Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-08
RAYMOND's BAIL.
II Il Fixed By the Court At twenty
Thousand Dollars.

mond, vino Is awaiting the action o
3 the grand jury on q charge Of muir
derir g Mickey O'Brien. The prose
cution was represented by Assis,an
United States District Attorney
= Critchlow and County Attorney
Murphy.
> II will be remembered that, 8
week ago, the def-aaE=it's counsel
presented certain afliiavits to Judg,
Zane on which lie based his applica.
ton for Raymond's release; but af.
ter hearing Mr.. Varian and Mr.
Murphy, his Houor held that before
: giving his decision in the matter
the eyewitness to the tragedy
named in such aflidav.ts must at
D tend before him aud he examined on
I oath.
Judge Powers called Frank KEEL
ley, who WAS in Raymond & John
sons siloon at the time of the
J tragedy. He detailed the circum-
3 stances leading up TO the trouble, a.
already stated In the evidences before
the police magistrate. During a
wrangle arising out Of q game OF
pool O'Brien, the deceased, used
Objectionable language towards a
man named Morrisey and another
: Raymond said TO him "rhose are
friends and customers Of mine; let
them alone to take care Of them
selves; will not have them
abused" O'Brien became angry
and snapped his fingers in Ray
mond-s face. Hard words followed.
Raymond said op'Brien, mickey,
you should not talk Ike that to me;
have been more like a brother To-
you than a frieni." O'Brien made
use of an irritating expression,
struck O'Brien. knocked him
down, and then threw n glass at
him. Witness next heard shots
fired, but did not actually see the
weapon discharged. He was In
Raymond's employ a. the time of
the shooting.
To Mr.. Critchlow witness said
that Raymond did not strike back
when O'Brien hit him. He did not
see q revolver In Iesymond's hand
until The shots were fret. When
the revolver was discharged Ray
mond was on the ground. Witness
denied that either OF the three shots
Was fired before the scuffie and the
throwing Of the glass.
Charles Il. Rimmeil, bar tender to
Messrs. johnson K Raymond Mt the
saloon in question at the time Of the |
tragedy, corroborated in the main |
the testimony Of the l1st witness in |
regard to the disturbance there. |
O'Brien interfered punecessarily
with two Of the customers and |
Raymond demonstrated with him. |
O'Brien then called Raymond ga |
pup AMI ga coward" and said |
that IL he was worth shaping he
would strike him. Raymond told |
him not to talk like that to one who |
had been more like a brother to |
him than friend. O'Brien slapped
him several times, then raised his
hand and threw something at him. |
The broken pieces Of glass were
afterwards picked up on the flor.
O'Brieii, who was Intoxicated, had
hold Of the other man by the neck,
and knocked him down. O'Brien
kept following Raymond up as he
81 apped him in the face, while the
latter was Teceding. O'Brien fell
after the third shot.
To Mr.. Charlottesville revolver
was usually kept in n drawer be-
hind the bar. Raymond was not
near the drawer when the glass was
thrown at him ami he fell. The
revolver was in bis possession at
that time. He could Got have
reached it out Of the drawer from
where he lay.
Morgan RowlanGs, an employe Of
Raymond and Johnfon, said he
wa, serving behind the SILICON
bar on the night OF the tragedy,
when C'Brien began to interfere
between Morrissey and his COM
psnion. Raymond said TO him,
"Miekey, those gentlemen are
wrangling between themselves and
you must leave them alone"
O'Brien "got hot' and began TO use
some rather hari words towards
Raymond, saying among other
things that he was '.not werth
slappiny." Hesnspped his fingers
IN Riymond's face several timcs. |
Raymond was then standing behind |
the bar and O'Brien in front Of it. |
O'Brien told Raymond that lie
could whip him or any man in his |
employ. Witness jumped over the
counter and went outside the premis-
es when the disturbance had gone |
on for some time. AS he LEFT the bar |
he heard three shots fred; between
the first and the other two reports
there was short pause. O'Brien
vas intoxicated; witness had served
him with call Of twelve drinks" that
day.
Cross exanine.i-Ue rnn out Of
the aalcoh because he had often
heard that o Brien was s.very ugly"
when drunk. He did not see n
pistol in Raymond's hand.
George Binder gave evidence As
to O'Brien slappiug Raymond in
the face and using Irritating laugu-
age towards him; but lie did not
see the shots Cred, having just be-
fore left the room.
Another witness named Nelson,
who was in the saloon on the night
Of the occurrence, also testified rs to
O'Brien's interference with Nor.
rlsey and his companion during the
dispute. He saw O'Brien 20 inside
the bar and strike Raymond twice.
He also had hold Of him by the
throat; Raymond fell to the floor.
Three shots We're soon afterwards
fired; Raymond threw the revolver
over the counter AMI witness picked
l. up.
In crnss-eSamination the witness
said he heard Raymond tell O'Brien
that he was the proprietor Of the
saloon, and was quite capable Of
running it himself. Some men in
the saloon, whom he Ill not know,
had threatened since the tragedy to
'shit him in the mouth' for what
he had already testified in this case.
Charles Beamer stated that when
O'Brien, referring to Iorrisey and
his companion, said s'Let them
fight, Raymond remarked, "They
are oil friends, oli-.imers. aud 10
not want 10 hght.n O'Brien be-
gan 20 tell what lie could do ia the
matter Of fighting Raymond, or
anybody connected with him. He
saw O'Brien throw his lantern at
Raymond. The rattling Of bottles
followed; witness thought there
was going to be "bo;tic-fight, and
rushed out; at this moment shots
were fired.
F. w. Brennan was called by
! Judge Powers TO speak as to the
, generally peaceable character Of the
deceased; also the quarrelsone M
ture of O'Brien when under the ifft
firence Of drink. .--
= %>-- = - : 49, - - -
t,lthe Introduction Of srci evidence
ss being beyond the scope OF the
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