Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-06
DISTRICT COURT.
The Benson Euiitr Tilll Occupies The
Attention Of Judge Zil8 To-day.
EVIDENCE ron rns PROSECUTION.
several witnesses Nimintd--An A..
taclimcnI Issued for Mrs. Carlson
Large Attendance " Spectators

dic,mout charslns him vita being
concerned with another iu the wiiml
murder u Dr. co. Elliot, at Gru.s.
vile, IN Aprl last, was tr.uuUi nj
10 o'clock thls morning in tho Third
district court before Chief Jusaou Iluc
ard n Jury.
Druici Attorney Judd aui A ls.-
ans District AtOsl,y IOwe5 with
Attorney }. NJ. Hamilton associate,
again appeared Dr tho prosecution;
the accused was defended ty Iu..e
Looib1ur0w anu his law pattncL Colu.
Montgomery.
An outline OF tho facts o. the ira
gviy, as claimed ~ the prosecution,
appeared ia lhuss columns yesterday.
When tho NEWS wont TO press ycs.
tcrJay afternoon G. II. Judd, al
tyc.wllngB, Of tile Tragedy, was under
cross, examination. The osutb ut .
O'Clock, nI iutnrd uulil this IN rniug,
the other witnesses called w to that
uup being Joshua Fsw81n, T.. A..
Judd, a. :. Anderson, John J.bson
nni d.. Davis. Tho examination Of
,ho doctor was m ifosreB on tic
ri.lug Of tho court.
The court room was crowded with
/ Interested spectators when oOutt
opcnra today many ladlc being among
the auJltlts.
Alters uric' delay for the arrival Of
one % tho attorneys engaged in The
case, tho prosecution called Dr.. II. NJ.
DaVt 10 tue wilnuss.BtAnd. Hc bnlu
Hu lived IN TO0-le aud became ac
quaintri with d.. Elliott two days
before 30 was kiiltd; cllloi 10 src
ElIlgt.ai his residence aud found him
tu tUd suffering from thiou
HOuuGR-lwO buiitt wounds nud
ono trutc. The NsitLrss then
Oscfihrd the locations OF thu
wOuude anu pointed cut uu the pefsUu
OF Judge Judd their exact location.
Witness remained with the wlunGuu
mau until the morning u the lstn,
when death resulted from tie wounds
described.
Col. Montgomery then took the
witness 10 hand, and asked ths nature
OF the hiuisu, which witness duCnbod
Q
Elliott uiod ut about 10 O'CLOCK Ia thu
morning.
Col. Montgomofy-where did you
meet Df. Elliott; anu what was the
nature Of tue mtotiugs?
Attorney Howat objected TO this
question. Cot. MONTGOMERY argued
IA support " its prophecy, but the
objection WAS SUSTAINED by ths court,
Witness continuing taidi Df
Elliott Q visited his ONCE on
some business, DR.. Eli.tl Ia
tf0duced hlmtelf ~ witness and
tm .incd with him Onb hour
wen. % the court house with him,
Here other objections ~ questions by
the defense were maize ny Judge
HOwai, aud sustained. Witnc's then
went on, IN answer 10 questions b.
Cy.. Montgomery, To stale the business
hu hnl with the murdered man. Wit
mess had resided la Gfguthyllio three
ycHrs; hal come formerly from ludi.
aua. saw tho doctor when no started
out m the morning; was callei 20 stt
the doctor about 5 O'Clock aud OK,
amlnud the wounds before Dr.. D0ag,
arrived; saw the body tho day Il wai
brought 10 tho city Tor burial, when
ha firs examined tho Wounded mau
ha only discovered tue two uppel
wOuuds, anu u was two huurH iatal
before he discovered the lower AMI iA.a
wound; o0uld not 6ay wuefo Inc
bullet hRd lodged, hut was salts.
lied Il was tue fatal wOuni; diu
not know how lar the bullet hsl
entered lho body did not know Of any
vital part the bullet had passed
though, but II was impossible u tel
positively without post mOT,cm
examined the condition " the ifAc.
tur,; did not ut first discover ia,
tatRi wound hut thought the shoulder
wound was thu cause vi his condition;
Tor two hours tried 10 reltoTe tn,
Wouuiei man with s.mulauu; pro.
nouuced the wound Ia tue bloa fatal "A,
soon as lac uHcOvered II.
Defense recalled DIR. Davis and
asked regarding the conversation Will
DR.. Elliott M 10 what time OF day n
took place.
Witness-- Between II aud ~.
Colonel Montgomery no undel
arrest at that ilmt2
Witness answered Deceased said nj
that time he was under arrest Tor al
attempt To assault Mrs. henson, bu
the charge WAS untOunded, aud lr
Elliott DECLARED himself Innocent, m,
that the prosecution against him Wal
malicious; have stated al the dtUtasu,
, sAld Ia relation to Benson's wife. DE-
ceased said ho had had no cruiiua
tiunB whatever with Mite. Benson
, DR.. D0ggB being questioned by IA,
q prosecution bHid-- Invr lived "a
roOele city twenty year; knew DR.
Elliott from three mouths before hi
death; called 10 seu him on the even
lug Of the 18th, aud found hm yer,
! weak from loss VI blood. The wllnes
, here described the location aud uatut,
/ OF the wounds HuJ said h6 TtmHins,
d with tue doctor III o'clock, nj Whiti
hour lac Il eI from the Effects OF ia,
b wounds uosrribed.
/. 10 Col. MOulgOmery-W Witness sal,
he did not consider tho wound In III,
shoulder fltaG the wound IL
the tack was o iaisl one, but could no
INV positively that the bullet passe,
D through any vital part; hau been viii
G tns wounded man one hour before N
i. discovered the fatal wOun,; had no
|, bepn very well acquainted with DR.
I, Elliott; had consulttd with him on on
a ,,caai1n; tho call no made was eimpl
a friendly Que, but was also Ia regar
a 10 some businrss.
I, Mrs. Elliott was then called aud tel
n tilted IN relation 70 the various place
:, az which thoy had reside anu regard
IA inc their married lie generally,