Show HECD WITHOUT BAIL I The Result of the McMan namy Investigation HE OFFERS NO EVIDENCE Tbe Evidence for the Prosecutior Dickson and Bench The Arrest and Killing The announcement that the preliminary pre-liminary examination of Rosa Mc Mannamy charged with tha murder of Charles Stokes on the evening of Saturday last would b3 held in the Grand Jury rooms before Commissioner Pierce drew out an interested audience audi-ence yesterday morning filling the room and overflowing the hallway Mr Dickson appeared for the defendant defend-ant and Mr Peters prosecuted Register Webb who it is said is a particular par-ticular friend of McMannamys family sat near the defendant and engaged in an animated conversation with him for some tme The defendant appeared to be considerably more at ease than when he was arraigned on Monday Mon-day last and maintained a quiet demeanor de-meanor throughout the day DB JOSEPH S RICHARDS was the first witness called by Mr Peters Pe-ters Had been a practicing physician for fourteen years was in Smiths drug store on the evening Stokes was killed Between 9 30 and 101 was near the drug store saw three men go in and heard Mr Smithrequested to telephone tele-phone fore the police the man in the center was struggling to get away from those who were holding him I then heard three shots and Stokes Jell I did not recognize McMannamy as he was taken away while I was examining the body I found two bUllet holes near his heart and one through his wrist I said That accounts for all three shots and made no further examination because I had found the man was dead The shots were fired as rapidly as possible all within a couple or three seconds the man who did the shooting was not over twelve inches from Stokes Bench had hold of I Stokes by the coat laopel Stokes was in the act of striKing McMannamy when the shot was fired the shooting took place within eight or nine feet of the door the only parties I recognize as being present are Mr Smith and his two clerks did not see the pistol used but saw the flashes To Ma DICKSON do not know whether McMannamy had hold of Stokes or not when he commenced struggling he turned and faced Mc Mannamy he was partially between Stokes and myself the struggling was not very violent there was nothing in Renchs appearance to indicate whether Bench had hold of Stokes or not not a wora passed between the menl am very sure of that Stokes was a powerful man of nearly sir feet in height I was not anticipating any trouble but I do not think I could have observed them any more intently than I did MoMan namy did not have a pistol in his hand when he entered the store he must have drawn it afterwards Stokes may hav strUck him but I did not see any blows from either the struggle did not last more than ten seconds befora the first shot was fired I dia not know any of the parties when they came in I supposea they were two city police A C SMITH Was in my drug store Saturday evening even-ing on the occasion of the shooting Bench Stokes and McMannamy came ir at about 930 Bench threw up his hands and said Smith telephone for a policeman I said What and he repeated his remark Bench had hold Stokes by the collar or lappel of his coat McMannamy had hold of Stokes by the right hand and was struggling as I started toward the telephone just then I heard the shots I had gone about three steps toward the telephone when the firirg commenced when Stokes fell I started toward the door to keep the crowd out dont know who did the firing and I did not see any pistol there were no words exchanged between the three menbefore the shots were fired do not know how long Stokes lived after he fell McMannamy taken out of the back door of the store Stokes was struggling and endeavoring en-deavoring to get away from Bench and McMannamy Stokes had his left hand raised as though in the act of striking To MB DICKSON I was about halfway half-way back in the store when the men entered Bench was first Stokes second and McMannamy last the three shots were fired as rapidly as they could be Stokes was somewhere about six feet in height I should judge I was behind a glass case when the first shot was fired had no conversation with Mc Mannamy DANIEL W BENCH Am a deputy marshal and was on last Saturday I am about 5 feet 11 now and weigh 180 pounds did not know Stokes previous to the trouble have known McMannamy two or three months I first saw Stokes to know him in the Wasatch hallway Saturday evening even-ing there was considerable quarreling going on between some people called Marsden and McMannamy they were calling one another names ana I stood there to watch the ontcome the quar L L n reling nao oeea m progress some twenty minutes when I interferred when they commenced struggling I went forward to separate McMannamy and Marsden when Stokes came up behind be-hind me and choked me placing his knee in my back and getting hold of my neck someone came up and took him off and after he had banged me every way and which way I got the best of him and took him to the door he wanted to know what I intended to do with him add I said I was going to take him to the City Hall I told him I was consider an officer Stokes struggled ably and McMannamy followed j it appeared ap-peared that the defendants presence was not appreciated by Stokes and 1 told McMannamy to go back I do not know whether he heard me or not Stokes then went quietly to the corner and then asked me where I was taking him I said to the City Jail he objected to going saying he would not be disgraced by being put in jail I had hold of him all the time I went into the drug store and asked Smith to telephone for a couple of policemen that I had a prisoner for them he did understand and I repeated the re I > r quest it was then heard the first shot 1 do not know who fired the first shot I McMannamy fired the other two the two that took effect in the breast I saw the gun in McMannamys hand Stokes fell gasped three times and died when I the firSt shot was fired a small man with a dark moustache jumped backwards back-wards out of the door when I called for Smith to telephone I had hold of Stokes he was struggling some do not know whether McMannamy had hold of Stokes when we entered the drug store no words passed between I be-tween us after we got into the store the only resistance Stokes made was in drawing backin holding back if he struck me I did not feel it I should judge that he had been drinking some the Marsdens and he were apparently ap-parently on friendly terms in the hall I heard some disconnected talk about protecting a blind man but I did not hear enough of it to give a connected statement To Ms DICKSON had not been drinking on that day to any extent I had probably taken two or three drinks during the day I was not drinking freely I had not drank enough to befog my mind or affect my memory I saw all that have stated here and heard all that I have stated I bed been near the hallway about fifteen or thirty minutes before I started to make the arrest Judge Norrell was on the south side and I on the north side of the door leading up to the courtroom I court-room the quarrel was not going on all the time we stood there but we were there all the time it was going on the Marsdens and others were doing the quarreling do not know whether Stokes was there all the time or not heard MoMannamy say Boys you cant take me for no coward and I want you to let ma alone they then went nearer the steps and I did not hear what followed McMannamy was standing near the door when he spoke these words he might have said Lookout Look-out what youre doing here but he also said I am no coward heard someone call McMannamy a coward somebody said something about putting a hole through somebody else but who it was I do not know McMannamy was back at the stairway when Stokes clinched with me he was not at the doorway when L started back to make the arrest I was sober have known the defendant defend-ant for about two months think a great deal of him I supposed McMan namy knew enough to take care of himself him-self Then followed a long and dreary crossexamination in which nothing new was elicited Rench endeavored to show Mr Dickson how Stokes choked hinijand was sS much in earnest about the matter and squeezed so hard as to cause the attorney to admonish him nottodo it againto which Rench replied That isnt anything to what I got There was evidently considerable consid-erable feeling between the attorney and the witness and they made quite a fund of amusement for the audience in attendance during the later portion of the examination Mr Dickson then sent for a copy of the News of Tuesday containing the testimony of the witness as given before be-fore the coroners jury on Monday evening The witness denied some oft of-t e statements contained in it saying that theywere given as direct statements state-ments when he merely intended them for hearsay evidence JAMES MABSDEN Live at Taylor3ville < was in the Wa satch saloon Saturday evening last defendant de-fendant was also there there wore twenty or thirty other people present among them my brother Amoa Stokes and Robert Fryer I asked some of the boys to come up and have a drink some of them I knew and others I was acquainted with I threw part of a glass of oeer at my brother by way of a joke and the next thing I saw was that Amos and McMannamy were haying hay-ing some words and I was told that the defendant had threatened to fill my brother full of holes they were then outside in the hallway and when I came out they were up in the southwest south-west corner near the street entrance I caught hold of McMannamv and a rough and tumble followed I do not remember much of what occurred as I was under the influence of liquor to some extent heard McMannamy say something but do not remember what it was I do notremember I next heard that Stokes had been arrested and Fryer Amos Billy Morris and myself had made up our minds to go and rescue Stokes from the officer I then heard the two shots fired and a minute later we heard that Stokes was shot we went to the drug store but couldnt get inTo in-To MB DICKSON Came to town Saturday Sat-urday morning and was in town all day was drinking some had been in the saloon about half an hour when the row occurred Morris had been with us about an hour before the shooting we had had several glasses of beer during the evening 1 was considerably muddled mud-dled bnt remember all that I have testified tes-tified to heard my brother say to the i defendant that he did not want to be filled full of holes lam pretty sure I heard that remark I did not make any inquiries as to what that meant I do I not know that I heard McMannamy make any reply after that my brother and McMannamy went out into the alley Stokes was in the saloon I do not know where we first met him I intended togo to-go home about 6 but fell in with the boys and remained I drank but little before 4 oclock I did ijot see Stokes placed under arrest I think it was the bartender who told me about the arrest ar-rest we did not intend to take Stokes awav from the officers by force but bad money to get him out on to go security with I am sure McManamy was in the southwest corner and my brother was standing near him do not know whether they were face to face or not there was another man not far away I know it was McMannamy he had alight a-light coat on light in quality and color it was not a dark coat if the defendant wore a dark coat it was col the defendant defend-ant up to the time I walked out and took hold jMcMannamy there was no indication of a fight when I grabbed him a general scuffle followed and I do not remember much more until I found myself going into the saloon again I have talked with Amos and Fryer about the case AMOS MABSDEN Was in the Wasatch Saloon at about 9 oclock Saturday night saw the defendant de-fendant there my brother threw some beer at me and as I dodged I bumped McMannamy when he said Look Ill fill full of out youn < fellov or you holes I faced him and atked him what he meant telling him he should not talk like that I do not know what reply he made he went out and Ifol IJwed him he told me to keep away that he was HO coward my brother came out and grabbed McMannamy by 0 = 0 the coat Bench then came in and grabbed my brother Stokes then grabbed Bench Billy Morris was out there with us I law Stokes in the saloon about ten minutes before the trouble occurred I saw R9nch taking him out of the door and ooon afterwards after-wards we heard that he was shot Mc Mannamy went out a few seconds ahead of Reach and Stokes To MP DICKSON Am 22 years of age am not in the habit of getting drunk it takes a good deal of liquor to affect mea me-a four gallon keg would probably have the desired result I was not drunk on Saturday I remember evervthinethmn occurred I believed that McMannamy meant what heeaid when he threatened to fill me full of holes that was the reason I followed him out dont remember re-member what conversation we had in the hallway it is not true that the scuffle commenced near the stairway I did not know Bench was an officer < McMannamy went out of the door before I be-fore Bench and Stokes they did not have him in between them To MB PETERSI do not remember everything that occurred that evening but do remember all that I have said THE PROSECUTION BESTED at this point and Mr Dickson had a I few words with the defendant f MB DICKSON You are not going to put on Mr Norrell then 1 MB PETEBS No MB DICKSON thought in justice to the defendant he should have been put upon the stand as he saw the whole matter and was duly sober hile some of the other witnesses were drunk Mr Dickson had no testimony to offer of-fer at present he said and Mr Peters claimed that the defendant should beheld be-held without bail The Commissioner saw the matter in the same light and ordered the defendant defend-ant committed to await the action of the Grand Jury bail being refused |