Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-24
THE WYMAN MURDER CASE.
Proceedings this Day in the Third
District Court

w nm mthDEi NASE.
Proceedings this Day in the Third
District Court
When The News went to press
yestenlsy afternoon William Con-
don, an attorney, was stIn under
eross-examiuation 10y aIr. Dickson.
He stated that Kelly was under the
influence Of liquor on the night Of
the homicide. Kelly was a Iar-c
man. Wymsn had made no demon
STATIONS except TO straighten up As
though indignant. Witness never
told any one except Kelly that the
deceased had spoken very Violently
OF wSu-,n.
Martin Mahnken testifed-I am
a butcher and farmer and have re-
sided at Ophir since 1871, and WAS
there on the night OF November II.
last. / was In Franks saloon on
D that evening, and saw Kelly, Wy
man, Mr.. Condor and number
I OF Others there. / saw Kelly talk
ing to Wyman and heard the former
I say something about killing him
and Lion Hill; la; didn't catch the
Substance Of their conversation.
While they were talking, l Jaw Toll
man walk up and say 10 Kelly,
You are big ulan 10 call little
n'aa q s-of a 3D. Tulman then
look Of his coat aud I expected to
see fight between him and Kelly:
Iclmau struck 1t Kelly, but the
crowd ssparate. them; this took my
attention from Wyman, hut shortly
afterwards l noticed him golng to-
wards the door; I went hchind the
bar then. and IN from five 20 ten
minutes / saw Wymau IN the room
near the doo-; Kelly was then in the
rear end Of the nO1mi Wyman held
a Winchester rifle il his hands, and /
I heard him say, "Tsse Il back.o
IN about five seconds lie free; | I
then dropped behind the counter.
To Mr.. Dickson-TheTe were from I
tgenty % thirty men in the saloon 1
a. the time; when ] dropped behind /
the bar, the baThseper. who was 1
lying there rlih inc, wouldn't let j
me get ~, saying there wguld lie .
m,.r shooting; Kelly was over six
feet tsll ani zls vcTy much larger |
han Nymlu: when tire Latter fired /
he hell ths ride below the line Of
his hreas-; had no ua3e 10 get nsi-
iatesl, IA. l was frightened.
Frank Iincbach testiiied-T re-
side at Ophir, and am acquainted
with the defendant, and also kneW
JAMES Kelly b. hs life time; on the
night Of November II lat. went
70 Franks saloon; the irst I saw
Of Kelly and Wy man they were to-
Eether at the bar; they had a short
and Alr. Tolman, who
was playing pool, dropped his cue
anu cane IN and struck nj Kelly;
they gathered around them, aad
lost SIGHT OF Wymau; when | next
saw him he Was standing in the
door with a rife in his hands; /
heard him cay: Cake il back! l
take it back,,; the rife was pointed
toganis Kelly, and In 4 very short
time the shot WAS fired. l.
To Mr.. DiCsson-I am sixteen
years Il age, ami this was Tie fir-t
affair OF the kind I ever saw. As
soon a The shot was fired, wyman
dropped the gun.
james slcEvcy testiiei-i reside
a. Ophir and on the night Of Nov
embsr II | vas in Franks saloon.
Wyman and Kelly were there and
| heard the latter tell Wyman that
he had befriended him anu he could
not turn against him. Then a man
named rolman went up - Kelly !
and told him ne w1Iid not abuse a
little man, AMI if ne wantei fight
be could have j; Of him. Then Wy
-nla went out and I parted the
others anu 4 fight was avcrtcd. In
a few moments ! hesai some one ut
the door say, Take IL back, Take Il
lacki'' And looking around I saw z
Wyman Standing la the door with
4 rifle in his hands. In a few sec
Dnds the shot was fired.
To SIR. DicksUu-T am 4 miner.
and had known Kelly some years-
I have been employed by his family
ever since the shooting, and am still
working on the property in which
hey are interested.
At this point the court adjourned
Intil Wednesday morning. !
At the opening OF the court this /
Judge Zane stated that the
ieiting OF civil cases would he made
)n Saturday morning next, at ten |
o'clock, instead OF tins morning, as
mad been previously arranged. 4
The Wyman murder trial was
hen proceeded with.
Archie Warren took the stand.
Examined by Mr.. Hamilton, he
,aid he had resided in Ophir eight
,r nine years and was acquainted
With defendant and Kelly; be was
n Franks saloon on the evening Of
ne tragedy and saw Wyman aud
deceased there; Wyman was stand-
ng at the bar with Mr.. Condor, {
thinking: Kelly walked up between {
hem ami interrupted the conversa- s
ion, addressing himself 10 Condor {
md looking towards Wymsn n he
poke. The next he observed
vas that a man named Tolmln
Jumped up in an excited way and |
aid he would not see n little man :
ike wyman imposed upon. There I
vas loud talking az this time.
When Tolman interfered IN his he
,aif, the defendant and COndon
enf. Five minutes later Wyman I
e;urned with a ride, placed his one
oct lust within the saloon, pointed c
ne weapon toward tue deceased {
nd fired, remarkilg as he did 50
about ''tsking ii back" {
cross-examined by Mr.. Dickson, i
witness said he saw no one grab az
he gun, which, after the firing, fell Z
Michael w. MeGrath, OF ophir,
.s.jfitI that he had known de-
en.iant and Kelly for a long time;
hen in Franks saloon on the =
'ight in question he saw them
mere among a number OF otheis; .
~ was some loud talkins;- be j
honcht there was going 10 be some Z
ronble. and went outside Tor Is" i
',Snuies: returning,- he Observed ,
mn pointed through the doorin the {