Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-05-31
THE GARLAND
MURDER CASE.

Mike Fitzgerald was tie first wit
ness put on the stand by the defense
In the Garland murder trial this morn
ing. IN answer to questions by Attor-
ney straup he gave detailed descrip-
ton of the plan Of the oxford saloon
IFS interior arrangement and its sur
roundings. Fitzgerald said that he
was running a roulette Wheel and his
brother a poker game on the night Of
December g. The three men, Williams
Wells and Hopkins, were behaving in q
very noisy manner and when remon-
strated with by Garland. had said that
as they were in saloon they under
stood they could make as much noise
as they pleased lie said that Car
land had not used abusive language to
the boys, but Hopkins used some very
bad language as the three left the sa-
loon. and Wells smashed a cigar case
by striking II with his fist He said
that Mrs Garland had told him that she
had overheard the three men makins
threats to kill Garland. Soon after
this the three returned to the bar room
and Hopkins wanted to fight tore of
his coat and hat and threw them on
the floor. He used vile language to
Garland and struck him over the bar.
What did Garland do them"
"He struck at Hopkins with his gun,
n downward blow. The weapon went
or. the bullet striking Williams, who
was standing close TO Hopkins, over the
eve. ran for a doctor them
In cross examination by Mr.. Eichnor
FITZGERALD said that he thought he
would have seen a gun in Hopkln 9
pockct when he had his coat on, II he
had had one about him. Fitzgerald
said that he had been a carpenter by
trade but gave up his trade to run a
gambling game as there was more
money IN It.
The next witness was Walter Nit
chel, who was playing poker in the OK
ford saloon on the night Of the shoot
ing. Hopkins and his crowd came in
about 10 o'clock and scuttied around on
the floor aud made a great deal Of
noise They were asked four times
by Garland to keep quiet
In croys-pNamination Mitchell was
posltive that Hopkins had run about
The saloon IN his shirt sleeves, The de-
Tense had been trying to show that 1t
WAS only his overcoat that Hopkins had
taken off and that so IL could not be
seen whether or not there was "A gun
I'm his hip pocket He said that VIII
lians was standing directly behind
Hopkins M the time Of the shooting.
James Fitzgerald, who was conduct
ing the poker game I'm the saloon, was
next called. His testimony covered
tbe same ground as that followed by
the two preceding witnesses, and was
essentially the same. lie said that
Uopsius action was very quick at the
lime he struck the defendant so that
II was hard TO follow his movements,
lint lac was reasonably sure that Hop
lins mad reached down TO his hip pock-
al for a gun right after striking Gar
land.
fenaant. was next put on the stand.
ebe As trim. well dressed woman, and
wears gold-rlmmed speciacles. She said
hat she conducted a restaurant next
door 10 the oxford saloon.
Mrs Garland testified that while
standing at window IN the restaurant
she overheard the conversation that
took place between the three young
mon. before they went back into the
saloon one OF them had said that he
would 20 back into the saloon ana
ehoot the c. id S. Of b.. mean
ing her husband. she was positive
mat her husband had not said 10 Hop.
kIne right after the shooting. you
IA cur you are the one that shot
AZ and I'm sorry | didn't kin you" or
used any such language. In cross ox-
animation Mr. Elchnor got her 10 an
swer yes to the question that she would