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Show Whsn the court reassembled this miming, the defense called JinS. SUSAN DL'KE, who said she ha I known Wyman for about ten Jeans. She had al-uays al-uays regarded him as a quiet and peaceable man, and naa not awar of his lmving had any difficulty with any person up to the time of this a flair. J. C. McVickcr. Salt Lake City, hid been well acquainted With the defendant for ten or eleven years. Ho had a good rrnutation, and witness wit-ness had never heard him indulge in strong or profane language. Samuel J. I'ollock, this city, had known Wyman for clijht or ten y ears, and also spoke of him in the most favorable terms. ToMr. Crltchlo- While InOphir witness never heard of the defendant, defend-ant, during some election dlputc. drawing a gun upon a man named Stanton. H. W. Lawrence, Salt Lake City, said he had known Wy man for four or five years. Trior to this homicide homi-cide he had never heard anything against him. To Mr. Critchlow His actual knowledge of the defendant was confined to the period of his residence resi-dence in this city. WYMAN J .STATE EXT. The defendant was then called to the stand. He slid he was thirty yeara of age, and was lorn at Cleveland, Ohio, hhh place h left in 1ST5 aud went in California with hU mother. He remained in California about six months, liavlng gone there for his health. He i returned re-turned to Cleveland for a Bhort time, and went back U California. Alter remaining thereabout ijar he again left for Cleveland. He soon afterwards began to study law, being at this time about nineteen years of age. 6ome eleven years ago ho came to Salt Lake, and remaining In the Territory about a year. During a irtion of tint period he managed one cfthe Opinr mines. He went to Nevada for a short time, and was there engaged In assaying and other work. 1-rom Xevada he came to Utah Territory, and lived more or Ices in Ophlr. lie was admitted to the bar in Denver, Den-ver, and subsequently went to I Jco, Col., where lie held a good posit""-From posit""-From Kico be again, two years ago, came to Salt Lake, and opcneJ up a law office on Main Street- i'reljj" to that he waslalllfl-of thoThlr. District Court. He remained In bill Like about three months practicing law, his reason for 5,",v'0 beiug broken-down health. Iroro Salt Liko he went to Ophlr, wheif. ho was princlially cngageJ In pros-ii-ctiug. and filled his spare time In transacting small legal f"-Shortly f"-Shortly before Kelly's death he ( y-man) y-man) wasengaied in acasein whiUi MeAffee, eeseased'n brother Inlaw, In-law, was one of the principal actors. When the litigation iuthis matter was over bo went to prospecting again. Just prior to November 4tu he was wwciated In the prosecution ofMcAfleefor perjury, Sir. Condon being for the defense. The defendant here narrated a conversation which he had wlOi Condon during the noon recess or the court on the day of Kelly death, as detailed In evidence by Condon. He said nothlnir to Con-doa, Con-doa, however, abut Kelly's men being vy much "down on him, impression was that he told Condon Kdlyhadbceno very gooU friend to him. The law wilt ill Question conclude!) aboU, three o'clock In the eitef noon, and on IU termination ho believed he went home. The case ended in McAflee being bound over on a chanw cf perjury to Ith a Mr. McTierney, on ,hei, c,vfnlDE or tho tragedy he walked toward Franks' saloon, but on setlnr Kelly and others there be hUcabinIlstAntnboul ISO or 160 letl from the saloon stayed there a short time, then to the store aud. later, returned to the saloon for the purpose of meeting Mr. Condon. It s.lbt.ti aUml M, he believed. Passing through tho crowd near the !li0r, i? talked straight across Jo tho billiard-table Wfilla-Ucdlng eralnU It Mr. Condon came up to him. He (Wyman) told him he had come to bid him good-bye, and )hS7 11a,,.a,lr"k tcgethcr. He (defendant) had onlv n ait- rl elder. At this time Kelly came up to thenj and said: "Charlie Wyman. I Want to tell you what I think of you In Uio presence of this man" (meaning Condon). Hlslmprcssion was that he merely replied, "All right." Kelly then mknl, "Havn't I always bren a friend of youre?" and he (Wyman) nssenlcd. irclly nextlnqulrcil, "Didn't I help you from starving last wlnteiT" and to this he answ i;red, "Jfo, sir." Then Kelly remarked in n harsh lone ?M70iye' 'J0" arca wnteMptible Mile cur. leu area low-life Utile s of a ,at the same assuming a threatening attitude. Kelly was extremely angryand very much excited. ex-cited. As toon as Kelly used tho last named expression he (Wyman) stepped lack i Mile "Mil' 'Tolman luterferW, add he (Wyman) went c'il oj the saloon. He hail no conversation con-versation with Condbn on tho way out, neither did he say to him or anyone else, "Xo s of a can talk to me In that way." Condon, he was sure, did hot go out of the house before him. Ho (Wyman) left the saloon hurriedly. Upon reaching his cabin be went in and looked aru.ind tbi room in. Etiirtli bl sonic wea,ion, saw tho rifle, took It up aud returned to tho saloon. Upon arriving at the saloon be halted at the entrance. Kelly was still there and also a number of other peron. Standing on the threshold lie called out, "Jim Kelly, you've got to apologlrc for calling me a a of h b -. Take it back; take 11 back.' As he stood with the gun in his hand, pointed upward, there was a general movement on thu part of thu crowd towards him, and as he was holding tho min with the muzsle toward the celling, Eome one struck it near the end of the barrel, bar-rel, knocking it down. Instantly it went .ir. The striking aud the discharge dis-charge teemed to be "one and the same act." lie thought for the moment mo-ment that ordc One had shot at him he was so surprised. When thu gun fell from his hand he ran a few step, halted, and then surrendered himself. He. did not aim the gun at Kelly at all. and If he had pulled the trlir before It was knocked down the bullet would liavu penetrated pene-trated the celling. He had no Iii-tentlon Iii-tentlon whatever or shooting Kelly, but simply meant to frighten him uto analogizing for what he had slid. Xo thought of Injuring Kelly everentcred bin head. He u as irreatlv exited at the time. His idea was that Kelly.on seeing the gun. would instantly withdraw the remark he had made. Cro--examlueJ Most of his life since 1S79 had been ossed in the uest. Thu defendant was then questioned In relation to. the lawsuits law-suits iu which the Kelly family had figured, and as to his feeling towards thedrc-ased niau. Kelly and liti had &lay4, before the institution in-stitution of the laud suits, been good friends, lit he certainly was afraid on tills night that Kelly would go after him. When he lint went In mid saw Kelly he could have lift the saloon had he felt dUpxed to do so. When Tul nau interfered on his behalf and rushed up to Kely he (Wyman) called out, "eljn't, dout,"a he didn't want any trouble trou-ble there. He voluntarily used no such words to Condon as, "If you had only stopped me n lieu I met you on the porch, this thing would never have happened." His motive In rushing from tho saloon home was merely to get out of the way of further trouble. He.could not tell when the Idea ot gtttl ig tli gun fli-t entered his mltitl His nle intention was to frighten Kelly IntoajelozUing. It did n t occur to liiiii. -".tier bli ea ,crle.iicu in mining camps, tint It wasador-rous thin- to Introduce-a gun a hjz. a lut oi people, even though he U I nut intend to use It-Mr. It-Mr. Critclilow Xoor, supposing ir..lte li I tviL nntlu7lxed la rntl. whatdldyou intwii tsdi with "that, gun? Wyman I never thought about such a tiling as his not apologizing. Mr.Critcuiow 1 1 simply occurred to you, without any duuLt, tLnt on seciugthogun he would apologize? Wymin Yes. Mr. Critchlow If he had not apologized, then, you had not thought further what the conse-queuces conse-queuces woulJ be. Is that truiT Wyman Yes. Mr. Critchlow Why, then, did you point the gun into the room, if you had no intention cf cing il? Wyman auswered Uiat ho wanted Kelly to see It, and he thought he would haven better opportunity of doing so by bis holding it up Iu the way he did. To Judge rowers The gun had been loaded teimo time prior to the day of thoiraedy, and ho had no recollection whatever of cocking It himself. He had seen a boy handling handl-ing the gun a day or so before and requested him to put it down. Tills concluded the examination of the defendant. Henry Wyman, brother of the accused, who il an attorney-at-law, residing iu tills city, was then called. Sir. Dickson was proceeding to Interrogate the witness as to the death of his mother in a certain Oh inithutlon, when Mr. Critch-Ioa Critch-Ioa otjectcd to the question on the ground of Irrelevancy. Mr. Dickson said h'soljcct was to show that the dcfenJatu'x mother and other members cf his family had bown symptoms of Insanity and exewaive nervous Irritibllity. Alter some argument, Judge Zinc sustained Mr. Critchlou'sotjeellon. inasmuch, lie said, as tho defense of Insanity had not been set up. The witness then left the stand aud the court took recess until -o'clock. This afterncon Thomas Alma, a member of the Salt I.ake Sportsman Club, aiJ he had been familiar with fireatms for manyyeari. In h'sop'nlon it would Ixi lmpo siblo for a man to aim at an object ltli a rifle, fire It, and drop It at the same xnomenti The defensa offered in evidence tho depositions of Thomas Gaffhey, taken on oath before the coroner, to which the prtsfcution offered no obJecUoii.Thet stimony.ln brief, was to the effect that witness saw Wy-man Wy-man at the saloon door witli a ritle in his band, the weajon being about level with Kelly's shoulder. He heard Wyman say "Take it back." and as soon as he saw the gun he placed his hand upon Hand tried to throw It down. Gaffney, ltsecra, has disappeared, and could not be found by the proecutlon to give eviuence at the present trial. The witnesses Marlow and Tcrrill were recalled by the pros-cution and questioned on several points given In their evidence yesterday. James McTierney was called by thewosecution,but it was decided that he be not examined. Mr. Jack, foreman of the grand lurv by whom the Indictment 'SnAvrnan was found, was Sued lbs rocutioa, and Inter- efntiandsor Mr. Critchlow when the cws $fi$Eu expected to condudo and tlie verdict to b3 reached fome tine tomorrow. |
