Show IN SECOND DEGREE SO SAY THE IN TUE CASE the story of llie As told by the defendant on thursday neal slayer of hughes at park city was put on the stand he told the following tale I 1 am 35 years of age was bom in ireland I 1 came to utah six years ago next fall I 1 am unmarried and have no relatives in this country except some cousins in pennsylvania I 1 am a miner and have followed that business ever since coming to the country I 1 fint fin t worked in the coal mines in pennsylvania went from there to vancouver island from there went to arsan francisco where I 1 worked as a waiter then worked at mines in bodie california went to idaho where I 1 stayed for one summer then to park city and after working in mines there for some time I 1 went to work in the coalmines coal mines at grass creek from there I 1 went to frisco got leaded and came to this city alter getting well I 1 went to idaho again and finally went back to park city I 1 did not become personally acquainted with hughes until a year ago last december alien we were working at the ontario minei never had any difficulty with him prior to august ast 1st and had no ill will towards him I 1 did not know black jack murphy and was not in park city at the time he was lynched on the ast 1st of august last I 1 was in park city and was going around from one place to another I 1 took some interest in the election and was drinking considerably drank at peter hollands saloon whore I 1 shook brennan for the drinks I 1 then went to the polls got both tickets and voted after this mr newell asked me to go down to cupit brennann Bren nans saloon and we went down this was about 6 in the afternoon moffatt was in the saloon both times when I 1 went there the first time some heated words passed between us I 1 made some remark about mclaughlin and said oh a rag off pardner ho afterwards ter wards apologized and we took a drink on my second visit to the saloon some one said mulloy have you voted I 1 said that I 1 had and had done lots of scratching hughes said he had voted the straight ticket and I 1 replied that I 1 had voted for D C and thought that every irishman in park city ought to do the same in order to show the clique that was trying to defeat him that they could not run park city hughes inquired what clique do you mean I 1 said it can make no difference as you are not one of them he replied 1 thought you referred to the clique that lynched murphy and I 1 was on the train that took murphy from coal bille I 1 said I 1 did not know this and that he must know the men who were on the train he replied that the men were all masked I 1 said 1 I would know you toe if you were ra asked and ho replied if you say I 1 know them you are a d lying s of a b I 1 replied that I 1 might ba a liar but I 1 was not a s of a b and said you are a larger man than me and I 1 suppose you can abuso me he replied yes G d you I 1 can throw you over the house but to make matters even I 1 will meet you with anything from a toothpick to a cannon I 1 eaid if nothing will do but a gun fight you can have it but don out unless you are cheow vve then started out shears griec prevent joe from going but t said let joe go he is heeled they then went out and some one put a gun in my hand I 1 went out excited there was some talk and hughes started towards the door and put his hand in his pocket at this I 1 wheeled and fired one shot hughes was at least sixteen feet from the door when I 1 shot the witness hero located on the diagram tho position occupied by himself and hughes at the time of the shooting I 1 was not armed when I 1 went into tho saloon and never owned a pistol in piira city I 1 saw bennatt after the shooting and told him that the was fired down below T was terribly excited and probably did not realize what I 1 was saying I 1 am naturally nervous and at the time I 1 went into the saloon was under the influence of liquor hughes was a much larger man than I 1 standing about six feet and weighing perhaps pounds the scar on my right hand was received in bradford idaho on july ad when I 1 tried to separate some men who were fighting I 1 was only a spectator tho court then adjourned till next morning when the defendant again took the witness stand for cross ex his story was generally the same as in the direct examination but in somo parts considerable more detail was given he said the first time I 1 saw hughes was when we wore talking about the elec tion whan belaik ho voted the tt raight ticket though he did nofe like somo of tho men the first harsh words were use of by hubbes when be called mo a d d liar this was aheu I 1 said that if I 1 bad seen him on abo train masked I 1 would have known him bo said I 1 lied if I 1 thought ho knew anybody he used strong epithets also called ma abarr and a coward and not man euvagh to take ray own part he said he was a bigger man than me and could throw me over the house he offered to go out isido with anything from a toothpick to a six pound cannon hold him be could run no gun bluff on me be aked i I 1 was heeled and I 1 said I 1 soon could be he told me to got heeled we talked for some time ho was abusing me some one put a revolver in my hand while I 1 was standing there do not gave it to jae I 1 had my hand back of me was in the habit of carrying my hand that way over since I 1 was hurt I 1 put the pistol in my hip pocket did not examine it did not take it out till we wt upstairs and I 1 drew it to shoot hughes I 1 was very much excited after the gun was put in my hand an dHughes challenged me I 1 told him if ho wanted to fight I 1 was his indian I 1 meant by this that I 1 was ready for him ho then said come on outside I 1 said joe dont go out with me unless you are heeled he started and I 1 went with him he said ho could take care of himself someone I 1 think mr shears took hold of him to stop him I 1 continued out going past him T do not remember having called hughes a d d liar or coward I 1 dont know whether I 1 did or not we were both pretty gry and talked loudly heard hughes say I 1 could have it any way I 1 wanted it I 1 went upstairs to the platform up there shears told me hughes was willing to settle it and asked me to go back I 1 said I 1 was also willing to settle it and turned back part way down stairs met hughes and moffatt coming up tried to get hughea back and ho refused saying ho was going outside to kill fatt took hold of shears and said let joe go outside ho is heeled hughes then pushed past shears I 1 got g ot angry at hughes conduct and we all went upstairs I 1 did not know what I 1 was doing I 1 was so excited when I 1 got to the platform hughes was outside he had his right hand at his hip pocket I 1 rushed out und passed him wheeled around and faced the door do not remember what was said at the tune he had his right hand behind him when I 1 shot I 1 shot him because I 1 thought every minute he would shoot me the understanding der standing was that we would have a gun fight I 1 expected him to shoot me as eoon as 1 appeared he was outside of the door when I 1 shot him I 1 suspected he was going to kill me andl fired did not see him make a movement did not observe the effect the shot had on him I 1 was too ox cited he jumped back from the door and I 1 sprang forward I 1 then went back did not see hughes again dont know what I 1 did after that till I 1 saw sweeney outside a few minutes later policeman bennett came up and spoke to me I 1 do not know what he said or what was my reply I 1 started down the back street and had gone but a few yards when bonnett came and arrested me I 1 do not know what I 1 said to liim to the defense when I 1 shot hughes was nearly facing me with his larul on biship pocket at the opening of court saturday morning john marshall esq addressed th ejury in the mulloy murder trial on behalf cf the defendant he spoke for over an hour and a half and his argument seemed to carry great weight with the jury ho was hollowed loll owed by assistant district attorney dark who made a masterly resume of the evidence on behalf of the in a two hours talk judge zane then charged the jury and at pm the jury retired after being out a little while they sent for the statute books to ascertain what the punishment was for the various grades of murder but of course the court refused to allow the books to be sent there it being contrary to law to allow the jury to take any legal literature to the jury room after deliberating two hours the jury returned with a verdict of murder in the second degree with a recommendation men dation to the mercy of the court the penalty for this crime is imprisonment in the penitentiary for not more than fifteen years and not less than five years counsel for the defense were given until today to day to prepare their bill of exceptions in case they should decide to appeal the case to the supreme court |