Show THE PARK MURDER A case that appears as if mulloy follow hopt the preliminary examination into the charge of murder against neal who shot U G J hughes at ai tark park city on the evening ol of august 1 commenced before commissioner nor rl rel yesterday afternoon alter C yf zane Di district attorney appeared tor for tile tae prost prosecution cution and attorney A ala for the defendant t the first witness called for the prosecution was policeman W li bennett bearett Be anett of park CUT he testified ley titled that on the evening of august he be saw and john T sweeney in the ot cupit bren hana saloon he had bad been drawn to the place by the sound cf a pistol report hf he had bad said who did that bt looting sweeney answered bhatla what were looking for mulloy said the shooting oce occurred burred in a saied aued near by and had started for thab beed when be met in t shear and out of the year rear of the saloon they bad told him to arrest mulloy Y aud and he turned back to do so but u boy wim wati missing he followed him up and out on toe street finally overtaking k ani ini and baying to him mulloy Mul loj it wab waa you fired that shot 11 mulloy answered it was nit he had bad his bis hand band on his side pocket and witness said take hand baud out of your pocket mulloy ansot reo reit that ue 1 had t got he be toot took out a pistol irom from his bis p pocket 0 ceet when wit witness insisted witness said thought you said you fire that shot ho he the d a ton con of a h h we me out and ill vo so out with anybody that chali challenges enges me binnett bennett said there was a good deal of excitement and mulloy asked for protection tec tion I 1 said raid I 1 would do so aud and I 1 took him past the crowd the revolver had bad five balls in it one chamber empty the pistol was here produced and identified later on that same evening I 1 saw jo hughes lying on two tables in the saloon this was about fifteen minutes after I 1 fiade the arrest hughes had bad a bullet hole in the left breast above the nipple jae be was still alive then saw him dead on the ad on cross examination the witness said he be had bad in his bis possession at the park an american bulldog bull dog pistol said to have been found on the be table where hughes was laid etwas it was loaded full up tom cupit gave him the pistol saying ain this was found on the table after hughes was taken off dr eugene le compte testified that when he was called to cupit bren nans saloon he found hughes on the floor supported by one or two men apparently gasping his bis lust last he bao baa h him I 1 in laid on the table administered brandy and did everything possible to revive him there were half a dozen people in the saloon and a large crowd at the front door there was something taken out ot of hughes back pocket but witness was rot not sure what it was after ten or fifteen minutes hughes was put into a wagon and taken to his home he lived just 48 hours and was conscious most of the time until about two hours before lie he died A post mortem examination resulted in finding the bullet in the right side of the body on cross examination the witness was judge cupil and some one else who removed the object from hughes pocket bocket witness thought he was going 0 n to die at once As they were taking ta in him han away in a wagon a catholic cacholi priest jumped into the wagon wa go to to find out whether he vaa an a catholic or not but hughes was not able to return auy any answer witness could hardly say eay H nether whether theman the man who fired the shot was on en a level levei or hotl with hughes but the wound ranged slightly downward hughes was a very strong man 6 5 feet 11 inches high and would weigh pounds john S gibson and oscar L hartwell heard beard the th dispute between mulloy and hughs hughea in the saloon and saw them go out they also saw sweeney hand band mulloy malloy a pistol did not see the hooting police justice F E james testified that apo alast inor tem examination had been held heid at his request as acting inting coroner the bullet had bad been found in two pieces the ball was produced and identified an adjournment was then taken taked until 10 am a in today to day this morning edward A shear was the first witness he testified I 1 live in park city am a carpenter and builder have lived there since war waa there on august 1 last was acquainted quain quata ted with G J hughes know neal mulloy mallo on august 1 in the evening I 1 saw valloy mulloy and hughes in capit brennann Bren nans saloon did not see them come in the first I 1 remember noticing was wag when hughes and mulloy were talking lat at the bar there were several others there I 1 heard beard mulloy and hughes discussing some ome subject s ab act the first words I 1 noticed were when wh en mulloy M alloy said you were on the t h et train r a in and a nd with the crowd that took jack murphy and lynched him hughes replied yes I 1 was on the train but not because I 1 I 1 wanted to be I 1 was forced to go mulloy said you toa must have known all the men on that train or that had bad a hand band in it hughes answered bixb no I 1 did not know them mullo mulloy then exclaimed youre a d da d liar hughes said no I 1 am not no a liar how could I 1 know bem when they were all masked mulloy again spoke you knew them all and youre a d d liar and a coward I 1 I 1 then stepped up and remarked that hubbes u es was no coward nor did I 1 nh think t gk mulloy was one I 1 tried to separate them mulloy again exclaimed to hughes hagbers youre a d d liar and a coward you yoa can come out and settle it the crowd then started out of the back door mulloy called out to hughes 1 I may not be as good a man as you in one way but I 1 am in another hughes answered you can have it any way ou on want it the they then went out aloy mulloy in the leal lead I 1 came next and was followed by hughes highes and the crowd went along the alley and up the stairs to the flo oat atlig 9 platform lat form on the hill side and at the tack back of the cellar behind the saloon the platform is about 6 x 8 feet and is ib covered it slopes toward the steps ate ps we went out of the door which is about two feet wide mulloy went out first I 1 saw moffatt and sweeney there I 1 had bad been trying to persuade hughes not to quarrel finally I 1 told moth oth of them it was no use ude to go on that way and asked them to let the matter drop they both agreed to do this and started hock hack as aa they were going aid Illie ill let tit it drop but I 1 would have bellied it outside mulloy exclaimed exclaim cil well you ds rac of a b come out and sit tie fleit it hoghes was then iu the door at the platform aud mull ay iy outside 15 to 20 feet away mulloy drew his hid pistol and hughes seeing it jumped camped through the door knocking me out of it and started down stairs mulloy malley walked up to the door pistol in hand then alter after a momentary pause put his left hand on the side of the door looked down the stairs on the other side and fired he then came back 10 or 15 teet feet towards the back street and stopped I 1 followed him and aad asked him what ne lie was doing he moved me back with oue one hand the pistol was in the other say saying ing I 1 I 1 ed keep away f from torn me I 1 I 1 I 1 kept approaching him and he said ed G d you dont you come another step or ill 11 the rest I 1 could not bear I 1 then stopped I 1 was alo alongside n aside of mulloy malloy when he fired he was in the door I 1 was between the parties when hughes went through the door did not sev set hughes when the shot was fired and dio not know auy apy one was hit mulloy was 15 or 20 feet from the door eben he drew b h s pistol hushes hughes jumped in and never came out again I 1 next saw him on the floor floo r inside of cf the saloon the door is to the right of steps going up and fo four ur or five feet away four foar of us ILic including lading Swe euey went out mulloy did not go back inside of the shed when we were coming up he was in the front with sweeny I 1 was waa with hughes trying to keep him back I 1 never saw sweeney on the stairs but in the saloon and again at the head of the stairs the men did not stop on ane platform I 1 went out of the door ahead of hughes he and mulloy talked up there about the difficulty I 1 did not think there would be any row or trouble I 1 thought it would be settled all right I 1 never saw the pistol till mulloy drew it there was no other weapon drawn and only one shot ahot was fired do not know where sweeney was when tile the snot was fired I 1 stopped when mulloy threatened me I 1 went to the head of stairs and was told that hughes was shot I 1 asked bennet to arrest mulloy and he lid did so this was before I 1 went down into the saloon when I 1 went down hughes knew me and spoke I 1 saw the wound in his breast this was about five minutes after the shot was fired his shirt had bad been torn open I 1 remained with hughes till about 10 pm we took him home after the doctors came and examined him he has a residence in park city he be was conscious up to the time I 1 left he was about forty beals of age I 1 was not present when he died the last time I 1 saw him was the day before he died I 1 saw nothing taken from Hu hughes glies pocket while hi he was in the saloon he be made no motion to draw a weapon that I 1 know of he be conid have bave done so without my having seen it he ju jumped pe back ac t through rough the door doer beha only ta taken eu t two 0 steps outside when he ju jumped pe back bac an and through the door nothing way as sal said about guns between the men witness was closely cross examined but his bis statements did not vary james stephens testified on august ast 1st I 1 was lt at ahe saloon was acquainted with hughes saw hi him in and mulloy in the saloon saw them go out and followed them moffat tand and shear went out with them mulloy hughes shear moffatt aud and others went up stairs I 1 only got up about three steps when hughes returned going downstairs down stairs sideways I 1 saw the men at the head of the stairs heard the shot at hughes he be fell int inta my arms saying baying jim I 1 im shot I 1 mulloy was at the head bead 0 of f th the e stai stairs rs in the doorway I 1 saw no one else at t theotime the time iwas I 1 was playing cards when the quarrel was going on huches had bad nothing in his hands bands when he fell nothing was said before the shot i t pulled him into a doorway till mulloy went away when I 1 took him DIM into the saloon I 1 was the only one to help him there he be fell in the saloon this witness was evidently under the influence of liquor and was excused he was recalled however and admonished by the commissioner not to drink anything until after the close of the examination this aft afternoon anoon when it was hoped be would b be e ina in a better condition to testify james berry of park city testified that he be witnessed the shooting from about 50 feet away but could not hear what words passed between the men at ac adjournment was then taken till till this afternoon at the close of the examination this afternoon commissioner norrell held mulloy without bail to await the action of 01 the grand jury on the charge of murder ile he was waa taken back to the penitentiary |