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Show of the tragedy he was called to attend the deathbed of Richard O'Brien, who made a statement to him. Judgo Towers denied the admissibility admissi-bility of tho evidence. Overruled. It was between ! and 10 o'clock when he was eallod to administer the right of extreme uuction. Mr. Varian Is there a right of absolution ab-solution accompanying that? Father Fitzgerald I cunnot answer that. Judge Towers I think the statute would support his position. Mr. Varian I'm no desire to press the question. Captain Greenman was called to the chair and testiliod that he had visited the hospital on the morning following the tragedy. He saw O'Brien dying on a cot. lie was accompanied "by Marshal Young and Fred MuGurrin, "tho stenographer. The object was to take down the suf- ON HIS JYING BED. Mickey O'Brien, the Victim of Raymond's Backless Aim Tells How Ha Met His Death, DEFENDANT'S THEORY DENIED. A Question of Credibility Between the Living and the Dead Progress of the Murder Trial Everything in court circles at this time is overshadowed by the struggle of Frank Raymond for his life. Civil matters have been temporarily shoved asido and dropped to tho fact of the docket. Human lifo however should lorer s statement, lid took Ii is position at the cot and grasped O'Brien's band. O'Brien did not recognize him but said he was suffering fearfully. He asked him if he felt that he could talk to him. Said he could talk a little, but not much; he said; 'T know I'm a goner and haven't long to stay." Said he thought he could give' an intelligent in-telligent statement and on the strength of that assurance he administered the oath and took the dying statement. Cross-examined Witness did not deem it necessary to have the stenographer steno-grapher take down the preliminary conversation with the dying man. Fred MuGurrin, the stenographer, testified to having accompanied the preceding witness to tho hospital and to having taken down the statement, the transcript of which he identitied. The dying declaration was offered in evidence. Judgo Powers interposed an objection, objec-tion, contending that the copy of the statement at its best wasnothing nioro than secondary evidence. The objection was overruled and As- always tower above human groed for lucre. Kaymond is, to all appearances squirming in the scales but he will never be convicted. Why? He has too much testimony and the enemy is dead. Toor O'Brien left his dying statement to posterity, tho law and aveDging justicethat jus-ticethat was all. He also left a charge with the conscience of a jury and the integrity of the witness both beginning their work yesterday afternoon after-noon after the former had, with much difficulty, becu secured. Doctor Fowler, who attended O'Brien after he had sustained the fatal wounds testified at length concerning the effects of the shots. He carried a ghastly block of, bono from decedents hip in which the bullet was imbedded and which was introduced in evidence. Doctor Field was also examined but did not make sullicient enquiry into the case to go into any lengthy report of the case. irni: t. - i- - I sistant United States Attorney Critch-low Critch-low read tho statement that sets forth that the shot was lired between the bar and tho wall; two shots were lired; deceased de-ceased knew of 110 reason why Kaymond Kay-mond had done it; they had always been good friends, the deceased having resided there for some time; he had been joshing over a game of pool as was customary with thein; present at the time was Bill Johnson, Murphy, the bar tender and a large number of others; defendant said ho was going to do me up or something; he w ent over to a chair and said: "I guess I'm done for;" McGowan was there and several more; ho was in great oain that started m imam nesi, who was living wun Hegney on the occasion of the tragedy, said he was standing at the end of the bar but heard no words or saw no premonitions of an approaching battle. Tho first thing that aroused him was the report of a six-shooter and he took to his heels. ' James K. Dobbins was playing fool in the saloon at the time of the fatal altercation and saw O'Brien enter while the defendant was behind tho bar. His opponent in the game was a man named Morrissey. Morrisscy's little boy came after him, in about twenty minutes after the the wound was sustained; denied having hav-ing hit Kaymond with a lantern; made a move to'strike the defendant with his open hand after the lirst shot; didn't have the lantern in his band when the shot occurred; had always been good friends with Kaymond; never had any prior difficulty with him and expected ex-pected none when he entered the saloon that night; knew him for eight years having met him in Evanston, the defendant having worked for his brother; defendant had trouble with a tailor in Ogden; ho always carried a gun to protect tho express car. Marshal John M. Young was next in the chair and testified to the arrest of Kaymond by Officer Thornton w ho took him to the chief's office; the gun with three loaded chambers and three empty ones was introduced. Defendant made a statement to him, in which he stated, "Well, I guess you've got me this time; and the witness was urging him to go. Morrissey applied an epithet to witness w hich O'Brien took up, saying: "Who are you calling a son of a b h?" Kaymond Kay-mond spoke up and said: "Let them alone; they are friends." O'Brien had then called Kaymond a name, and said if ho was worth hitting ho would slap him. The witness did not think the quarrel was of a serious Dature and paid but little attention. At the time tho shot was fired the witness was not looking at Kaymond or O'Brien, but was trying to get the man Morrissey to go home. Ho noticed when O'Brien went behind the bar that he had his lautern with him. He heard a noise as if beer glasses were being thrown, but did mrt see them thrown. James Hegney was next called but he was absent and James Murphy mounted mount-ed the w itness stand. He was boarding i just, snoi a man uown ai tne saloon." Mr. Varian announced that Sheriff Burt would be called to open the afternoon after-noon session and court adjourned until ' o'clock. with Hegney and saw O'Brien and the defendant in conversation. Ho went into the dining room to choose a fugitive fugi-tive sandw ich when he heard the death knell from Kaymond's gun. Bushing to the bar room he saw O'Brien staggering stag-gering from the bar and heard him exclaim: ex-claim: "I'm shot!" He assissted O I'rien to a chair and was told by the wounded man that Kaymond had shot him. The prosecution cited tho fact that Alf Bennett and William Halstead, two witnesses on whom it had depended, were absent from the city. Hegney now materialized and testified testi-fied that Bennett and Halstead were both out of the city, and, in view of this, United States Attorney Varian offered the depositions of the absentees, to which Judge Towers interposed vigorous objection, and notified the prosecution that he would anrue the point this morning. Hegney was then permitted to proceed. He went into the saloon after the shooting and saw O'Brien in intense pain. He wanted someone to kill him, and said he did uot know why Kaymond had shot him. Tbla Sfornlng'1 Seloa. There was standing room only in the spacious auditorium this morning morn-ing when the second day of the tragedy was opened. Tho pending pend-ing question, as United States Attorney At-torney Varian submitted it, was the objection of defense to certain depositions deposi-tions based on the alleged unconstitutionality unconstitu-tionality of the statute. It was upon this that Air. Varian opened proceedings, having previously armed himself with a cascade of authorities au-thorities that were presented in support of his position. The spectators didn't want law and log however. They wanted tragedy and it finally became necessary for KailitT Sprague to call their attention atten-tion to the rules while tho prosecution proceeded with the argument. Judge Towers replied at length to the prosecution, and it was 11:30 before ar- gumcnts were concluded and the motion reached Judge Zaue, who overruled the objection and ordered that the deposition deposi-tion be admitted. The testimony was then proceeded with. Rev. Father Fitzgerald taking the stand and testifying that on the night |