Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-24

Conuoi. deceased aud Wyman In
conversation at the bar lie apure-
hended no disturbance or unpleas-
antness,
Mr. Crihhiow said that other eve
witnesses to the occurrence had
Oeen subpRnaed by the prosecution,
but he did rot deem il expedlent 10
take up the time Of the court by
calling them. Their testimony
would be merely a repetition OF the
statements already in.
Judge T.gers then proceeded to
address the jury, and commented |
adversely upon the fact that the
prosecution had seen Nc not 10 call |
the whole Of tbs witnesses whom
they bad subpUnaed,. thereby |
presenting only one, and that !
an Unfair. side OF tile case. He
insisted that the witnesses called |
hal been carefully culled out aud |
such testimony only adduc,.d as |
would bear most strongly against 4
the accused. All that tended in his l
favor had been excluded. That the 1
homicide alleged did occur there 1
was no question; but the defense
would satisfy the jury by 4 prepon-
deranee Of testimony that Wyman
never intended 10 IRE the gun, that
its discharge was no &c; Of his, and
that kelly's death was simply the
result Of an accident. Wyman was
man, continued Judge Powers, Of
irrepruachable character, OF n
highiy-stEung, nervous tempera-
neut, sensitive In regard % his
honor, aRd unwilling, from his very
nature and training % do a single
act that would be considered wrong
or unjust. He came OF a sOmcW hat
distinguished family, his father
having been a lawyer OF repUte, he
was q man OF education and re-
ligi0us training, and possessed q
mind Of MORE than ordinary bril-
liancy- He vas formerly a county
court Judge In the State Of Colorado,
sober, tempe.ate, honest aud in-
dustrious, aud had always been
very much RESPECTED by the people
OF Ophir during his residence there.
Counsel went on 20 -exI lain that
the defendant, on the evening In
question. accidentally met Mr.. Con-
don in the saloon, and was bidding
him goodbye upon the latter's de-
pariure from Ophir. Kelly. the de-
ceased, walked up and stepped he
tween them, being very much
enraged az the time, and said %
Wyman in substance, "YOu are 4
dirty little s. OF n =; you are a
dirty little pup, and | want 10 tell
you what | think Of yOl right in the
presence CT these men. / kept you
from starving last winter. Now you
turn on me Ia this way" This,
urged Judge Powers, was enough 10
make any mans blood boil, stated
a. ii Wa In the presence Of = crowd
u IeOple. The nature Of kelly's
language, further, was such that /: q
reflected not ouly upon Wyman's !.
OWN honor, but upon his deau I
mothers memory. de felt. thert-
fore, that Kelly should apologize for
v hat he had said, and with 40 other
thought he ufshed from the saloon. 4
The defense would prove con-
however, that Wyman
lid not, as sworn TO, rush past Con-
ION in the street, Missing out the
remark attributed % him, but that q
Jcndon remained in the rom all a
he time. Wyman went into the /,
sa5in, got the gun-which hal re- ,
NAMED loaded for something ike / r
NO weeSs-unaware that IL was !.
,OCked. returned TO the saloon dor, },
which was open, and standing UPON \,
he step, lifted the gun, with tie a,
nuzzle towards the ceiling. He ! D.
allied out TO Kelley while standing
.hus: Take II back; take il back"
made towards him by some Of those
resent, among them being one
iaIney, who grabbed the gun with
ais hand. In attempting 70 pull il >
Town the trigger snapped, and the Z
gun went oil. Gaffney was after h
wards heard TO say thal II he had :
not grabbed the weapon Il would / :
so; have gone of. These facts the :
lefense intended 10 fully establish. h
The deIositions II Peter McEvOy, 4
aiken bef0ra = notary public at a,
Butte City, Montana, were put in /.
evidence by Judge Powers The =
Inst thing that ATTRACTED his attention {
vas the remark haze by Kelly 10 {
=
lept you when you were starving" :
Yyman sOOn afterwards ieft the >
oom, but was not absent more v
han about two minutes- Besors a
us return Keliy--Shad said,
D. him, IL he comes back here
.,Il fix him." When Wyman re- r
urnei lie had n gun in his hand.
Witness saw Gaffney strike the
.aTrel 81 the gun down, saying, Q
Don't shoot" and the weapon
vent of.
The court then took recess until
wO O'Clock.
Thomas r. NARROW, Of Tintic, :
eureka Co, was the finst witness Z.
allied on the court re-assemhling. -
lie said he heard Myman say 10
Kelly .sYou'll nave 10 take il back
nd apologize for calling me a. 4.
fab = few minutes after the II
,un went of, and while in the
AEON, Galney stated that ne struck
.oxn the gun with his hand ami II
yent OF.
Mr.. CEitchlow cross-examined the
ritness It some length as 10 what
ranspi.ed in the saloon prior 10 the
hootlng, but II revealed nothing -
lew. \
Geonse TerriI, Cedar Valley, n
Utah County, next took the stand ~
lie was ia the saloon NJ ths-time Of
he tragedy, AID heard Kelly call n
Vyman "a lying, Insignificant, y
ontemptible little puppy, and said a.
hat il he was not 80 small he would 81
Thip him. Tolman champiOned
be cause OF Wyman, who shortly
fter len the saloon C.
The witness was still under ex- m
mipatior when the NEWS went 10 \,