Show I MORE OF THE MURDER Progress of the Trial for the Flaherty Killing CORROBORATIVE EVIDENCE Much the Same Dark Story RecIted by the Witnesses Yttnterdayaa on Wednesday The Ether case was continue Wednesday night ME DONAIIOE testified that he did not remember being in Dillons room at all th pght he was on the bed with the dead man when he woke up when Bert caein he passed the liquor to Leech hete Flaherty and then to me Th nestthat happened ws that Ethier was talking about shooting think he sad third d bastard about someone in Eu rdkk I said Oh you cant shoot He was mad and called me a dd Dastard Das-tard saying TAKE THE PISTOL AND DEPEND YOURSELF YOUR-SELF when he came in with it Leech took the pistol out of my hand held it i upito i the light and said There is no load in this pistol Whit do > you want to give a man an empty pistol for to uefeuJ tuuaeu with Right after he got the pistol back he covered me with hu gun did not tell Mr Davis that I snapped the pistol at him twice and that I wouM have got him it it hai gone off Fla betty sat on a bed with fold d hands until Ethier came up and shot him we all feat still we made no pflurt to prevent pre-vent it Ethier hallooed for Jack or some one to come out and eeenim Jack went out saw E hier come in by tha dead body QDid you not say before the Comm Com-m sioner that belaid right down on tie dead body stroked his head and cried ADout think I did tie went up to the body he made some kind of noisedont know that he cried Mat Eans came in in about twenty minutes after the shooting denied saving sav-ing before the Commissioner that man came in within two minutes after Etbier went out District Attorn y Clark appeared in the case Thursday morning Yesterday morning Thursday 27th the witness Jamei Donahue was orongbt out of jail and agamtook the witness stand for further crossexam ination The quarrel we Ethier and myself hadin the saloon that day I thought was just foolishness fi it CALLED MB A BASTARD I dont remember saying anything to him I said Hello you old s of a b you Vhe1 ho first came in he said Hello yon old bastard It was later when he said damned bastard I said yesterday that I called him a G d sofab he was probably angry I was justioshing am sure Flaherty was there at the caoin when Bert went for the whisky QWho told you the pistol Bert Ettiier had had some loads in it A I dont remember who it was I dio not swcsr before the Conirniisionpr that Wueeler said Ethiers pistol had two or three loads in it The defense offered the testimony taken before the Commissioner in the case as part of the crossextmination It was ruled ti At it might introduced later n the case RedirectThe charge against me in Silver City New Mexico in 1884 was manslaughter in the second degree had been drinking some the day ot the examination ex-amination before the Commissioner To defenseHad two or three drinks that day got it in a drug store here in Provo dont know which one GIL JOHNSON Was at Mammoth Hodow the day of the 7th was at Wheelers saloon in the afternoon of that day know Leech Flaherty Ethier and Donahue saw them in the saloon was that afternoon defendant said Flaherty I ONE OF THE LYNCHERS I said he wasnt He said he would see him after a while To CefenseFirst saw Flaherty at the Beck minein the spring he left Eureka before the lynching and did not return until aftersome two months at least I did not see him in town for two months I was working at Dragon Hollow Hol-low and lived at Diamond came into Eureka about 5 oclock and the lynching lynch-ing took place between 10 and 11 oclock tuat night sat on a fence in town while it went on It was 215 oclock when I entered the saloon that afternoon and saw the defendant Ethier and Donahue Flaherty and Leech looked at the clock on the east end of the saloon could not have been more than two or three seconds either way from 215 oclock Ethier and Donahue were talking about 230 as I had been thereabout there-about fifteen minutes Ethier came up to me and said there was one of the Ivnchers over there pointing point-ing to Flaherty who was sitting alone Ethier saidIll see him after a while I said he wasnt I did not tell of it until after the shooting occurred denied that Kthier made threats against Flaherty diJ not say so to anyone H C RENO annerinten et of the Mammoth mlae H ard of the shooting of Flaherty HEAED TWO SHOTS in tUlj evening were ten or fifteen minutes apart was about 700 feet away at my office up the hill knew Leech DonaLae and Flaherty Donahue had been drinking several days was discharged dis-charged and he got his time the evening of the shooting knew Bert Ethier was not employed by the company com-pany I had a conversation about ten I days before that in front of the office The jury retired while it was shown whether the conversation was material I It was in effect nbout the l yncheri trial Ethiersnid to Reno If any of them Irish talKs to you about me I will kill him I have a gun rot that purpose A lon argument followed when recess was taken On reassembling 2 pmthe argtr ments were concluded nd the Court ruled the evidence was not admissible in the present state of th case Mr K > TO wa cruiapxaimnnd Was in the office at be time I heard th shots paid practically no attention to them Donahue was laid off and discharged dis-charged when tie got his time the day of the homicide Flaherty was discharged dis-charged toe day before R V CONE Was justice of the peace at Eurefcn haul an in cttnvor deceased went over t Mnuuio HJ low on the night ni Augu t itti found a man lying dead anoth r lying be jide him apparently deai there were two other men there Leech anu Mansfield Mans-field there was a BULLET HOLE in THE FOREHEAD I of Flaherty and oniu the back of the head tber were powder marks on the face of the other man and a bullet hole in the wall to the left of his head JOHN LSEOU Lived at Mammoth Hollow saw l Flaherty on the night off of-f 7thin thr cabin tbt cabin belonged to Mr Wheeltr D lion and I rented the cabin from Wueeler about the lit of August there were three rooms we slept in separate rooms Bert Echier had been sleeping there came therein August he first asked Dillon if he could stay there I was in the cabin when Flaherty WitS shot Bert and I were in the cabin I was lying on my I bed Flaherty and Donahue came into me room and woke me up I sat upon the bed it was between 7 and 8 oclock I lit a candle Flatiertj sat to my left and Donahue to my right the latter was uretty full I asked Flaherty when he came to camp talked about going to work said Mansfield was his partner and was from Bl11 ham I said I would like to sue him and said it way too bad I had nothing to drink with that Bert came in and sate something about the bottle I said never mind wtl get some more I gave him s20 aud aked him to so after some whisky he was gone about httlf an hour when he came back ne was goodnatured I told him to I take a drink I then passed it to I Flaherty then to Donahue he was lalking to himself and I said take a drink it might stop your mouth a little Bert drank first after the drinking B rt said something about shooting Donahue said OH YOU DRY UP YOU OANT SHOOT Bert then went out and came immediately imme-diately with two pistcls handed one to Donahue and said You old bastard defen > yourself I grabbed the pistol and looking into the pistol saw it was empty and said Whatdo you want to give a man an empty pistol for to defend de-fend himself with I He raised the pistol and shot toward Donahue that put out the light and kind o stunned me I struck a match and reacued over towards the candle tick but it was not in its place I thought to myself what has become of the candle I foud a short piece and just as I got another light asecondshoc wa tired and put out the light Bert went out and shouted Leech for Gods sake corns and save mel |