| Show I TANDYM nUDES On Trial For KUllDj Frank D Bomaree The trial of Tandy M Hughes for the killing of Frank D Bomayne I fellow Tribune Tru compositor A proceeded corded with again toy In the Thin District Court An attachment attach-ment was Issued for W J Mile Newton Learned Daniel Davidson GeorgeS Carter Adolph Anderson Fred Simon L t Colbath and GeorgeMullett who failed to appear yesterday afternoon All but Misers Miles ana Carter reported themselves them-selves this morning Later in the sessIon Mr tlon Miles came In and stated that he had been called away by sickness The Judge Instructed him that it was necessary for jurors to inform tho court neCr before going away Mr Carter said he had not appeared because he took the word forthwith on the Summons to be ° fourteenth and when the Judge looked at tho document he considered Mr Carter was Justified follows The Jury A finally sworn f a W H Roy O D Ilendrickson 1VF JUjbould AJGnn U Daniel Dunne isles J Taocu i dA DIM nAr > i nun Gee a TOe Fred Simon I A S Llntrtcr George Jorretter After thejurywas empaneled tho Indictment read nit VARIAU made the opening cUterMehi for liie I prosecution He Mil they expected expect-ed to eliow thai on the afternoon of Sunday Kov 1Q 1559 Frank D Komayne nod others were standing nn wer In the doorway of the hall leading bal ledlg upstairs Into theTniunebuIldinir wnen Hughes and a companion I nimcd Daniels came d wC thcrldu walk As they drew net to the hallway Hughes raid to Ilomayne iiyou a b yon hatt the b f hi te drop on me Iwt night but now I a lnelcvl Come out aud fight like a man He moved ongoing I on-going toward the outer edgu of the s de jalk but still keeping but sti keing his face toward Ilomayne Hegot out in the street and repeated his challenge at the tame time raIsing his pistol above his heaJt Htt then put the Pistol In his pocket t When the challenge was made Romiyne replied derisively ° Go ahead with your shooting He drew a pistol but never used It Hughes moved a little farther en and suddenly began be-gan firing Hom yne staggered and laid down on the sldewalft while Hughes backed off and went around the corner He afterwards returned and wa < tarrr UMl In afowmnmnnfa from the timo of the h gn mayne died Tee had been a quarrel between the men before this and Lad feeling existed Mr Varlan said the prosecution would claim a verdict according to the degree justified by the evidence whether murder In the first whetwr murer t t or second sec-ond degree or manslaughter ll DICKSOX then gave the defendants version of the tragedy He said that some time before the homicide Hornayne had Imbibed a bitter feeling for the defendant end for a week prior while the two were working in the came room Rom had made lu suiting and jeering remarks Hughes hid apologized fora remark mate to Itomayne which was considered con-sidered uot satisfied offensive but the latter was About 4 oclock on the morning of Sunday November 10 as the compositors were going home most of them having lea the building Hughes TTThl out the bwk way going to the corner and starting westward across West Temple Street to go northward to where he was lodging As he began to cross the street he hoard voices behind him and looking back saw n mayiio and two or three others Ilomayne came toward him and lie continued on his way There I a cutoff path over toward where the skating rink we and Bomayne took till path 8 that when he got across the street he was a few frt in advance of Hughes who hap < passed over the crosein and turned along the tidewalk Bomayne stopped Hughes and be san calling him vile names l flourished a pistol and dared Hughes to fight The later said he wanted no trouble and Bomayne struck at him with the weapon He then called Hughes a coward and bastard saying he had no sand In him and Indulged Iu very abs language Hughes raid he was not armed and did not propose to f b with a man prp who hat a pistol Then Bomayne went back a little way laid his weapon downanil told Hughes that he would fight him even In his weak physical condition Hughes again declined to fight and asked the other what was the cause of all the fuss what he had done You pulled a Knife on a friend of mine was the reply Hughes had by this lime passed t the north of Bomayne and resumed his journey jour-ney up the street The other followed fol-lowed and he broke into a run t get away Then Ilomayne ran after aim and called him a coward snapped ills pistol at him twiceand saiaYbus if I we you tomorrow tomor-row or the next day Ill settle you Hughes conliuuctt unniug and Io mnyue stopped The next day HughesanlDaniels came down Second South Street t the IrKune office where a uumberof poisons were standing In the hallway Bomay was not discovered dis-covered Jill Hughes came quite close aud the latter stepped out towards the street saying You s b you had the drop on me last night I am heeled now Come out and flghtlikeaman Bomayne htlkea mr Rmyne said Jeeringly Go ahead with your shooting Hughes had puthis I pistol a way and was moving along the street still watching Bomayne to rtl wltlng Ronaye At this juncture K M Plnneo who was one of the party standing I with ItftmnrriM mrrm out tnt Hughes and r followed by Ito I mayor who drew his pistol At Hughes came toward the sidewalk ho saw Romayne and looked from onesidv to the other of Plnneo to I keep a watch on his antagonist t who had his gun leveled on him rinneo noticing Hughes movement turned to see what was up and caw Bomayne behind him 1tn nf hand rinneo Jumped from between the two and HnShe seeing Romayno with his weapon drawn and poUtedjnt him and about nt sliest palled Ills own pistol from his 11kct and began firing never stopping till he emptied his gun Then he moved around the corner out of view Ilomayne who did not fall till after Hughe had disappeared When the officer came up Hughes surrendered himself him-self and requested that the gun betaken taken torn Bomayne which was done The taking of testimony then commenced c ene eneDI DI A S BOWER being the first witness for the prosecution cution testified that on Sunday afternoon Kov 10th he was about rth half a block west of the Thune building when he her the shots As I drove up I taw a man fall to the sidewalk I got down aud felt that he was pulseless The ball had entered just above the left hip bone a little to the back and passed through the abdomen J on the right side under the ribs He died In a few seconds ten or fifteen there were five shots fired in rapid succession it Is possible IL terp were but four but I think there were to I saw some empty cartridge ah ells on the sidewalk To Mr Cickson A pistol was i found in Bomaynes pocket I noticed the crowd just before the shots were fired There were three I or four men together as near ag I could judge from the distance I raw Hughes go around the corner I Ho hcslcated as be went past the corner of the building p DEPUTY THANKS I testifiedI was at TcCoys livery I stable at the time of the shooting heard five shots as I Judged there ther may have been only jndg bat I think there were five I got to the gt t scene i of the shooting and learned Imrc which way the man who did Uie shooting the had gne J went around cornerandmetHughes his pistol He metlugbc hi le Mid 1 am the man who I did the shooting and gave mn me his pistol identiiled thl K JWetl1 the There weapon Ter were two empty cartridge but no wads in I there were litres rflptqhiambuos We fFif elels olti be thrown out easily naQUICkly eaf ndqulckhy Hughes asked mo t get the gun from JRomayne gn Rmayne PolIceman Polcn Cmmok an I weut with Hughes lj > Where Bomayne was and J send a pistol Tmlyne itomaynea gun had fo loads and one empty chamber MI remember Cblmbr IL There may have been only tw that my memory is not clear on To Air Illfkttnn TTt l himself up t me as soon u B u wemet and gun requested me to get Ilomiynes JOHN v silAhf UsUnedIwas a policeman at the time of ths pln f tmjjhWUSg received rohM two pltob film Mr Franks when l lbc vs brought to the City Hal One pistol said to be Ho mayues had In I two b and thr empty chambers the one claimed by Hughes had two empty shells and shel three empty chambers Identified the weapons To Mr Dictasn I made no marks on the pistols or the shells mk To Mr Varlan 8hell VachnThecartcijges YalnTh cartridges In crr < ge i BomayneH pistol had passed the hammer they were on tho wtr right side rgh ItJUCEVAN AXURKW M SMITH stifledt have had the custody of tie fifiols In Romayned pistol the cartridges were just past the hammer If the pistol p been snapped In that position no shot would have been tired as the hammer ham-mer would I have come down on an imply chamber BA7Ot 1 rlt tcstlflcd 1 ani a printer am cm ployed at too Thiiia know Ito mayneandllllrHej1 jusl before the EhCoUng I was standing In the en trance to the Tribune hallway with me were Komayne Burlingameand Joe Arthur It was Burlugmead Arthur was farthest east then came Ilomayne and I was next and Bur lingam next we wcruwaitlng a paper and I stepped out to Uieelde walkanil sail Bottles and Daniels up by the Opera House they were U coming down street at an ordinary g1t the next time I looke onlnr lt Hughes 3 when he was quite close and he said come out here and fight you sI You had the drop on me last night but now I am heeled Hu was across the gutter then and drew a pklol which he raised above his head and then put I back in his pocket I did net know nt first Who the remark was addn cll t Itoraayne said Go on with your shooting Ha hat ha There was no mirth In mrh the laugh It was more of a sneer Hughes Mid Come out and fIght like a man He Was in the street waking backwards and ldewlY8 Then he stopped almost In front of ho entrance He started on again and I went toward him He was excited I never poke t him His pislol was then In his packet t and his hands were by hb tide As I walked toward him he moved his bed from side I to Ide looking at some one behind me I turned see who It was and aw Romayno with i pistol iolnt ing toward Hughes 1 moved out from between them pretty quick As I Jump aside the chooting grin I heard four shots and saw Hughes as he was firing There may have lyon five shot Ho mayne had raised his left armas if to PUnnl lllmfolr nnl tmtill hmJf UO1 swing uar body nnt as each shot was fired When the shooting stopped I said to Itomayue Youre not hit are you and ue said Yvr said Where and he replied Here In the stomach lie looked for aplace tolledown Arthur and I helped him down on to the sidewalk Hughes went Wet pn I around the corner I raw the pistol taken torn Ttomaym it was In life overcoat pocket I dont know when itjwas put there At tnls point the court took recess for an hour and a half when the crossexamination of Mr PJineo was continued |
