| Show THE MURDER CASE mulloy malloy pleads self defense and liquor in justification in the continuation of the trial of neal mulloy yesterday alvernoon alter noon for the murder or of george J hughes hashes several witnesses were introducer introduce W by toe the defense to prove mullous Mu lloys former good character and that hughes had bad called him hard names in the and made some threats against him neal malloy the defendant then took the stand and testified I 1 am 85 35 years of age aee was born in ireland I 1 came to utah six years ago next fall I 1 am unmarried and have no BO relatives in this country except some cobbins la pennsylvania I 1 ws am a miner and have followed that business ever since coming to the counts counti y I 1 first worked in the coal mines in pennsylvania went from there to vancouver island from there went to san baa francisco where I 1 worked as a waiter then worked at mines in bodle bodie california went to idaho where I 1 stayed forone tor one stammer cummer then to park city and after working in mines there for or some time I 1 went to work in the coal mines at grass creek from there I 1 went to frisco got leaded and came to this city after getting well I 1 went to idaho again and finally anally wen went t back to park city I 1 did not become personally acquainted with hughes until a year ago last december when we were working at the ontario mine I 1 never had bad any difficulty with him prior to august and HAD NO ILL WILL towards him I 1 did not know black jack murphy and was not la in park city at the time he be was lynched 0 on a the of august last I 1 was in park city and was going around from one alace to another I 1 took some interest ia terest in the election and was drinking considerably sider Ader ably drank at poter peter hollands aloon where I 1 shook brennan for the drinks I 1 then went to the polls got both tickets and voted after this mr newell asked me to go down to cupit capit brennann Brena Bren ans nans saloon and we went down this was about 6 in the afternoon moffatt was in the saloon both times when I 1 went there the farat rat time some heated words passed between 06 tween us I 1 made some remark about mclaughlin and moffatt said sald aa take a rag off pardner 11 he afterwards alter wards apologized and we took a drink on my second visit to the saloon some one said malloy Mn lloy nave have you voted coteal I 1 said that I 1 had and haldone had done lots of scratching hughes hughea said tie he had voted the set raight ticket and I 1 replied that I 1 had voted lor for D C and thought that IRISHMAN in park city ought to do the same in order to show the clique that was trying to defeat him that they could not run park city hushes hughes inquired what clique do you mean I 1 said it can make no DO difference as you are not one of them he replied 1 I thought you referred to the clique that lynched murphy and I 1 was on the train that took murthy murphy from coal ville 91 I 1 saidi did not know now this and that he must know the men who were on the train he replied that the in men en were all masked I 1 said 1 I would know you joe if you were masked and he replied ill it you say I 1 know them you are a d lying a of 0 a b 11 I 1 replied that I 1 might be a liar but I 1 was not a a ot of a b and said you a are r a larger man than me and I 1 suppose you yon can abuse me R he e replied yes G d yeu yen I 1 can throw you over the house bouse but to make mattera even I 1 will meet you with anything from a toothpick to acau a cannon nou I 1 isaid said it nothing will do but a gun tight right you yoa can have it but doitt go out unless you are heeled we then started out shears tried to prevent from going but moffatt sard said let joe go be is heeled they then went one and some dome one put pat a gun to io my hand band I 1 went out very much excited there was some talk and hughes started towards the door and put pat his hand in his pocket 1 I wheeled and fired one shot hughes was at least sixteen feet from the door when I 1 shot the witness here located on the diagram the position occupied b by Y himself himsel fauck and hughes hughea at tile the time of the s shooting wo ting I 1 was not armed when I 1 went into the saloon and never owned a pistol in park city eisaw I 1 saw bennett after the shooting hooting li and told him that the shot was orect fired iowa down below I 1 was terribly excited and probably did not realize what I 1 was saying I 1 lam am naturally nervous and at the time I 1 went into the saloon was UNDER OF LIQUOR i hughes was a much larger ma man a than 1 I standing about six feet and weighing perhaps pounds the scar on en my right hand was received in bradford idaho on july ad when I 1 tried to separate sow some men who were fighting I 1 was only a spectator the court then adjourned till this morning when the defendant again took the witness stand tor for cross ex his story was genera generally 11 the same as in the direct examination but bat in some parts considerable more more a detail atal tal was given re he sad fhe first time I 1 saw hughes wit wad when we were talking about the election when he be said he voted the straight ticket though he be did not like some of the men the first harsh words were made use of by hughes when he called me a d d liar this was when I 1 said that it if 1 I bad seen him on the train masked I 1 would have known him he be said I 1 lied if I 1 thought he knew anybody he used strong epithets also called me bi 46 car and a cow ard and not man enough to take my own part he be said he was a bigger man than me and could throw me aver over the house he offered to RO go outside with anything any thine from a toothpick to a six pound cannon I 1 told him he could run no gun un bluff on me tie he asked if I 1 was heeled f ed and I 1 said I 1 soon could be he be told fold me to get heeled we talked tor for some time he was abusing me some one puta REVOLVER JS IN MY HD while I 1 was standing there do not know who gave it to me I 1 hod bad my hand band back of me was in U i he habit et carrying my hand that way ever since I 1 was hurt I 1 put the pistol in my hip pocket did not examine it did not take it out till we got upstairs and 1 drew it to snoot shoot Hu hughes glies I 1 was very much excited after the gun was pu put in my hand band and hughes challenged me I 1 told him if he wanted to light I 1 was his bis indian I 1 meant by hat I 1 was ready for him he then said come on outside it I 1 I 1 sald saidi joe dont go out with me unless you are heeled 11 he started and I 1 went with him be 8 said aid lie he could take care of him someone I 1 think mr shears took hold bold of i him to stop him I 1 continued out going past him I 1 do not te remember member having called hughes a d d liar or coward I 1 donl don know whether I 1 did or not we were both pretty angry and talked loudly heard hughes say I 1 could have it any way I 1 wanted it I 1 went upstairs to the platform up there shears told we me hughes was willing to settle it and asked me to go back I 1 said I 1 was also willing to settle it and turned back part way down dowa stairs stairs met hughes ana and moffat coming up shears tried to get hughes back and he be refused saying he was going outside TO KILL ME MB moffat took hold of shears and said let joe go outside he be Is heeled hughes then thea pushed past shears I 1 got very angry conduct and we all went upstairs I 1 did not know what I 1 was doing I 1 was so excited when I 1 got to the platform ila hughes lies was ou outside taide he be had his right bari band at his hip pocket I 1 rushed out and parsed him around and faced the door am do db not re member what was said at the time he be he be had bad his bis right hand band behind him when I 1 shot I 1 shot him because I 1 thought every minute he would shoot me the understanding was that we would h have ave a gun fight I 1 expected him to shoot me as soon as I 1 appeared he was OUt OUTBIDS OV OF THE DOOR when I 1 shot him I 1 suspected he was going to kill me and I 1 tired I 1 did not see him make a movement did not ob serve the effect the shot had bad on 04 him I 1 was too excited he jumped back for the door deor and I 1 sprang forward I 1 then went back did not see hughes again don dont t known know what I 1 did after that till I 1 saw sweeny outside a few minutes later policeman brennett Bj ennett came up and spoke to me I 1 do not know what he said said or what was my reply I 1 started down do wn the back street and had bad gone but a few yards when bennett came and arrested me m I 1 do not know what I 1 said to him to the defense when I 1 shot hushes hughes was nearly facing me his right hand band on ht bis 8 1 pocket edward capon cp pon testified stifled te I 1 know james mo moffatt att and edward shears beard heard the shot which killed flug hushes lies moffatt and shears were intoxicated at the time to the prosecution cution I 1 saw shears five minutes after the shooting and moffatt ten minutes later the latter was shouting lynch hiell him their actions indicated they were under the influence of liquor thomas thomaa cupit testified I 1 got a pistol from hushes hughes pocket after he was shot it was loaded to the he prosecution hughes was lying on the table and the weapon had bad partly girt y fallen out of bis pocket saw no handkerchief the doctors mrs hughes hubbes mr reese mr shears and others were there policeman roll cemali W H bennett testified I 1 got a pistol from mr cupit capit on the the night of the shooting it is now BOW at my place in park city I 1 thought I 1 had bad seen the weapon once before in the possession of mr hughes stepson this must kieve ave been two years ago mr varian announced that the defense bid bad but one more in ore witness who was not present and recess was laken till 3 2 p m I 1 th the e pi testimony es of the other witnesses was in ia corroboration of ef minor facts already mentioned in the evidence evi deece the arguments will occupy the remainder of the afternoon and this evening and will possibly go ever till tomorrow the prosecution will maintain that the murder was wilful and that the tory atory told by the defendant is untrue they claim this is evide evident ut from the fact that tie be says he shot hughes while both were outside and on a level with each other the account of the witnesses for the prosecution is borne out oat by the fact that the bullet which entered hughes body ranged from the left breast to the right side bolg downward about ten inches a in passing through his bis body a thing that would be impossible if the shot was tired fired in the position mulloy describes The defense on the other band claim that the ball bail was deflected in ia its course by the rib and breast bone with which it came in contact and its direction thus changed this evening mr varian will make his bis supreme effort before the jury 1 dry in behalf of his bis client during the whole proceedings of the arial the actions of the defendant have denoted intense and suppressed excitement cit ement unlike most of thosa tried for the offense with which he is charged there is nothing stolid about his bis demeanor or appear is about live five feet ten inches in height of spare build and light complexioned his bis forehead Is quite bite low his restlessness restle asness while while tho trial has bag been conducted has been most masked it seems that he li cannot keep still he is either cla clasping his bis hands bands pressing bis big fingers stroking tits forehead or engaged in sonae some other movement all the time on the witness stand it was equally difficult for him to keep still la in explaining he be would frequently rise to his bis feet and moving around would sit down again all showing how keenly lie he feels the dangerous position in which he to Is placed |
