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Show Wl'MAX TELLS UIS STORr. Ills Version ti thit Ux Killing or Kelly wai Icddrattl. The examination of the witness, George Tyrell, of Cedar Valley, Utah County, was In progress when the Xim 5 went to press yesterday afternoon. After the cloeo of our report Tyrrilh In cross-tiamlualioD, testified in substance: I was on good terms with Kelly and his wife, but had to sue her for a wood bill. I beat her In two cases aud afle wards bad Mrs. Kelly's brother arrested on a criminal charge and I beat Mm. Willis Kuapp testified that he was in Franks' raloon atOphlron the night when Kelly was klllod; saw Kelly and Tolman havo some trouble and a few minutes later Wymaa appearej at the door with a gun and cried "Take that back!" The shot was then fired; tin gun was elevated to that It pointed at tlio ceiling; Jut before the shot was fired a hand was reached out and struck the gun. Judge Powers here odered in evidence the subpoenas is3ued at the provocation to show that wltnc-es had been brought in and hid not been placed on the stand, and that Gaflenywas oat of the Territory. Tho prusecotien tlai informed the de'-n that they would call Gafleuy, .aud the return showed that he was out of tho TrTiory. Tho return was admitted ani William Wil-liam It. .Cvans wis called Ifc tenUflc.! On the iicht of Novem- fendaul tatUng at tho bar In Fran.'a saloon. Then Kelly came up and speaking to Wyman aald. "xouuirtj littles-of ill-, I feci you last winter, and kept you from itarving, and why do you turn against me?" Then Slllt Tolman cameupand told Kelly he couldn't impose on a little nun nml h.. .... at Kelly. The next I saw Wyman, he wan standing In the doorwav with a nfle. Ho said, "Take Jt back!" and Just then the gun went ofT. Just before tho shot was fired GafTeny ran past me towards Wy-mau. Wy-mau. Mrs. Susan Dako keeps the Pioneer hotel at Ophlr. Un the night when James Ivtlly was billed Mr. Condon camu into the hotel from Franks' saloon. He did not saynnything about any trouble In the fcaloou. Sh -s,les teUfledt hive reiided InUiIscity fifteen years and am a member of the board of public K-orHs and the territorial board of wiuaUzuion. I have knswn the lefendant for about eleveu vears. Ills reputation for pcaco and"quiet In thHcommunity r,as always good. KWr J. Polloik said 1 was In IranKs' saloon in Ophlr theni,;ht ICelly wai shot; heard Kelly tell W) mau that he had kept him from starving, and that he was a damned or a b anyhow; Wyman then rent out and in a few minutes -tie ippcared in tho door with a rifle, ind a row between Kelly and Tol-nan Tol-nan had been quieted in the mean-ime. Lysander Gee tlsted Wyman's rabiu Is forty-fivo paces fromFranks' aloon; I saw the distance paced iC) I have resided in Tooele bounty since 1S33, and have hell he positions of county clerk, selcct-nan selcct-nan aud justice of the peace. George II. Wyman testified I am Ifty-six years of age; the defendant smy ion; lam a lawyer by pro-eraion pro-eraion and praiticed law in Cleve-sndl Cleve-sndl for twenty-Ovo ynaw, but am low residing at It .i-e; the den lent s thirty years of age and Is a UW er; he 3 ot a nervous and excit iblo nature; I never heard the ilt-endanlju't: ilt-endanlju't: a profane word in my Ife, nor have I ever heard h!oi ue -ulgar language. T. A. Divis said I am the edlfor nd propHetorof the Tuner, I for-aerly for-aerly lived In Colorado and knew lie defendant there; ho resided In tico, aud was probit-jujgeof the ounO j 'lis reputation for xace and alet lu tliat community was gooj, nj I never heard anything against um. Captain Greenman I have known the defendant for reveraljeaw. His reputation fur peace aud quiet Is good. I never beard of his u-in a gun on any one, except this affair. Mr. Warren recalled I have known the defendant at Ophlr for nine years. Always heard of hint as a quiet an i peaceable man. Lyiandcr Gee recelled The defendant's de-fendant's reputation for peace and quiet is goaJ, and previous to (his affair t uever heard a word ogaintt him. The court adjourneJurlil this morning. When the court rcarcmiuled this mjrnlu;, the defense called inS- SUSAN DUKE, who raid she bai knowu Wyman for about ten Jesre. She had always al-ways regarded him as a quiet and pcacc-iuie man, aud was not awar of his having bad any difficulty with any person up to the time of this affair. J. C. McVIekers. Salt Lake City, had been well acquainted With the defendant for ten or eleven years. He had a good reputation, and witness wit-ness had never heard him indulge in strong or profaue lauguage. Samuel J. t'ollock, this city, had known Wyman for cis;ht or ten j ears, and alw spoke of him In the most favorable terms. ToMr.CrIlchlo-WhiIe inOphlr witness never heard of the defendant, defend-ant, during some election dlpute, drawing a gun upon a man named Stanton. II. W. Lawrence, SaltLake City, salil he had known Wyman for four or five years. Prior to this homicide homi-cide he bad never heard anything against him. To Mr. Crltehlow His actual knowledge of the defendant was confined to the perioi of his real-deuce real-deuce In this city. WYMAN M STATEMENT. The defendant was then called to the stand. He said he was thirty years of age, and was lorn at Cleveland, Ohio, wliMi pUce hu left in IbTO and went to California with hU mother. He remained In California about six months, having gonu there for his health. He returned re-turned to Cleveland fur a short time, and went back la California. Atter remaining thereabout a year be again left for Cleveland. He soon afterwards began to ttudy Iiw, being at this time about niue'een years of age. Some eleven years ago he came to Salt Lake, and remaining in the Territory about a year. During a "portion of that period he managed one of the Ophlr mines. He went to Xuvada for a short time, and was there engaged in assaying and other work. From Nevada he came to Utah Territory, and lived more or less in Ophlr. Ho was admitted to tho bar in Denver, Den-ver, and subsequently weut to Rico, Col., where he held a good position. From Itico he again, two years ago, came to Salt Lake, and opcued up a law office on Moiu Street. Previous to that he was balllfTof tho Thin District Court. Her-malnedinSalt Like about three months practicing lav, his reason for again Ic-tving being broken-down health. From Salt Lake he went to Ophlr, where ho was principally cngageJ in pros-pctiug. pros-pctiug. aud filled bis spare time In transacting small legal matters. Shortly before Kclly'sdeath he(Wy-man)wasenga;udinacasein'whieli he(Wy-man)wasenga;udinacasein'whieli MeAflVe, i-ejeased'a brother inlaw, in-law, was one of the principal acton-'. When the litigation in this matter was over ho went to prospecting agiln. Just prior to November 4Ui he was &s37ciat-d in the prosecution ofMcAfleefor perjury, Mr. Condon being for the defense. The defendaut here narrated a conversation which he bad with Condon during tho noon recess of the court On the day of Kelly 's death, as detailed in evidence by Condon. He said nothing to Con-doa, Con-doa, however, about Kelly's men being very much "down on him, and having gene for" him. Ilia impression was that he told Condon Kelly had been a very gocU friend to him. The law suit ill question concluded nboul three o'clock In tho e-Itcf noon, and on Its termination he believed he went home. The case ended In McAffeo being bound ove on a charg. cf perjury to With a Mr. McHerney, on ". c,vf n-i'B of tho tragedy he walked toward Franks' saloon, but .Q elDr '"y and others them be declined to go In. He then wtfnl lb his cabin dlstAnt about 160 or 1G0 reet rnWt the saloon-stayed there a short time, then to the ttore and, later, returned to the saloon for the purpose of meeting Mr. Condon. It as then about 11:30, he believed. Passing through tho crowd near the liQorti!i? 1TJ?1?rJ 5-Sut across lo tho billiard-table White .Uddltie fwalnu Jt Mr. Condon came up to him. Ho (Wyman) told him he ha J come to bid him good-bye, and they bad a drink tcsether. If.. (defendant) had only n. gUva cr cider. At this time Kelly catae up to thenjanJ iald: "Charlie Wyman. I want to tell you what I think of you In tho presence of this man" (meaning Condon). His Impression was that ho merely replied, "AH right." Kelly then nikcd, "Uavn't I always b?tn a friend ofjoun?" and he (Wyman) assented. ICelly next inquired, "Didn't I help you from starving last wintei?" and to thUheanje.red, "No, rlr." Then Kelly remarked in n harsh tone ?.1.i?otr''- ",Toa are a conte-optible hlUecur. ou area low-life little s of a ,"at the same assuming a threatening attitude. Kelly was extremely angry and very much excited. ex-cited. As coon as Kelly uv-d tho last named expression he (Wyman) stepped backi iltUeJ "Mll'Tolman interfere.!, add lie (Wyman) went "HUoJ the saloon. lit) Lad no conversation con-versation with Condon on tho way out, neither did lie say to him or anyone rise, "No s of a can talk to me In that way." Condon, ho was sure, did net go ollt of the homo before him. Ho (Wyman) left the saloon hurriedly. Upon reaching his cabin ho went In and looked aru.ind th-j rvjni lit Kiirth bl some area.on, sui-V the rifle, took it up and returned to tho saloon. Upon arriving at the saloon he halted at tho entrance. Kelly was still there and also a number of other person". Standing on tho threshold lie called out, "Jim Kelly, you've got to apologias for Calling me a sf h b . Take it back: tak-j it back' As be i-tood with the gun in his baud, pointed upward, there W43 general movement on the pait of the crowd towards him, and as be was holding tho sun with the muzzle toward the cclliilfj, Some one struck it near tin- end of the barrel, bar-rel, knocking it down. In'tanlly it weutefT. 1 he striking and the discharge dis-charge termed to be "one aud the fame act." Hetho'iglil for the moment mo-ment that ion!o one had shut at him he was so surprk-ed. When the gun fell from his hand he ran a few steps baited, and then surrendered himself. Hcdld not aim the gun at Kelly at ail, and if he baJ pulled thetrkrer before it was knocked down tlie bullet would liave penetrated pene-trated the celling. He had no in tuition whatever of shooting Kelly, lr.it f Imply meant to frighten him into apologizing for what lie liad said. No thought of Injuring Kelly ever entered hli head. He n as greatly exited at the time. His idea was that Ivelly,on seeing tlie gun, would Instantly withdraw tliu remark he had made. Cro? examined Most of his life sinew 1S79 had been ased in the west. Tlie defendaut wai then questioned in relation to. the lawsuits law-suits In which the Kelly family had figured, and as to his feeling towards the deceased man. Kelly and he had &lay, befjre the Institution In-stitution of the laud ult&, beenKood friend hut hu certainly was afraid on Uiis night that ICelly would go after Itiui. When he first went In nndsawKe-ily he ewuld haae left, the saloon ha i he felt disputed to do so. WlienTol nail interfered on his behalf and rushed up to 2Ccly lie (Wyman) called out, "ijirt, dou'J,"2 he didn't want any trouble trou-ble (here. He voluutarils u;d no eucli words to Condon as "If you had only stopped me n hen I met you on the porch, thU thing would nexer have happened." His motive In rushing from tho saloon home was merely to get out of the n ay of further trouble. Ile.cr.ulJ nut tell when the idea of getliig t!i-s gua fit-l entered ills mind Hit eele Intention was to frighten Kelly intoapeHcUini:. It did ii t occur to him, atter Ms ex-,rlLticu ex-,rlLticu In mining cahlps, that It was auVmvrous Uiliu lointmduce-a gun jiij a Jut of jieople, even though he 'M nut intend to Wv It. Mr. Critchlow Now, supposing ICelly had not apologized to you, what did you Int.nJ tiili with that gui Wyman I never thought about such a thing as Ills not apologizing. Mr.Critchlow It simply occurred to you, without any djuU', ILnt on stclugthcgun he would apologize? Wymin Vcs. Mr. Critchlun If he liad not apologized, then, you had not thought further wiiat the consequences conse-quences wouM 1k. Is that true? Wy ma n Ye. Mr. Critehlow Why, then, did you point tlie gun into the room, if jou ha J no intention of ciug it? Wyman answered that ho wanted Kelly to see It, and he thought hu would haven better opportunity of doing to by his holding it up In the way he did. ToJuJco rowers The gun had been loaded mma time prior to the day of tbotracedy, and he had no recollection whatever of cocking it himelf. He had seen n boy handling handl-ing the gun a day or so before and tcquesti him to put it down. Tills concluded the examination of the defendant. Henry Wyman, brother of tlie nccu;ed, who U an attorney at-law, rvsIJing in this city, was then called. Mr. Dickson was proceeding to interrogate the wltntto as to the death of his mother in a certain Oh institution, when Mr. Critch-lo Critch-lo objected to the question on tlie ground of Irrelevancy. Mr. Dickson said his ol Jcct was to show liiat tlie defendants mother aud other members cf his family had shown symptoms of insanity anJ excessive nervous Irrltiblllty. Atter Kime argument, J udge Zane sustained Mr. Critchlow '(objection. Inasmuch, he said, as tho defense of lnsanily had not been set up. Tlie witness then left the stand and the court took recess until 2 o'clock. This afternton Thomas Alma, a member of the Salt Lake Sportsmvn Club, said he had been familiar with fireatms for many yean. In h's opinion It would lxi lmpo sitile for a man to aim at an object w ith a. rifle, fire it, anJ drop tt at tlie same moment. The defensa offered In evidence the depositions of Thomas Gaffney, taksu on oath before the coroner, to which the pn.SfCutIou offered no obJcctIon.The t stImony,in brief, was to the effect that witness saw Wyman Wy-man at the saloon door with a rifle in his band, the weapon being about level with Kelly's shoulder. He heard Wyman say "Take it back," and as soon as he raw the gun be placed his hand upon it and tried to throw It dawn. LGafTaey, It seem, ha disappeared, and could not be found by the prosecution to give evidence at the present trial.) The witnesses Marlow and Terriil were recalled by the prosecution and questioned on several points given in their evidence yesterday. James McTierney was called by the prosecution, but It was decided that he bo not examined. Mr. Jack, foreman of the grand lurr hy whom the indictment against Wyman was found, was called by the prosecution, and Inter-rogated Inter-rogated as to whether he could remember, re-member, upon refreshing his memory mem-ory with the rerd (produced), certain things stated .by GaUney when before that body. The witness was in the haids of Mr. Critchlow when the ews went to press. . The trial Is expected to conclude and the verdict to b reached some tlrae tomorrow. |