Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-25
wYMAN TELLS HIS STORY.
His Version is that the killing OF
Kelly was Accidental

The examination Of the witness,
George TyrelI, Of Cedar Valley,
Utah County, was in progress when
the News went 20 press yesterday
afternoon. After the Glove Of our
report Tyrrill, in ccoss-eSamination
testified In substance: I was on
good terms with Kelly and his wife,
but had to sue her for a wood bin. 1
beat her in two cases aud afterwards
had Mrs. Keily's brother arrested
on r Criminal charge and 1 beat
him.
Willis Knapp testified that he
was In Franks saloon at Ophir on
the night when Kelly was killed:
saw Kelly and Tolman have .osae
tronble aud few minutes later
Wymsn appeared at the door with n
gun and cried cake that haek,,,
The shot was then fired: the Gun
was elevated 50 that fl pointed at
the ceiling; just before the shot was
cred = hand was reached out and
struck the gun.
Judge Powers here odereI In
evidence the subpoenas issued AT the
prosecution TO show tina; witnesses
had been broaght in and had not
been placed on the stand. and that
Gaffsuy was ont OF the Territory
The prosecution had informed the
seserse that they would call
6atieny, aud the Return showed
that he was out OF the Territory
The return was admitted ami WI.
liam b. Evans was called ne
tesiiHei-On the nigh. OF Noven,.
Der -, saw ccnd0n aud the de-
fendant talking at the har In
FRANKS saloon. Then Kelly came
VI anu speaking 10 Wyman said.
on dirty little g. Of a b.. [ fed
you last winter, and kept YOU from
starving, and why do YOU t.grn
against me?' Then Milt Tolmsn
came pand told Kelly he couldn't 1
Impose on n little man and he s,rIcs 4
at Kelly. The next I saw Wyman.
he was standing in the doorway /
with 4 rifle. He said, Take Il |
oack.' and just then the gun went /
of. Just before the shot was fired l
Gaiieny ran past me towards Wv
m2n.
Mrs Susan Duke keeps tn.
Pioneer hotel at Ophir. On The
night when James Kelly was killed /
M Concen came into the hotel /
from Franks saloon. He did not
say anything about any trouble in
the saloon.
NJ b. SOwies testifiej-f have
resided inthis city hfteen YEAR, ami
am member OF the boarfof pubIic
works and the territorial board OF
equalization. have known the
defendant for about eleven YEAR.
DIS reputation for PEACE aud quiet
In this Community ras always eooi-
feter J, Pollock said-I was in
Franks saloon in Ophlr the night
Kelly was shot; heard Kelly tell
'Fyman that he had kept him from
starving, and that he was a damned
- OF b. anyhow; Wyman then
vent out and in a few minutes he
appeared in the door with a rifle.
IND row between Kelly ami Toll
nan had been Guieted in the mean
line.
Lysander Gee stated-Wynan,s
'abin is forty-sve PAGES frOmFranks'
ialoon; / saw the distance paced
IL; 1 have resided in TooeIe
county since 1856, and have hell
he positions Of county clerk, select
nan and Justice Of the peace.
George E.Wyman testified-I an,
ifty-siX years Of aye; the defendant
: my son; am a lawyer by pro
essi0n and prlcticed law In CIeyp.
andi for twenty-five years, but am
low residing AZ Boise; the defendant
5 thirty years Of age and is a law
'erj he Is OF A nervous and excit- |
.ble nature; / never heard the dt-
use a prOfane word in my
lie, nor have 1 ever heard him use
-ulgar language.
i. 4. Davis said-I am the editor I
nd proprietor Of the Tunes. I for
nerly lived in COLORADO and knew
he defendant there; he resided IL
sico, and was probate judge OF the
Ouuty; his reputation for peace anu
aiet in that community was good.
nj [ never hsari anything against
i'm.
Captain Greenman-I have known
he defendant for several years. His
equation for peace and quiet Is
OOd, l never heard OF his using !
un on any one, except this affair.
Mr.. Warren recailed-I have 9
nown the Defendant at OphlT f1r 4
inc years. Always heard vi him as
quiet and peaceable man.
LysRnder Gee rec-lled-The de- /
.nuant's reputation Tor peace and
Iiet Is god, and previous 10 this 4
fsir I never heard 4 word against
i'm.
The court adjournei~Urtil this
forming.