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

The examination Of the witness,
George TyreIl, Of Cedar Valley,
Utah County, was in progress when
the News went to press yesterday
afternoon. After the clcse Of our
report Tyrrlll, in ccoss-eSamination
testified in substance: 1 was on
good terms with Kelly and his wife,
but had to sue her for a wood bin. L
beat her in two cases and afterwards
had Mrs. Reily's brother arrested
on a Criminal charge and | 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 -o,,le
tronble and a few minutes later
Wyman appeared at the door with \
gun and cried ssrake that hack,,,
The shot was then fired: the gun
was elevated 50 that Il pointed at
the ceilingi Just before the shot was
Erred = hand was reached out and
struck the gun.
Judge Powers here oiIere,l In
evidence the subpnnas issued at The
prosecution to show tina, w,tne.s,.s
had been broaght in and had NO,
been placed on the stand, and that
Gaffsny was ont OF the rcffitorv
The prosecution had informed the
se'ense that they would call
0atieny, aud the Return showed
that he was out OF the Territory.
The return was admitted and VIZ
lam b. Evans was called Er
tesifiei-On the Might OF Novep,-
Der -, 1 saw CondOn aud the de-
iendant talking at the bar in
Franks saloon. Then Kelly came
up and speaking TO Wyman saiJ
lou dlrty little g. OF a b., [ fed
you last winter, and kept you from
Starving, md why do YOU tEyrn
against me?" Then Milt Tolmsn
came upand told Kelly he couldn't
Impose on little man and he .tr,,cs
at Kelly. The next saw Wyman-
he was standing in the doorway
with rifle. He said, Take j,
h3ck.' and just then the gun went
Of. Just before the shO. was fin-i
Gafieny ran past me towards wv
man.
Mrs. Susan Duke keep tn.
Pioneer hotel at ophir. On The
night when James Kelly was killed
Mr.. Condor came into the hotel
from Franks saloon. He did not
say anything about any trouble in
the saloon.
NJ. b. SOTies testiied-t have
resided nthis city kftecn years ami |
am a member Of the board Of public
works and the territorial boarI on 4
/ have known the 1
Isiendant for about eleven YEAR. .
ms reputation for peace aud quiet |
In thiscommunity vas always good. /
fSter y Pollock said-I was in /
Franks saloon in Ophlr the night |
Kelly was shot; heard Kelly tell I
Nymau that he had kept him from I
starving, and that he was a damned I
s. OF a b. anyhow; wyman then
Went out and in few minutes he /
appeared in the door with a rifle.
and a row between Kelly AMI Toll I
man had been euieted in the mean |
time.
Lysander Gee ststed-wynan,s |
cabin is fOrty-Hve PAGES fromFranks' |
saloon; i saw the distance paced |
OF; / have resided in TooeIe |
County since 1856, and have held /
the positions Of county clerk, select |
man aud justice OF the peace.
George H.Wyman testified-I an, /
flty-siX years Of age; the defendant /
Is my son; L am a lawyer by no /
fessi0n and practiced Law In Ci.ve. 1
lsndi for twenty-five yesrs, but am /
now residing AZ Boise; the defendant /
IS thirty years Of age aud is a law /
yer; he Is Of a nervous aud excit- /
able mature; | never heard the d,- 1
Iendanq use a prOfane word in my
life, nor have 1 ever heard him u. 1
vulgar language.
T. 4. Davis said-I am the editor
and proprietor Of the yiTseS; / for
nerly lived in Coloratlo and knew
he defendant there; he resided IL
Rico, ami was probate juage OF the
county; his reputation for peace anu
,aiet in that community was gOol,
mn [ never hsari anything against
aim.
Captain Greenman-Ih have known
he defendant for several years. His
for peace aud quiet Il
rood. l never heard OF his using d
,un on any one, except this affair. /
Mr.. Warren recalled-I have
znown the defendant at OphiT t0r
iine years. Always heard Of him as
, quiet and peaceable man.
Lysander Gee recslled-The de-
endant's reputation for peace and
Iuiet Is god, and previous 10 this
flair I never heard word against
linn.
The court aJjOurnei~u ntil this
Vixen the court reasscmbltd this
morning, the defense called
NspE sf-SaN E.FTt-E