, Sir.i; T,en
Kelly remarked IN = harsh tone
OF yoire, you are 4 conteup;ible
/ Iltie cur. You are a low-life little
s. OF a -" al the same assuming
a threatening attitude. Kelly was
extremely angry and very much ex.
cited. As coon as Kelly used the |
Last named expression he fWymanl |
stepped back little; "Mit' Tolman I
interfetcd, gtid he tWymanl went 4
CT o. the saloon. He had no con-
versatiOn with Condor on the way
out neither did lie say to him or
anyone else, "No -ofa- can
talk 10 me I'm that way.' Condor,
he was sure, did not 20 out Of the
house before him. He (wyman)
left the saloon hurriedly. Upon
reaching his cabin be went In ara
looked srgand ihs rcgm Ia s.art;h o.
some weapon, saw the rife, took il
up aud returned to the saloon.
Upon arriving at the saloon he
halted at the entrance. Kelly was
still there and also n number of
other persons. Standing on the
threshold he called out. "Jim Kelly,
you've got 10 apologize for calling
me s-Of = b.. Take IL back:
take il 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 ~ he was holding the gun with
the muzGle toward the ceiling. some
one struck IL near the end Of the bar
rel, knocking Il down. Instantly il
went siT. The striking and the dis
charge seemed to be zone and the
same act" He Thought for The mo-
meat that -oT'ie one had shot at him
he Was 50 surprised. When the
gun fell from his hand he ran 4 few
steps, halted, and then surrendered
himself. He did not aim the gun at
Kelly at all. and II he had pulled
the trigger before Il was knocked
down the bullet would have Dcne-
trateu the ceiling. He had no in
tention Whatever Of shooting Kelly,
but simply meant 10 frighten him
into ap0logizing for what he had
said. No thought OF injuring Kelly |
everentered his head. He was greatly }
exited AZ the time. His idea was
that kelly,On seeing the gun, would
instantly withdraw the remark he
had made.
Cross-examined-Siust OF his life
since 1879 md been passed in the
west. The Defendant was then
questioned in relation to. the law
suits in which the Kelly family
had figured, and as to his feeling /.
towards the deceased man. Kelly
and b. had always, before the in-
situation Of the land suits, been good
friends, hut he certainly was afraid
on this night that Kelly would 70
after him. When he fiTst went in
and saw Kelly he could have left :
the saloon hat he felt disposed 10 do
50. When rOinan iuterferei on his
behalf and rushe,i up To Kelly he
{ Wyman) called cut, Don't,
don,t, = = lie diiu't want any trou-
0ls there.
lie voluntarily used no such words
- Condor As, ''If you had only
stopped me when ] met You on the
porch, this thing would never have
His motive In rushing !
from thc saloon home was merely TO u
get out of the way OF further trouble. {
He could not tell when the idea OF
getting the sGl fg-t entered bis =
mind. Ills cole in-ea.l0n was to :
frigh,en Kelly into apciosising. 1T
lid not oscar 70 iiihl. aiier his eS- I
lerieus. iu aiming camps, that il
was a u fuyenOus thin b introduce n c
gun am5ls 4 lot Of peOple, even
though he cii ngi intend 10 use Il.
Mr.. Critchlow-NOw, surprising c
Kelly hal not apJlOgized - sou,
what did you intend = DO with that
yuuT
wyman-f never thought about
such a thing - his no. apoiogizing. {
Mr.CritchlOw-gt simply occurred !,
10 you, without any doubt, that on "
5eeing the gun he would apologize: :.
wymlu-les. =
Mr. CritchiOW-If he had not :
apologized, then, you had not y
thought further what the conse- VI
1uences would I've. i that true? 4
Wyma n-Ges. 81
Mr.. Cri:chleg-Why, then, did n
you point Tie gun into the room, il D
you had no intention Of using il?
wyman answered that he wanted n
Kelly 70 Ece IL. and he thought he y
would have n better opportunity Of I
doing 50 by mis- holding i up in the :
way he did. =
To Judge P0wers-The gun had 81
been loaded some time prior tn the b
day OF the tragedy, and be hsd no 5
whatever Of cooking IL o
himself. He had seen n boy handl- q
ng the gun a day or 50 before and :.
him b. put il down.
This concluded the examination
lf the defendant.
Henry wyInan, brother Of the
accused, who i an att0rney-at-law, a
in this city, was then W
called. :
Mr.. Dickson was proceeding TO .
the witness as to the -
ieath OF his mother in I certain :.
)h.s Institution, when Mr.. Glitch a
ox objected to ths question on the q
ground Of irrelevancy. b
Mr.. Dickson said his object was 20
.hog that the Defendants mother p
md other members q his family z
lad shown symptoms Of insanity z,
inI excessive nervous irritibility. b
After some argument, Judge Zane
sustained Dir. Critchlow s objection, q
he said, n che defense Of u
insanity had not been set up. a
The witness then left the stand
md the court took recess until te
o'clock. y
b.
This afternoon Thomas Alma, a r
Of the Salt Lake Sportsman n
Tub. said he had been familiar 81