| Show THE KILLING OF the preliminary examination of sheriff john de la mare marc of tooele thoele county on a charge of killing W wm m J ryan byan began before commissioner worrell norrell july 25 mike cantlon and edward mccarty who claimed to have been witnesses of the shooting and who turned up as such after the coroners inquest were examined cantlon testified that the sheriff shot ryan byan while the latter was being held by two men but his testimony motty was confused and contradictory dic tory mccarty testified that he went into the car to help arrest ryan that the latter was asleep that he shook him and as he awakened the sheriff fired the fatal shot his testimony conflicted with Cant lons and was contradictory and unreasonable on n july 26 the following took place before commissioner norrell JOHN ct BECHTOL testified I 1 was at garfield garfiel Gar fiell I 1 the Z night ht ryan w was as shot I 1 know the d defendant fondant an and dalsor also alsola lr ryan byan I 1 saw tibe latter about when he came to me to borrow 5 he be also wanted to borrow a pistol but I 1 told him I 1 did not have one this was between 2 and 3 in the morning I 1 saw him everal times before that evening I 1 was not there at the time of the shooting but saw ryan immediately after I 1 remarked at the time that fie was either dead then or would be before he reache I 1 the city after the shooting I 1 saw de la mare but he said add nothing about the affair I 1 know mrs duncan by sight and I 1 know woods also the latter was talking to the sheriff and told him una that ryan was a bad man mail and that he had better look out for him he ke kept t insisting that ryan byan be ar to aar mr bowlins byan ayan did not say what be wanted to do with the pistol and I 1 did not ask him I 1 beard afterwards dm that ryan had drawn a pis pistol to I 1 on WOO woods ds and threatened to shoot him woods told the sheriff that ryan had drawn a pistol on him and kicked baw alto off the car and slapped a woman la ift the face after the shooting time I 1 looked into the car there chore was a candle in the rear end it knew the defendant had been acting as sheriff for some time and that gordon was his deputy also that mcbride was employed at barfield woods warned them all that ryan was a bad nian man and that they had better look out for him to mr varlan varian I 1 would not be positive there might have bee beau more inore than one light ryan rya n would weigh veigh probably pounds and orga iras about 5 feet 7 inches in het height gilt EDWARD wag waa re recalled called W led at the r request bluest of mr rawlins and test testified ifie when I 1 bam came to salt lake it was from minneapolis mma polls which place I 1 left about three months ago I 1 stopped off at velena tB elena butte and pocatello I 1 remained bained about two weeks at both batte autte and helena and at pocatello 01 ne day and one night fet mr rawlins then led him around k k to the various places in the country which he had been in and his occupation while at each of them his answers indicated that he was wa considerable sid erable of a tramp witness I 1 am not much of a sporting matt man but a kind of a one I 1 am not a prize fighter but fight when anybody bothers me I 1 have met some men in the ring who were prizefighters prize fighters I 1 could botsay not say how many I 1 have never had a fight I 1 dont say fight I 1 mean putting on the gloves for fun I 1 came into salt lake the night after the sh otting because I 1 wanted to and went to see kennelly ken nelly I 1 wanted to see him on particular business on oil my own business the business had nothing to do with the case I 1 brought iu in a note fram cantlon to kennelly in order to get work I 1 do not remember when cantlon gave me the letter and I 1 dont think it is any of your business it was a couple of days before ryan hyan was killed I 1 did not present toe the note to kennelly I 1 tore it up and threw it away I 1 tore up the note because I 1 think it was necessary to present it MRS LIBBIE DUNCAN testified I 1 knew ryan and was with him un on the evening he was shot I 1 met him at the lake I 1 went out at he at 1 I do not think he haa had been drinking when I 1 got there I 1 should judge it was about four welock on friday morning when we started home he had been drinking some soine by that time but I 1 could not say whether he was under the influence of liquor or not we had words before we got into the ear car he was very angry and when I 1 took hold of his arm to quiet him he pushed me down af tor ter wards when we were in the car he slapped me in the face we first started to come ho home me at but finally waited until the next train there were other people in the car woods was among them A difficulty arose between ryan and woods they were sitting in the front seat and ad I 1 heard them having words ryan told woods to get out of the car threatening that if he go he would put him off at the same time drawing a gun on him woods was in i n his seat atthe at the time ryan andl and I 1 did not HO go in bathing together this was about one and a half hours before he was killed the quarrel between the two men originated over me ryan byan was not my escort neither was woods after that I 1 went up to the saloon with ryan where we remained ned until the train returned from the Y when we again boarded it taking the last sent seat on the car I 1 did not see his pistol again that night I 1 suppose we were in the car about 30 minutes before he was shot two men passed me coming in from the south side of the car I 1 believe one was mr gordon on the other side mcbride came in the first I 1 saw of de la mare he was standing in fronton front of ryan mcbride took hold of ryan he had not spoken to me for about ten minutes the car was in darkness he might have been asleep I 1 believe de la mare had a light but I 1 am not positive the shooting was done so quickly that I 1 hardly enow know how I 1 recognize mccarty as heing being one of those who came in I 1 heard the report of the gun but did not dot see who fired it deputy gordon was among those who came in to arrest ryan byan no words passed between the officials and ayala I 1 did not see his hands before the shooting occurred but afterwards I 1 saw them lying in hislar his lap I 1 testified before the coroners jury and have now told all I 1 know about it I 1 met woods at the lake where I 1 was introduced to him I 1 do not know what ryans byans temper was he struck me twice the shooting took place about 2 to mr hawins have known the defendant about twelve years and gordon the same length ot of time I 1 saw gordon in the ear ar immediately after the shooting he came into the car from the south side during the last ter ten minutes before his death I 1 paid no attention to ryan byan whatever I 1 I 1 went out on the lake with mrs MM gililand it was my intention to return on the same train with her and her party but ryan byan objected saying there enough men on the train to keep him from going home with me when he drew his pistol he pointed it at WOOI woods a and called him a a of a ab b he then took hold of me melade made me get off the car and appeared to be quite enraged he took me along the track to prevent me from going home with the other tart party woods said nothing to provo provoke byan yan that I 1 knew ot of he did not use any vile language towards ryan byan but on the contrary told ryan byan that he did not want to have any trouble with him ryan byan asked me if I 1 was ing home with woods and foide told him no that I 1 did not come out with any escort and was going home without one he insisted that I 1 should go home with him and demanded my ticket which I 1 gave him he then turned on woods and asked him what he was doing there woods said he had bad as much right there as anyone rose bose and ryan byan had a conversation aside from the others and when ryan byan came bac back A he picked up a stone from the ground and endeavored to strike woods but failed before that time he had pushed me down immediately after the shot was fired de la mare said my god boys ive shot him but I 1 mean to and mcbride said this is awful gordon was there at that time it may have been that de la mare said he want to shoot him I 1 do not k know now whether gordon picked up a pistol stol from the floor or not just as the officers offices rs put their hands bands on ryan byan the shot was fired there was considerable talk soon after the shot was fired I 1 heard some one say anybody who would shoot a man that way is a coward coard and a murderer I 1 do not know mccarty but saw him at the laketha first day of the shooting I 1 ng an adjournment was then taken till next morning when J K GILLESPIE was called but knew nothing about the case came and was excused MICHAEL JOHN BROUTHERS who had been brought in on an attachment tach ment te testified stifled I 1 live in salt lake and do almost anything worked at garfield beach on the for one da day y was there when W J ryan was shot on july 12 the shooting took place about a m never saw ryan byan before there had bad been a fight near the tank the sheriff came along and i I 1 followed through curiosity I 1 was outside of the ear car on the foot board when the shot was fired mcbride me bride had a lantern and came in the mountain mountainside side the sheriff came in on the same side mccarty came in on the lake side mccarty toot hold of ryan who was asleep ryan raised his head antl and de la mare shot the sheriff then said he had done it accidentally I 1 told the people 0 p e mas to give ive the man some air eror gordon d was holding his head gordon was not in the car at the time of the shooting Dg I 1 saw no pistol in ryans hand aid gid not see any weapon at all on him to mr raw line I 1 was outside of the car at the end of the second seat the sheriff had no lantern when he was in the car I 1 am positive of that he did not hold up a lantern in his left hand mcbride had bad the lantern I 1 saw gordon on the platform he came up with the ahe sheriff riff there were five or six of the party party there were railroad men with lantern anten on the platform I 1 did not know gordon bordon then never saw mccarty before that day there was a woman between mcbride and ryan when the shot was fired mcbride did not have hold of ryan when he 4 was shot nor was he shaking hini him ryan had his eyes open 0 D I 1 could coula not see his hands he w was jt shot just as he raised up I 1 talked with mccarty and cantlon this morning about the attachment and fine on me they said they would see kennelly about it I 1 talked with cantlon about the murder 1 dont think it was a murder I 1 think it was accidental and he said I 1 would be subpoenaed I 1 did not talk with louis Schilling have not spoken to sheriff de la mare was subpoenaed on the was not at garfield that day I 1 think I 1 was there next day did not meet the sheriff sherlf fth there did not offer to shake hands with him I 1 have made a mistake it was on the th that a t I 1 went to garfield and spoke to the sheriff there I 1 did not say to him 1 I dont know what that d d cantlon had me subpoenaed for because I 1 dont know a thing ing against you I 1 said 1 I dont want to appear against you the sheriff drew his pistol and fired quickly I 1 thought it was accidental he be had no lantern I 1 thought he pulled it too quick he be seemed excited and his exclamation indicated to me that it was accidental before then I 1 heard the sheriff say a man had slapped a woman in the face M ia DAVIS testified I 1 reside in provo am traveling for studebaker bros was at garfield beach at the time of the shooting of W J ryan was in the car at the time alongside of mr de la mure he had a lantern in his hia hand there were a man and a woman sitting side by side the sheriff went in facing thern them ahe the man ryan byan had his head dropped slightly forward the sheriff said you are my prisoner and he and his bis two men sprang toward ryan there was no seat between the sheriff and ryan byan when the three went forward the shot was fired saw the pistol afterward ryan byan raised just as he was sh ot it was all done inside of a few seconds after the shot de la mare M said he did not mean to km him there were three men in the car de la mare was between ryan byan and 1 I saw no one hold bold of there were two men in the same seat coming toward him I 1 had heard that the sheriff was going to arrest a man for threatening to shoot and I 1 went through curiosity mr gordon was in the car at the time of shooting there was another man with him I 1 saw no pistol in ryans byans hand I 1 told the lady I 1 thought the man who was shot would not recover I 1 was not at the coroners inquest v k to mr rawlins I 1 was looking in at the opening on the north side of the car the sheriff did not get in at the south side mcbride and gordon came in at the south side the fl first thing said was by the sheriff you are my prisoner and the sheriff gordon and mcbride jumped for him I 1 could not tell whether ryan byan had a pistol or not the sheriff may have been in the next aisle to ryan byan the sheriff shot when the men bumped jumped mcbride held ryans byans he head after the shot gordon was right therland there and may have picked a pistol up there here were only the two deputies the sh sheriff e riar 3 ryan byan the woman and my theowest end tend odthe of the car when the shot was fired I 1 could not have seen ryan byan raise his pistol it was too dark ryan byan straightened straighten eU up when the sheriff said you are my prisoner 11 his eyes were wide open and he was fully awake he before then as if he had been thinking to mr varian he could not have been asleep with his head as erect as it was I 1 looked at him for two or three seconds cantlon and an d mccarty were not in the car at the time of the shooting cantlon was on the platform right behind me when the shot was fired he made an exclamation cla mation about the shooting the men who have said they were in the car ar were not there cantlon could not see either ryan byan or the sheriff to mr raelius ballins I 1 was reared in the territory to mr varian I 1 never was in court before in my life to mr rawlins ballins I 1 know mcca mccarty arty was not in the car when the shot was fired there was no one between me and him to mr varian the sheriff had a lantern I 1 remember cantlon being behind me because he spoke cantlon and mccarty were brought in and mr davis identified cantlon as the man who stood behind him he again declared that mccarty was not in the car until after the shooting to mr rawlins I 1 have said merw ve little about this matter talked to M judd at the office where I 1 work ri was subpoenaed yesterday 1 borni mornine EDWARD was recalled and testified I 1 am 1 living at the same house as joh dokia ryan brother brot lier of the man who aiu shot have been at the same p with him ever since I 1 came fro aror garfield the day after the nIR district attorney varian said ji was through with his cue case mr rawlins said the prosecution should call the eye witnesses to th shooting it had bad failed to do th mr varian refused to call as he would not be able to cross ex amine them B R H R ROSE BOBE 1 was called for the defense he te tidied I 1 reside at omaha ara aar journalist ourn alist was at garfield on taw tha day ryan byan was killed saw him the beach mr jacob H mood a rs philadelphia was with met there were a number ladies there ve e were introduced introduce intro duct 0 3 to several among ong on g them mra duncan and mrs gililand durl during the evening there was a difficult between ryan byan and wood ft came up and ordered mrs bulk to go with him I 1 tried ta to pa pada him and went and took a drink ik was grieved because mrs dula dancs did not want to go home with h alms he had bad no cause of agg 9 against mr wood I 1 told jaan hans settle it with mrs duncan beasl day and he seemed satisfied os our return ryan made a pass |
