The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-08
The Most Interesting Day in the
Murder Trial.
ELLIoTT'S CONDUCT.
Defense Claims That 1t Drove Benson
Insane.
The Ground Upon Which an Acquittal Is
Hoped For--How Mrs. Benson Came
10 Write the Note Making an
appointment With Elliott.

sumed yesterday morning before
Judge Zane. The court was crowded
with spectators and those interested
in the case. The first witness put on
the stand was the Rev. D. T. Hedges,
who was recalled for further cross-eX-
animation by the prosecution and in
terrogated by Attorney Howat.
Did Mrs. Benson tell you about the
doctor making the assault on her?''
Yes"
when did she say the first assault
was made?"
About February 90"
when did she say the assault was
made in which his attempt was sue
cessful?"
March TO-"
Did you have private CONVERSE
ton with Mrs. Elliott?"
Yes"
''At that private converse ton did you
tell Mrs. Elliot that you had seen Mrs.
Benson and the doctor and that she
had said the doctor had not done
more than any doctor would have
had to do and that it was John who
made her say the things she had?'
What was your object in seeking
a private interview with Mrs. Elliott ~
ITO consult with her about the case
in my official capacity as prosecuting
attorney
What did you say to Mrs. Elliott in
your private interview with her?"
Il asked her what she wished me to
do in the matter of the killing of her
husband, and she said she proposed to
| let the law take its course and l talked
to her about the charges which had
been made against the doctor. l told
her that / had heard that letters had
been received from Fairview in which
| it was stated that he had been arrested
for a similar offense'
Did you tell Mrs. Elliott that you
had been to Mr.. Benson's house and
had seen Mrs. Benson?"
Not that 1 remember"
Did you say to Mrs. Elliott that the
reason they killed the doctor was that
they did not have a case against him?'
NO, nor anything like it,
By Mr. Montgomery:
You had a conversation with
Mrs. Elliott on the mornings Of Tues
day and Wednesday,"
Yes
state what took place then and
what you said.''
Objected to as rot proper cross-ex-
animation and objection sustained.
will you repeat again what you
said to Mrs. Elliott in answer to
Judge Howat?''
'T spoke to her about certain re-
ports I had heard about the doctor
from other places where he had lived
and also a charge which he was I'M
der"
you did not make any statement
to the effect that they had no case
against the doctor?'
mo-
Did you have any conversation
with DR.. Elliott about the charge on
the Saturday prior to the homicide?"
No
Did you on Monday. the day of
the homicide?"
YES"
you may state what and where it
was
Objected to and Colonel Montgom-
cry went into long argument to
show the admissability Of the ques-
| ton He said he proposed to prove
in the regular line of defense that
BENSON WAS INSANE
when he committed the act of kill
ling the doctor, and as justification of
the act he proposed to prove that the
doctor had defiled the defendants
wife.
Judge Zane-Do you set up the in
sanity plea?
Mr.. Montgomery-Ye I SO outlined
my opening statement.
The objection was sustained.
| when you were at Grantsville on
Wednesday and saw Mr.. Benson, what
did he say TO you?"
Objected to and objection sustained.
DIR. DAWSON.
examined by Mr. Montgomery:
Were you acquainted with DR.. FL
liott?''
mo: but l knew him by sight,
Are you acquainted with Mary Jane
Painter, of Fairview?''
Yes
Were you called to attend her pro-
fessionally?"
Objected to and objection sustained.
Mr. Montgomery-Then / want to
ask the questions so that the court
record may appear correctly as to
what has been objected to and my ex-
ception entered.
Judge Howat-This is simply a sub
terfuge to get the questions before the
jury in an indirect manner.
Judge Zane-State your question.
Colonel Montgomery-What was the
malady you were called on to treat
Mrs. Painter for?
Objected to and objection sustained
WAS Mrs. Painter incapacitated by
I
Objected to and objection sustained
MRS. JOHN BENSON,
wife of the defendant, was then ex-
lamined by Col. Montgomery.
How old are you?"
''Twenty-eight.'
How old is your husband?'
''Thirty-three or thirty-four"
when were you married2"
December %, 1886, at Logan Tenn
Where have you lived since your
marriage
'At Grantsville."
Where where you born?'
cat Grantsvilie.'
What was your maiden e?,
Melinda Mcbride
How many children have you?'
Two, aged ana 81
Did you know DR.. Elliott?''
Yes
you say you lived at GrantsviIl,
all your life but one year. Where die
you live that year?"
'At Bear Lake"
What is your husbands business? 2
He is sheep man
Were your domestic relations happ,
during your married life?
. Yes"
when did you first become &C
quainted with DR. Elliott?"
In January. He came to our hous
at the request of my husband to trea
me when 1 was sick
What was the disease from whicl
, you suffered?"
: "A female complaint"
How long did the doctor trea
lyou?"
From January to March TO-
Did you ever take treatment from
, any other physician?"
How often did Dr. Elliott trea