| Show TRIAL OF TANDY M HUGHES the trial of tandy 11 hughes for the killing of frank D romayne a fellow tribune compositor was proceeded with again march alth in the third district court an attach ment was issued for W J miles newton learned daniel davidson george 8 S carter adolph anderson andersen fred simon L U colbath and george mullett who failed to appear yesterday afternoon all but miles and carter reported themselves this morning later in the session mr miles came in and stated that he had been called away by sickness the judge instructed him that it was necessary necessary for jurors to inform the court before going n away mr carter said he fod had not not appeared because he took the word forthwith on the summons to be fourteenth and when the judge looked at he considered mr carter was justified the jury as finally sworn is as follows W H roy 0 D Hendri hendrickson okson W r F A J gunnell daniel dunne john J thomas 0 A dahl H A ferguson geo Q G tate fred simon A S lineback Lineba cn ea george forrester For reeter after the jury was paneled em and the indictment read MR MB VARIAN made the opening statement for the prosecution he said they expected to show that on the afternoon of sunda sunday nov 10 1889 frauk D romayne were standing in the doorway of the hall leading upstairs up stairs into the tribune building when hughes and a companion named daniels came down the sidewalk As they drew near to the hallway hughes said to romayne Bo mayne you isyou s b I 1 you had bad the drop on me last night but now I 1 am heeled come out and fight like a man he moved on going toward the outer edge of the a do de valk but still keeping his face toward romayne Bo mayne begot he got out gut in the street and repeated his challenge at the same time raising his pistol above his head he then put the pistol in his pocket when the ch illenye was made romayne replied derisively go ahead with your shooting 11 he drew a pistol but never used it hughes moved a little farther on cn and suddenly began firing romayne stag staggered gAred and laid down on the sidewalk while hughes backed offard off and went around the corner he afterwards returned and was arrested in a few moments from the time of the shooting ro bo mayne died there had been a quarrel between the men before this and tad bad feeling existed mr varlan varian said the prosecution would claim a verdict according to the degree justified bulhe by the evidence whether murder in the first or second secand degree or manslaughter MR MB DIMSON then gave the defendants version of the tragedy he said that some time before the homicide romayne had imbibed a bitter feeling for the defendant and for a week prior while the two were working in the game fame room romayne had bad made in suiting and jeering remarks hughes had apologized for a remark made to romayne Bo mayne which was considered offensive but the latter was not satisfied about 4 on the morning of su sunday n da november 10 as the compa compositors were g aing hume home most of them having left the building hughes went out the buck back 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 heard voices behind him aud and looking back saw romayne und and two or three others ROMI LYlie came toward him and he continued on his bis way there is a cutoff cub off path over toward where the skating rink was and romayne took this path so that when he got across the street he was a few feet in advance of hughes who had passed over the crossing and turned along the sidewalk romayne stopped hughes and be gan calling him vile names he flourished a pistol and dared hughes to fight the latter said odd he wanted no DO trouble wid and romayne struck at him with the weapon he then called hughes a coward and bastard saying he had bad no do sand in him and indulged n very abusive language hughes said he was not armed and did not propose to fight with a man who had a pistol then romayne went back a little way laid his hia weapon down dow u aud and told hughes that he be would fight him even in his weak physical condition hughes again declined to light 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 time passed to the north of romayne Bo mayne and resumed his jour ney up the street the other followed and he broke into a run to get away then romayne ran after him and called him a coward snapped his pistol at him twice and said I 1 you 8 b if I 1 see you tomorrow or the next day ill settle you hughes continued running and romayne stopped the next day hughes ant daniels came down second south street to the tribune office where a number ot of persons were standing in the hallway halway romayne was not dis cover edtill hughes came quite close and the latter stopped stepped out towards the street saying you a b you bad the drop on me last night I 1 am heeled now come out and fight like a man romayne said jeeringly go ahead with your shooting rig hughes had bad put his hia pistol away and was moving along the street still watching romayne Bo mayne at this juncture F M pinneo who was one of the party standing with Bo romayne mayne came out toward hughes and was followed b by romayne who drew his pistol 0 11 As hughes came toward the sidewalk he saw romayne Bo mayne and looked from one side to the other of to keep a watch on his antagonist who had bad his gun leveled on him pinneo noticing hughes movement turned to see what was up and saw romaelle Romay lle behind him from letl in hand pinneo jumpa i between the two and hughes seeing romayne with his weapon drawn and pointed at him and about to shoot pulled his own pistol from his bis pocket and began firing never stopping till he emptied Us his gun then he moved around the corner out of view of remayne Bu Ru mayne who did nut not fall till after hughes hughee had disappeared when the officer came up hughes surrendered himself and requested that the gun be taken from romayne Bo mayne which was done the taking of testimony then commenced DR DB A S B DOWER being the first witness for the prosecution testified that on sunday afternoon nov he was about half a block west of the tribune building when he heard the shots As I 1 drove up I 1 saw a man fall to the sidewalk I 1 got down aud felt that he was the ball had entered just above the left hip bone a little to the back and passed through the abdomen coming out 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 there were but four but I 1 think there were five I 1 saw some empty cartlidge cartilage cartt cartil idge dge shells on the sidewalk to mr dickson A pistol was found in Roin aynes pocket docket I 1 noticed the bowd browd just before the shots were fired there were th three ree or four men together as near as I 1 could judge from rom the distance I 1 saw hughes go around the corner he hesitated as lie he went past the corner of the building DEPUTY FRANKS te testified stifled I 1 ws was at mccoys mccols livery very stable at the time of the shooting heard five shots as I 1 judged there may have been only four but I 1 think there were five I 1 got to the acene of the shooting and learned which way tho man who did t the he shooting hail had gone I 1 the corner and met hughes with his pistol he said 1 I am the man who dm di the shooting and gave me his pistol astol 1 identified the weapon POU there h ere were two empty cartridges but no wads in it thee were three empty chambers the empty shells can be marown out easily and quickly hughes asked me to get the gun from romayne policeman cummock and I 1 went with hu hughes hes to where romayne ne was and Y I 1 found fouad a pistol on him romay Boma aels gun had four loads and one oae empty chamber as I 1 remember it there may have been only two that ray my memory is not clear on to mr dirkson hughes gave himself up to me as soon BE af we met and requested me to get romaynel Ro mayneS gun JOHN W SHARP testified I 1 was a policeman at the time of the shooting I 1 received two pistols from mt mi F franks aks when hughes was brought 9 to the city hall one pistol said to be ro may maynes maynell nels had in it two loads and three empty chambers the one claimed by hughes had two empty shells and three empty chambers identified the weapons to mr dickson 1 I maile made no marks on the pistols or the shells to mr varian the rhe cartridge bartridge in i n Romay Bo maynes nels pistol had passed the hammer they were on the right side POLICEMAN ANDREW M SMITH testified fled 1 I have had bad the custody of the pistols in Romay Bo maynes nels pistol the cartridges were just past the hammer if the pistol had bad been snapped in that position rio 10 shot would have been fired as the hammer would have come down on an i bapty chamber FRANK M PINNEO testified I 1 am a printer am employed at the tribune knew romayne and hughes just before the shooting I 1 was standing stan diug iu in the entrance to the tribune 7 ne hallway with me were romayne Bo mayne Burlingame and joe arthur it was about 2 pm arthur was farthest east then came romayne Bo mayne and I 1 was next and burlingame next we waiting for a paper a st nd I 1 stepped out to the sidewalk walk and ald saw hughes and daniels up by the opera house they were coming down street at an ordinary gait the next time I 1 looked at ul hughes was when lie he ws quite close and he said come out here and fight you s b you had the drop ou on me last night but now I 1 a n heelein heele ii 11 ile he was across the gutter then and drew a pistol which he raised above his hed and then put it back in his pocket I 1 did not know at first who the remark was add addressed reed to romayne said go on with your shooting hal ha hal ha hall hal there was no mirth in the laugh it was more of a sneer hughes said come out anti and fight like a man he was in the street walking backwards and sideways anen he stopped almost in front of he entrance he started on again and I 1 went toward him he was excited I 1 never dever spoke to him his pistol was then ihen in his bis pocket and his bis hands were by his side As I 1 walked towards him he moved his bead from sid to side looking at some one behind me I 1 turned to see who it was and saw romayne with his pistol pointing towards hughes I 1 moved out from between them pretty quick As I 1 jumped aside the shooting beiran began I 1 heard four shots and saw hughes as he was firing there may have been five shots romayne had raised his left arm as if to guard himself and would swing his body as each shot was fired when the shooting stopped I 1 said to romayne youre not hit are you and he said yes I 1 said where and he replied here in the stomach he looked for a place to lie down arthur and I 1 helped him down on to the sidewalk hughes went west ian an i around the corner I 1 saw the pistol taken from romayne it was in his overcoat pocket I 1 dont know when put there at this point the court took recess for an hour and a half when the cross egami examination nation of mr was continued in the hughes trial yesterday afternoon the witnesses following mr mr pinneo were J B cummock J M goodwin goo twin R joseph arthur E D burlingame george B R gushing cushing V V daniels and B B R reed the two latter lor the defense their sta temen ts to agreed with those of mr pi published also those of hughes himself in regard to the shooting this morning in continuation ot of the th case aandy M HUGHES the defendant testified 1 I am in my year am a compositor by trade have worked in iowa kausas kansas illinois tennessee and other places came to utah in august auguet 1889 worked on the herald wad and tribune had bad been at the litter latter place most of the time I 1 was in town prior to the shooting became acquainted with romayne there on sunday nov 3 1 I attended a aeeti meeting ng of the printers union at that meeting there was some agitation about kids girls being employed at less wages than men there was an impression that any one employed at the tribune ZVi bune who took part in the work assigned to a committee appointed to see the management ager neut endangered their situations several had declined and romayne was appointed he also declined elined de and it at this juncture ture I 1 jokingly offered a resolution that the committee be provided with masks so that the manager would not klow them I 1 heard beard that romayne was offended and I 1 went to him anti and stated that I 1 had no iio reference to him he said he paid no attention to any fool but if a man did that to him he would call him dowl he be said he be attributed it to my ignorance I 1 said he was quite complimentary he said I 1 I 1 could take it as I 1 pleased I 1 asked mr daniels to inquire what I 1 had done and romayne said he referred to my resolution I 1 asked if my apology had not been sufficient he was abusive and said eaid if f I 1 wanted a knife or gun fight he would accommodate me as he be was an expert with either I 1 told him I 1 wanted nothing to do with him he carried a pistol and a day or two afterward mr snider asked him why he did so he said some one might pull a knife on him and he would put a hole through him on saturday nov 15 some of us attended a funeral when we got back to the office those of us who had been to the funeral were short of a kind of type and the foreman gave us some we took it and romayne Iso mayne asked if it was gone mr stenhouse said yes romayne came to my cue case and made an uncomplimentary remark to me later he obstructed me when I 1 went to go in the wash room I 1 waited a lebut he would not let me in I 1 started away and he be tried to run against me neither of us spoke about sunday morning we quit work I 1 was the first one out and went to the pressroom waiting for a paper the press was broke so I 1 came out on to west temple street I 1 went to the corner and turned west across the street then turned north toward the block east of where I 1 was rooming ati As I 1 left the tribune corner I 1 heard beard voices behind me I 1 looked back and saw romayne following me I 1 walked as fast as I 1 could he took the out cut off and walked walk past getting ahead of me slowed slow up and he be did so at the skating rink buil building diug lie he stopped when icamen I 1 came up to him I 1 stopped because I 1 saw a revolver in his hand band he called we me a very vile name I 1 told him I 1 did not want any trouble he told me to get my gun out I 1 told him I 1 hail none he said you will need one before I 1 get through with you he pointed lna pistol at me and called we me lauy vile aarnes I 1 tried to talk him out of the difficulty and told him I 1 had given him no occasion to antso act so he struck ut at me with the pistol ind nd I 1 dodged he said I 1 hail had no fight in me I 1 told him I 1 did not want to fig agha man with a gun he said 1 I you without one even in 01 weak physical condition he pretended to la in his bis gun u own down I 1 told him he be could not get any fight out of me he said eaid he would make me fight and I 1 tried to get away be said he be did not like me awag an and accused me of drawing a knife on his friend he drew his pistol which he snapped twice I 1 broke and ran and I lie iw w called out A with ith an if I 1 see you today 1111 get you I 1 got to my room as fast as I 1 could when I 1 was wa inside I 1 heard some one at the window whom I 1 believed to be Bo Po mayne hut but I 1 was not positive I 1 got rot a pistol from my room mate a K german armau I 1 told him what had oc 0 erred I 1 did not go to bed for two hours and then I 1 was so worried I 1 could not sleep the pistol was loaded zall Z all five chambers I 1 also got five tt extra cartridges about 1030 am I 1 got up and later T r went down to the river and fired tw shots I 1 did this to learn how bow to |
