Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-23

Ater the noon recess the pro
ceedings In the Wyman murder
case were resumed.
The Indictment charges the de-
PENDANT, Charles NJ. wymln. with
the wilful murder Of James Kelly,
at Stockton, ToOele County, on the
18th Of November, lSs9.
In the absence Of United states
Attorney Narian, his assistant, Mr..
Critchlow, with whom Mr.. Hamil-
ton was associated, conducted the
prosecution. The accused was de-
Tended 10y Judge Powers aud Mr..
Dickson.
As during the tedious proceedings
Of the forenoon, the defendant who
was accompanied by his brother,
occupied sat near his counsel, and
while displaying no outward Ind
cations Of nervousness, he seemed
to pay the closest attention 10 all
that vas taking place around him.
He has a very gentlenanly appear
a3ce and modest demean0r, and
ordinarily he wears a rather pleas
ant expression, He I. OF somewhat
slight build, and about thirty
years OF age.
Mr.. Critchlow, in opening the
case for the prosecution, stated that
the deceased man was a miner. and
up to the time Of tie alleged muis
der resided with his son 81 Ophir.
The accused was an attorney and
practiced In the s1me locality. In
the month Of October last year the
defendant acted in his p7ofes-
sional capacity for a person named
ryrell in an action against Mns-
Kelly, the wife Of the deceased man,
for the recovery Of q small debt for
wood. Mrs Kelly's brOther, one
McAhee, was a witness in the case,
which went in favor OF TyreH.
Shortly afterwards. in November,
Mr.. McAffee was prosecuted for per
jury alleged to have been committed
on the hearing Of the case against
his sister. Wyman, the defendant,
was called upon 10 assist county at
torney GowSn for the prosecution,
aud ii was out of these disputes that
the subsequent tragedy really arose.
McA ffees was bound over 20 await
the action of the grand jury
Coming to the actual facts in con-
nection with the murder, Attorney
Critchlow explained that about $3.50
on the night Of the tragedy, MIR
Condor. q lawyer o. this city, the
deceased, Wyman, and several
others accidentally met in saloon
at Ophir, kept by n man named
Franks. Mr.. Condor went up 10
the defendant and asked him 10 90
to the bar aud have something
70 drink with him, and he did So
While the two were engaged in coz
versation, Kelly, the deceased, went
up to them, and in 4 by no means
unfrienily manner said 10 defend
ant, "Wyman, haven't l always
been a friend of yours"
Wyman replied in the affirmative,
and Kelley next asked, "Have |
ever done anything against your
and the accused answered, "Neyer."
At this time he was leaning against
the bar ia an Indifferent manner
Deceased next remarked, "Why,
then. do you take up the case
against me, when l saved you from
starving Tor begging) last winter"
Wyman thereupon drew himself up,
"a II Indignant at these words. and
. man named Tomlin at this stage
stepped up and said to Kelly, You
son n a You cannot impose
mon a little man like Wyman while
am here to protect him" at the
same time be struck at Kelley
Parties present interposed, how
ever, and apparently that was all Oh
theincident. -
Wyman about this time rushed
out through the saloon door ana
went in the direction OF his resi-
dence, distant about 40 feet from
the saloon, Kissing out as he leit me
premises the words to this enec.,
iCNo man shall use sucn
language 10 me" referring 10 hei-
ley's expression.l
Wymau. having procured a WIZ
chester rife, which was without
stock, from his house, returned to the
saloon and, standing just within the
threshold, raised the gun anu
calling out to Kelly, flake II back,
YOU son ola -,n pulled the trig-
ger. The contents entered helly,s
body and he fell TO the GROUND;
Without uttering a word, he died
within three minutes Afterwards,
the bullet having entered ,ns
right side and pissed out at the ieii
shoulder. The defendant was, I'M
medIately after the occurrence
placed under arrest.