Show EMMETTS MURDER the close of the jn the case sensational appearance IN THE COURT he tells of tho italian blowing ilia les yesterday afternoon alie italian murder trial was resumed the defense recalled fowler and asked him if defendant when arrested pave any reasons for his resisting the sher alf stated that bethought he did that he said hy look us for a mob to V i called out to him and tod we were officers leburn butts was recalled by the prosecution he said I 1 saw defendant after alie killing I 1 was out two or three days looking for him and saw him at castle gate lie had a rifle I 1 got as near as seventy five yards to hiim he saw me and asked what I 1 wanted I 1 told him I 1 want anything laughters john D ashton a jail bird ac years of aw was sworn for the defense ha said I 1 waa in the jail some time ago when like cunningham talked through the grating to some man inalda the j jail the man asked cunningham what he as in provo for and lie replied 1 I am r witness in alie italian murder trial lie you going to do a bout it cunningham replied 1 I am going boget the a of 1 b of a dago shot or killed if i can cross examined I 1 only saw cunningham eliat once I 1 have been in jail on and air ever since I 1 was a little boy I 1 am now in jail for robbing a store cunningham was talking to a man in jail named thomas conley dont know whether the mans name was cunning ham or not would know him however if I 1 was to seo hiim sheriff fowler was detailed to go in quest of cunningham that the boy might recognize him after a lapse of tan minutes cunningham appeared in court and was recognized by the witness ashton mr evans hero stated that through neglect on the part of the officers the man obreen could not be found the prosecution then announced that they would have to rest the defense opened by the defendant taking the stand A map showing the grounds and surroundings of the oliero alie murder occurred was nailed on the board the defendant said I 1 am tin italian 31 years of age was naturalized in kansas city mo came to utah july this year worked on the railroad in price canyon had a camp there knew the Irish mans camp it was a mile from our camp the witness here described the situation of the saloon and the grounds around it continuing alie witness aid ho went to tho saloon about 2 on the day of the little italian was with was half an hour before the other italian came some of the irishmen wanted to set em up but I 1 refused the drinks finally we all drank together there were five or six irishmen altogether know home of them knew the saloon keeper did not know alie murdered man or obrien after the other italian came we three had a drink together I 1 took I 1 drank last the little italian drank before me I 1 treated onca paying fifty cents the little italian started talking to one of the irishman several times but I 1 told him to keep quiet or it would lead to a fight this irishman was emmett the deceased emmett said you shut s of a b I 1 went out and pretty soon a big rock hit me in the face and it knocked me down I 1 felt blood and my teeth were loosened five or six irishmen then jumped me and beer bottle ain their handa I 1 then leaned on my left hand pulled out my pistol and fired three shots at them I 1 never fired any more than eliat I 1 then went homo there were three more charges in my gun there was a big crowd in front of alie saloon 1 said to them keep away from me I 1 did not any longer at alie camp than to change my clothes because there were crowds on my track I 1 went into the mountains and there followed the track of alie D II 11 G on alie morning of the arrest I 1 was walking between 7 and 8 was going to the section aliouse at deseret iO witch I 1 saw a crowd of men and heard them all talking did not know what they said they pulled their guns on me and said throw up your hands pulled my gun down and fired three shots chev returned the firrone fi reone of the balls striking mein my left shoulder then I 1 saw the stars on their breasts and I 1 said jesus christ athey re police I 1 then threw down my nafle and put up mv fiands I 1 fired at tho men thinking were friends of the dead irishman and had come to kill me did not know they were officers till I 1 saw the stars I 1 did not show my revolver to anybody in alie saloon knew the little un had a knife but I 1 never saw it exposed in the saloon took leold of emmett in the saloon and said lets have a fight cross examined by mr econs did not know that the officers were me I 1 when I 1 was arrested never told deputy bedfield Ked field when he arrested me that 1 had heard the m shala were on my trail I 1 saw butts in cantle gate canyon never knew ho was looking after me I 1 did not know what he was after never saw a man named daniels the day before I 1 was arrested in alie crock bottom driving stock I 1 was on my road baak to colorado when I 1 was arrested I 1 was shot before I 1 jumped down below the grade I 1 did not aim at anybody when I 1 shot just merely done it to scare I 1 shot to kill when I 1 aimed at emmett I 1 fired two shots after I 1 was wounded 1 I did not aim at alio staw on the breasts of the officers they had their coats batton cd I 1 was probably forty yards from them biad not slept day or night for five days I 1 was traveling all tho time far I 1 wanted to get out of the country as quickly as I 1 coald it is true that I 1 was struck by a rock in the mouth outside the saloon I 1 could not say who threw the rock I 1 shot into the crowd did not aim at anybody particularly was not hit more than once saw emmett before I 1 shot he afas standing up with a rock in hia hand he was fifteen feet from me I 1 shot three times in rapid succession I 1 did not see him fall I 1 did not see a man come to the door of the saloon neither did I 1 aim at him I 1 was put out of the baloon that was the start of the trouble I 1 did not see the man who pulled me out dragged me by the coat I 1 had hold of him whan we got outside of the saloon he tried to hit me with his fist 1 did not strike at him I 1 had hold of him when the rock struck me I 1 then let go and so did he I 1 then fell down and emmett skipped passed mo I 1 drew my revolver and tired I 1 did not care who I 1 killed I 1 took deliberate aim emmett did not throw the rock but I 1 did not care who got alie lead the I 1 shot with is n self cocker the other italian was down on the ground I 1 did not see him strike at anybody with a knife I 1 had just one single load in my pocket I 1 gt the rifle and pistol in colorado and packed them with me in all my travels I 1 got the knife at a ranch I 1 travel loaded weapons all the time so as to defend in cabo of auch crowde as I 1 did the day 0 ilic killing I 1 have no particular kind of trade do any sort of work I 1 camo to america in 1881 kept a saloon in Ke chester 2 Y for three years recollect eating breakfast at Sunn took my pistol to the table in my pocket it wag loaded but I 1 did not say to the woman dont you let any body cobio in here or I 1 will kill them john badams next called he said I 1 was at ayune kyune on the day of the killing was in the saloon went there between 1 and 2 in the afternoon there were about fifteen men thero altogether there were only two italians when I 1 got there another one came in soon after the first of alie trouble was between a man named cummings and a short swarthy italian alie italians had a long knife in his hand mike mingham Gu toek cummimgs out at the back door arid gilnaugh stopped the row we all took a drink then emmett was blowing around and making considerable fuss about cam leaving been put out of the house thy defendant said to liim we dont want any row hero partner emmett said you dago ft of a b ill fight you they then clenched and gilnaugh took emmott out the defendant followed I 1 stepped out aliey scuffled outside they fell emmett was the first to raise as defendant was getting up a beer bottle struck him in taic side of the face it knocked him down flat on his loft side he partly raided up pulled his revolver and fired three shots I 1 do net know who threw the beer bottle that struck the defendant there was a whole crowd throwing defendant was leaning on his left elbow and side of his body when lie fired I 1 saw pat emmett an dOBrien foliot examined the wounds having been summoned by the constable to ait aa one of the coroners jury the shooting was about 3 on sunday and we held the inquest monday about G there was another inquest hold after that I 1 examined the wounds one bullet entered just about the right hip went clear through alie body and came out un the other side of the body probably four inches higher cross examined I 1 saw alie quarrel from beginning to end it started between the yellow emmeit struck at defendant they clenched and the saloon keeper pul them bogli out never saw strike at emmett with a knife 1 blood at alie door of the saloon aad watched thu scuffle they fell emmett got up arst I 1 live in california have lived in utah four months was in ayune kyune but a few days before alie trouble occurred 1 edear that I 1 saw all that I 1 testified to came to provo not for the trial but to ao to work went first to sir george sutherland and told him what I 1 knew about the case I 1 have been put in jail here in tor intoxication never told gilnaugh I 1 never saw the shooting never told anybody soi was foreman of the first jury that bield an inquest over the body I 1 was present at the second inquest heard the testimony of mulloy and fox I 1 did not give any evidence there because I 1 here the proceedings edinga wore by the appearance of obrien on crutches his left leg having been amputated his appearance created quite a sensation and the defense claimed it had been done for effect I 1 told mike cunningham what I 1 knew of the shooting that was two beeks after the affair it was at the saloon I 1 did not give any evidence at either of the to mr sutherland before I 1 came here I 1 told the constable at P Y what I 1 knew about the and he directed me to go to provo and tell mr sutherland I 1 stayed in town at mr Kollos gB request was subpoenaed fifteen days ago to jr evans I 1 never told gilnaugh that I 1 had been arrested and placed under 1000 bonds to appear here as a witness and that I 1 either had to give them 01 be placed in jail I 1 made the expression that if I 1 waa going to leave here I 1 biad been requested co give bonds for my appearance I 1 have been drinking somewhat since arriving in provo have talked with the defendant considerable in jail some things connected with the caie were discussed to mr sutherland have known alie defendant ever since I 1 went to work in ayune kyune worked close to him ahe defense here announced that they ceru through mr sutherland arose and stated that the defense would object to the introduction of alie witness obrien excepting it was only for rebuttal mr killogg said if the witness had been coach edby the witnesses for the prosecution they would object to his appearance pe arance at all the court allowed the introduction of OB testimony and he was brought in sworn and placed on the stand he said I 1 ain 39 years of age have been in the salt lake hospital for the last six weeks was in Kyu ws foreman of the work there had been working there nearly four weeks am used to railroad work was in the saloon on the sunday the shooting occurred was in there an leour before the trouble wag the second to the italians mike cummings created a fuss and some one took him ont to make peace an italian had a knife in his hand he cut at me the defendant got his gun on me and fired I 1 dropped down between two barrels and was packed into the saloon I 1 know nothing more alie shot that struck me in the leg was the first one that I 1 heard fired I 1 felt a stinging sensation as though alie ball had es plodded in my flesh and was tearing it to pieces cross examined I 1 did not know all alie irishmen there had had two classes of beer before the trouble did not see emmett leave llie saloon I 1 was at the bar at alie time I 1 bieard the disturbance outside I 1 did not hear them swearing it was a general quarrel I 1 rushed out I 1 took hold of mike cummings he wais talking pretty loud he had nothing in his hand I 1 took hold ol 01 him to try and make peace did net see defendant then but as I 1 was turning back I 1 saw him on the east the gun in his hand had heard no shots fired till after I 1 got out of the caloor wasa the cliot waa fired at me I 1 was trying to yet away out of the danger I 1 had leold of micky cummings trying to separate igini from the crowd when I 1 turned around and saw alie defendant with his gun drawn on me I 1 then started to run out of danger when ho shot me in the leg I 1 dont know aliat position he was in when lie shot me am certain I 1 got the first shot to jar evans the bullet entered my left thigh on the side to the cowl I 1 had turned my face to the saloon when I 1 was shot to a juror I 1 did not see any rocks or bottles used in the row to jar evans t was cut in two places by the yellow italian he had a scar in liis face I 1 should know him again if I 1 saw him ha used his knife on me joe gilnaugh was recalled by the prosecution he said lie knew adams the witness for alie defence did not see him there at the time of the trouble never biad a conversation with him in which he denied the allair cross examined by jar kellogy yes I 1 did state yesterday that I 1 was in the saloon and saw none of the shooting but will swear I 1 never stated before commissioner hills at the preliminary examination that I 1 witnessed the firing harry jennett was recalled he said I 1 was present when adams sat as foreman of the improvised jury I 1 asked each member of the jury if they knew anything of the shooting and adams alie rest stated positively that he did not the nest day I 1 was talking to adams and he told me he had been sent by alie walking boss to stay till alie trouble was over I 1 did not see adams in the neighborhood of the saloon until an hour after the shooting emmott v as then dead the witness adams was then recalled and abaid lie think he told him at any time or at any place that ho did not see alie trouble joe gilnaugh again took the stand and again testified that adams was not present at the time of the shooting and that adams did deny witnessing the shooting I 1 saw him the day after however and he told me lie had been sent by the walking ass to go down to the camp and stay till the trouble is over he then and there said had not heard any thing of tho affair until lie was told this newman butts was called to impeach the testimony of adams I 1 was was at the improvised coroners inquest held on the evening of the killing heard jennett ask adams if he knew anything of the case to which the latter answered that he did not afterward at the regular inquest held before the justice of the peace adams said the same cross examined adams haye been accepted as a juror on the inquest if he had known anything of the affair that is why I 1 think he answered as I 1 have testified he did I 1 heard jennett ask this question of all the jurors in general not of adams in particular mr martin I 1 inov adama had no talk with him the day of the shooting or the day after question did you hear adams say ho waa arrested sicre and held under bonds objected to immaterial answer I 1 see adams at the saloon alie day of the shooting gilnaugh recalled by th defense I 1 was at commissioner hills examination of the case I 1 did not state there that alie only rock I 1 saw thrown was one the size of a walnut I 1 testified that the only missile I 1 saw was a small stone which struck defendant and rebounding described a circle commissioner hills I 1 heard the testimony of alie previous witness at alie preliminary hearing I 1 dont remember just what he said he say he saw any of the trouble at the saloon this closed alie testimony and at five a recess was taken till seven at alie evening session mr |