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Show THE WniAX ilUUDEIt tASE. ProcNinp. this Day In the Tblnl District (Jutirli When the Avess went to press jcsterday afternoon WillUm Condon, Con-don, an attorney, was sUH under cro s-csamioatlon by Mr. DIckf ou. He i-tattd Uiat Kelly was under Uie Iunusnceof l.quor on the night of Uie homicide. Kelly was a largo man. Wyman had male no demonstrations, demon-strations, Oxcepl to straighten up as though Indignant. Wlturss never told any one except Kelly that Uo deceased liad spoken very viileull)-orWiwu. viileull)-orWiwu. ?lartlh Mahnkeu lesUfied I am abjtchcraudfaraer and have re-sModatOphir re-sModatOphir Mnse IsTJ, and was there oa the night of November H. lat. 1 was Jn Franks' saloon on that evening, and saw Kelly, Wy-man, Wy-man, Mr. Condon and n numlier : of others there. I saw Kelli talk- I lug to Wyman and heard the former say something about killing him and Lion Hill, but didn't caUhlhu j i!tnce of Uielr conversation. . While Uiey were talking, I aw Tol- man walk up and aay to Kelly, ) "You are a big fflan to call a little 1 roan a s of a b ;" Tulman Uieu took of! bis coat and I expected to sew a fight betw ten him aud Kelly; Toliian struck at Kelly, but Uie crowd separa'ed them; thiitookniy attenton from Wyman, but shortly afterwards I noticed hlai going o 1 wards the door; I went lchlnd the ibar then, aud in from five to ten minutes I st Wyman iu Uie room near tbe ikw; Kills wasUienlu the rearsndof the room; Wyniiubeld a Winclie-ter rille iu liUlinud,nud J I heard him , ''Tike 11 "back,' in about five fconds Lu fired; I then dropped beliiud Uie couuti r. To Mr. Diekraii There trerc from twenty to thirty men in Uie saloon at the Umr; whtn I droj ped behind the bar, the barkeepir, wIid was lying thsru wltii uie, wouldn't let meitup sajmg 1 litre would Lc m j.-e shou.nip; Kelly ssak uir six' feet toll an !.as ver mueli larger hau j mart when the Litter fired hchrlatbe rllle bejour tho line of 111 liTAir.; 1 had no U-up to gUol-hiteil, gUol-hiteil, u 1 S.-BS 'rlgli e tsl. Frank Llnebach tetllfled I reside re-side at Ophlr, and am acquainted srith the di It ndaut. and abo knen J-miia ICelly, )n lib life tlmr; bn Uie night of November U Iff, I went to Franks' saloon; Uie fint I saw of. Kelly and Wsman they were tu-ge'therat tu-ge'therat the bar; they ha 1 a short oouversit on, and Mr. Tolman, who .vr as plas lug pool, dropped his cue :ana cn-ne up and strucic at Kelly; they giUiered atuiind them, and 1 losts-ghtof Wyman; when I next saw" him he was standing in the door with a rifle in his hind-; I heard him tay. 'Take it back! Like it back! the rifle was tainted ton anis Kel , and in a very short time tin shot, has fired. To Mr. Dickson I am sixteen yean of age, and Uils u aa the fin-t affair or Uie kind I crersass. As foou as the shot w as fired, Wyman dropifd t lie ciin. James Mcfcvey tctUfled I reside at Oplnr and on the night or November Nov-ember 14 I s.as in Tiaiiks saloon. Wjmsnaml Kelly were there and I heard the Utter till Wj man that ho had befriended hliuand he could not turn against him. risen a man nimed Tolman went up to Killy and told him he would not nbute u litUe man, tnd if he wanted a filit be coukl Iiave. it of him. Then Wy-mn Wy-mn svent out arSU I ,iarted the othersand a fight was asirted. In n few moments 1 luard some one at thedoorsiy, "Take'lt back! Take it baek!' And looking around I saw Wyman UnJiug In thedoor svith a rifle iu his hands, lai a f:w i-ec- Ionus thethot wa fired. To Mr. D cksun I cm a miner, and had known Kelly some years. 1 I have been emjItj ed by his family ever since the shotting, and am still working on Uie property in which tliiy are interested. At this (nintthu court adjourned unUI Wedncadjy morning. " At tbooptnlnRof Uie court' thls-inorningJudgeZaao thls-inorningJudgeZaao stated that Uie setting or civil caes would bu ma Je on Saturday morning next, at ten o'clock, instead or this morniug, as had been Trerloujly arranged. The Wyman murder trial was then proceeded with. Archie Warren took the stand. Examined by Mr. Hamilton, be said hehad resided in Ophlreight or nine years and was acquainted with defendant and Kelly; be was in Franks' saloon on the evening of Uie tragedy and sasr ymaii and dcccasenl there; Wyman wa standing stand-ing at tbe bar wlUi Mr. Coudon, drinking; Kelly walked up between them and Interrupted Uie conversation, conversa-tion, addressing himself to Condon nnd looking towards Wyman es he spoke. The next he observed was Uiat a roan named Tolmsn Jumped up in an cxcile-1 svay aod said lie would not see a little man like Wyman Imposed uon. There was loud talking at this time. When Tolman interfered fu hla !c-half, !c-half, Uie defen'kint and Condon left. Five ininutr later Wyman returned with a rific, pticed lib. one foot just within the saloonj pointed the weapon toward the decea-ed and fired, remarking as ho did so oratthlug about "tatlng II baek." Cross-examined by Mr. DIekfon, witness said he as no one grab a J U10 gun. w hlch, after Uie filing, fell toihdS5V. MeCnth of Ophlr. teitlfltd that he had known defendant de-fendant and Kelly for a long time; whcmln Franks' saloon on the nleht!n quctlon ho aJiw them ufre,amo2g a number ofother ' 'ra some loud talkln;, he ihouehtUiere was g.Jlng to bo some reuble, and wcntoubldo for afew -tUtil.4- returnlushe observed a dlu0uofKe,y,butIieconIdnS! 2 hy whom It was held; no one tood between u-eccased and the weapon; after the report Jhe run u;rn?eflMu--s .InrrexamlnaUoa of the wlt- iiL-'J8, Johnn, of CedriHe. StSSuJ? iPfja-rrahVs'saCn atUULiimoo,,, ,a mu r,.,yman ws tUidin- lutt iT, wini ""poo''- lie badagun h'li 5tr iwonda, aril utter- aWttb0mlJa,e;rJU,orcs3nwhn io gun was discharged. Uen aliooUng, "Just as I grabbe.1 the gun It went off," and he did not S"1;,8" Utement to Uenry 5?.n' hetlefenaant' brother. UUIIam Kelly, wn cf lhc tft. Sfiw "-our years of age. MncelS-2. He had known Wyman Wy-man about ten years. Wjman rL elded about 11 J feet from T-ank'a 1 00,'V.L0.n the renins or Sbvem-"J" Sbvem-"J" "'J? ho went Into Uiat saloon about 5 o'cloek.and was in com piny with his father. He saw Wyman and Condon convening to-pether to-pether against Uie bar. Hlnf-nh.., akostoodat the barat tbistlme, but ntji:cIo?0..,?U,rm- Witncw heard his father tell Wyman that he hid "kept htmfrom begging." This was after the two had been In conversation for about a couple of minute. Defendant De-fendant "b-aced up" when the forc-Boing forc-Boing remark was made. Tolman. who was at the billiard table, ad' van,c,,1auJ. pul'Iug off his coat, said to deceased, "You aro too u'S a reau to abue Uiis man" (.meaning Wyman) and struck hlra ? ,.. Xv' .Wjwaa u afterward left the saloon. AH dispute seemed to end when Tolman struck liU father. fa-ther. Wyman. returned ln about Eoxen minutes and stood In tho doorway. He held a gun (produced) In his hand and had it leveled toward deceased. Witness heard him eielaim, 'Take it lack; take it back!" Atilutant later a shot was fired and his father fell to Uie floor, and died without taxing a won. The gun was dropped on Uie threJ - old of the saloon. To Mr. Dickson When ho saw Condon, deceased nnd Vj man ln conversation at the bar he apprehended appre-hended no disturbance or unpleas-antne, unpleas-antne, Mr. Critehlon said that other eyewitnesses eye-witnesses to the occurrence had been subpecnaed by Uie prccutIon, but he did rot deem it expedient to take up the Ume or the court by calling them. Their testimony would bo merely a rrpeUUon or the statements already In. Judge Powers then proceeded to address the jury, and commented adversely upon Uie fact Uiat the prosecution had seen fit not to call the whole cf tho witnesses whom they bad subpanicd,. then by pneuUng only umr, and that an Unfair, side of the case. He InsUted that the witnes-cs called had been caahilly culled out aud such testimony only adduced as would bear most strongly against the accused. All Uiat tended In his favor had been excluded. That thir domicile alleged did occur there was no quistlon; but the defenx, would aitUfy tbe jury by a preponderance prepon-derance of testimony that Wvman never Intended to fire the gun, that its dbchargo was no act or his, and that Kelly 'd death was t Imply the result of in accident. W.srusuwas a man, continued Judge Powers, of irreproacbablu character, ot a highly strung, nervous temperament, tempera-ment, sensitive In regard to his honor, arid unwilling, from his verj nature and training to do a single net that Would be considered wrong orunjust He came of a somen hat distinguished family, his father having lie a a lawyer ot repute, he wis a man of education and religious re-ligious training, and possrseed a mind of nigra than ordinary bril-lisncy. bril-lisncy. He was formerly a county court judge ln Uie State of Colorado, sober, temperate, houttt and iu-dutlricus, iu-dutlricus, aud had nlfajs been very inueh re-pectl by the people of Ophlr during his rrsideiicc there. Counsel went on to -ex lain that tho defendant, on the eve line In auertion. accid'-ntaily met Mr. Con-on Con-on in the saloon, and was bidding him goodbye upon the latter's departure de-parture from Of Mr. Kelly, the deceased, de-ceased, walked up and stepped between be-tween them, being ".cry much enraged at Uie time, and said to Wyman In substance, "You area dirty litUo s or a ; you are a dirty litl.'e pup, aud I want to tell you what I think ofyoj right In the presence cr these men. I kept you from starving last winter. Nowjou turn on me lu thU nay." ThK urged Judge Power, was enough to mako auj man's blood boll, stated as it was Iu the presence of a crowd of plc. The nature of Kelly's language, further, was such that It reflected not only upon Woman's own honor, but upon his deau mother's roemjry. He felt, then-fore, then-fore, that Kelly should apologbr- for w hat he had said, and Willi no othi r thought be rushed from the saloon. The defeme would prove conclusively, con-clusively, however, that Wymau did not, as sworn to, ru-di past Condon Con-don in the street, hissing out Uie remark attributed to him, Lut tint Ccndou remained In the recm all the Ume. Wyman went Into the cabin, gotlbegun which ha remained re-mained krtJcd lor something like two weeks unaware that It was cocked, returned to the saloon do: r, which was o'n, and standing uj on Uie step, lilted the gun. with Uie muzzle towards the celling. He called out to Kelley while standing Uiiu: "lake It back; take it back." As he said thl, a rush was made towards him by some of tho.-e present, among them being one tiaffuey, n ho graLbed the gun with hUhaud. In attempting to pull it do .en tile trigger snapped, aud the gun went oil. Giflue was after-wirds after-wirds heard to nay Uiat if he lad not grabbed the weapon it would not has e gone off-. These fleet Urn defeu-c intended to fullycstablish. ThedelOfitionsir Peter McEvoy, taken before a notary public ut Butte Clti. Montana, were put la evidence! by Judge Powers. Tbe first thlngUiatattraetedhlsatteiitlou was Uie remark riixiv by Kelly to Wymau, "You d s or a , I keptjoei xrhenyou were stars lug." W'trnn soon afterwards left the .room, Lutwas not alisent more than ,about two mlueite?. lUJcxt his return Kelly "bad said, "D lilm, if he cemes back here I'll fix him." When Wjman returned re-turned he had a gun in hi liand. Witness ss Gaflncy strlku the barrel rf the gun down, easing, Don't shoot," and U10 weapon went off. The court then took recesi uuUl tn o o'clock. Thomas F- Marlow. of TlnUc, Ej-eka Co., was tho firt wltncts called on the Tourt re-aocmbllng. He said ho heard Wyman tay 10 ICelly "You'll have to take It tack and apologize lor calling me a ora b ." A ri-w minutes after Uie gun went off, and while in Uie saloon, Gaffuej stated Uiat he struek doAU the gun wilh his hand audit went off. Mr. Crltchlow cross-examined Uie witness at some. length as to what tranf I irod in Uie saloon prior to tbe shooting, but it revealed nothing new. George TerrlU, Cedar Valley, Utah County, next took thetlaud. He was ln the salmon at thq-tlme of Uie tragedy, and heard Kelly call Wymau " lying, Insignificant, cootemptiblo litUe puppy,"and said Uiat if he was uot so small her would whip him. Tolmau championed Uie cause of Wyman, who shortly after left tho saloon. Tho witness was still under ex-amlnaUou ex-amlnaUou when Uie Nrs s went to press. |