Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-07
THE MURDER TRIAL.
Hrs. Benson Testified Tbs Honnins
on Behalf Of Her Husband.
The Case FOR the Defense Nearing q
Closn.-public Interest IN ihe
Itqalry Continues Unabatct.

When the NEWS went to press yes
,utdny wnfotd II. HudsOu waa uu the
witness stand testifying ON behalf Of
the pros, cullen in the Elliott murder
case. When his evidence hat con.
cludtd the letter written by Mis. Bon.
son, wife Of the prisoner, john Benson,
10 nr. Elliott was submitted In evil
doncc, and lively passage occurred
between Prosecuting Attorney Howni
and Col. Montgomery. Tho latter ob.
jrctod to the envelope being admitted
~ evidence, because the words "Tho
People W. John Benson and Hyrum
McBridoD weto written on No., aud this
was not orl inally there. His honor
ovorfuleI the objection.
The letter read ~ io.lowi
"Dr. Elliott. Please meet mo this
evening vt O'Clock | wun' q private
conversation with you. Meet me at
the Uaat fence opposite the house.
John has gone 10 meet the sheep and
Will not be home tonight
Mns. MELINDA BEN3DS."
At the top were the words, '5und
me an hnbwer by the carrier " you
will come OF not"
w. n. Randerhoof having testified,
the prosecution rested AMI Colonel
Montgomery made hla up ming state.
ment 20 the Jury On behalf uf The de-
feudaut. He denounced ~. Elliott o.
n confirmed liuedino AMI uau miu,
Whose actions were WORTHY 90 tue CON.
domination oi all flghimuIed people.
The colonel declared that 10 would
show this WAS not tho met time tho
Deceased doctor had Dgbr charged with
an oilsnse Of this kind, auG hat hp
should have been under HfTust C1u-
stnutly. Ho also said, 81 dOa't know
whether tue deceased ~ witnessing
tubs hearing or not, hut " he IL no
should blush for shame At the fcputa-
tiol he has lUit behind HIM"
A strange GceAu followed. Mrs.
Elliott burei into q paroNysm % grief,
sUbbed. violently, and had 90 tc con-
| Quoted from the courtroom, Olhuf
Interested pVfsons present also gave
vent 10 tears. Dlstrict Attorney Judd
jumped up and declared that Colonel
| Montgomery = remarks were scandal
| euh and outrageous, aud that he had
never heard anything like II In tho
court before. Judge Zane requested
| the colonel 10 coniiue himself 10 what
he expected 10 prove, Rud the latter
| proceeded with his stat mont. ThG
| Opaning on the side the defense
occupied over an hour, counsel
attacking tho cIniuct Of d.
| Elliott In unmeRsufHi terms. IL wa
| commended that Benson WIS not aC'
| countahle for his acts NJ the time he
\ took the DOCTORS life, ana that the XIII
ing was Iustitiable. ColOnel Mont
gomeTy wanted TO read from the stat
utes with reference to justification In
acts Of the character named, but Judge
Judd objected ~ this anu the coufl
sustained tho objection. Colonel Mont
| gomefy stated that he believed h,
know the law ard quoted It TO the lury
from memory.
Witnesses Tor the defense wero then
sworn, ID. r.. Hedges, prosecuting
attorney for roOelv county, first taking
the stand. His oNaminntiou was In
progress when the court adjourned.
TUDAY's PROCEEDINGS.
Promptly alto O'Clock this morning
| Judge Zane'd division Of the rhifd
district oIurJ was called TO order. The
court room wns again tntonged viii
attorneys, wltntats anu Interested
spectators. The twelve "sOOd moi
and true" all answering 20 their nAmey
the Benson case was nj once proceeded
| with.
MIR. ID. Il. Hedges was recalled by
Judge HOwAt and said he had an in.
tsrvlew with Mrs. Bensonr she told
witness Elliott had made an assault
upon her on the Goth OF March, the
interview took place In April; witnea.
had asked 30 sec Mrs. Elliott privately,
aud told her that Mrs. Benson told the
DOCTORS wife that Mrs. Benson said tn,
doctor did not do anything more thar
any other doctor would In n profes.
sional way; witness said hi
business was 10 Investigate tn,
killing; there were number o
other PERSONS m the houss which was
the reason no ssked private inter
view with MIS-. Elliott; remembered
saying In the private con
yorsation with Mrs. Elliott tina
he had come 10 enquire int
the killing OF the DOCTOR Mrs. Elliot
said she proposed 10 let tho law take Ia
course; witness told Mrs, Elliott tina
letters had been written from Fair
view, ssnpoto county, stating that tn,
doctor had been arrested there for in
decent conduct with woman, did mol
remember saying any more al thai
time; remembered being at Mrs. Ben
sons the day before; had no other con
/ NHlllnNNs a
say he had advised Mr., and Mrs. bon
son they had no case.
by Col. MontgOmery-What did yot
say to Mrs. Elliott ON that day.
Objected 10 by prosecution and obJeo.
ton sustained by the 60 mt.
At the request Of Col. Montgomery
witness again repeated the oonversR
tiOn no had with Mrs. Elliott; also sAiI
he had spoken about the report
concerning the conduct Of tn,
doctor with other women a
Fairview,
Col. Montgomery here asked that
certain conversation be- allowed II
evidence. The prosecution objected
aud the court sustained the objection
In reply TO further questions wltnes
said he aid not state TO Mrs. Elliot
that he had Investigated the case.
In answer TO question by Col
MONTGOMERY witness said he had ha,
a conversation with DR.. Elliott on tn
day OF the homicide regarding 10,
charges against him with regard Il
Mrs. Benson. Objected to by Judg,
HOwat.
Col. Montgomery argued In favor 0
tbu proprioiy Of the line OF sxAmina
tion, claiming that II was compete n