Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-07-26

~ their room and looked out Mr. Nor
ne came IN and II said good gracious.
what is the matterT lie said I don't
know. but leave"
did you leave?'
u did"
did YOU sec the people come up the
Il DID"
did you recognize anyone7"
II dld not"
How long was II after Mr.. Morris
told you 10 leave that you ala SOP"
Just long enough Tor me 20 get my
Did you recognize Judge Dickson"
80. cir, ] ala not recognize anyone"
quite g. number OF people came up
which way ala you 30 outg''
Through the back entrance"
-. Do you hear any shooting while In
ms"
did sou on your way out2"
No. sir"
We're there any shots fired when you
were out In the huUg' asked Judge
Powers IN crosn-cxamlnation.
no, sir"
when you went out into the HAN
did You see boy pceplng around the
door o. room ~
did YOU see anybody thercg"
Vol yes, the crowd had E0t there"
DID you hear any loud talking or
"No, fIr"
'Then you didn't hear anything be.
fore you heard the kicksg'
NO SIR
~ there were any guns fired Il was
while you were Ia the rD0mG'
Yes. SIR
Morris went In and out several
times. ] suppose. while you were In
the room and previous 10 the shoot
iug7'
'Ycs. slr."
III was after you heard what YOU
thought were those kicks on the door
that Albert came In and told you 90
lcnvc2"
Yes SIR"
Did you think Il was on your door,"
NO, slr. not on our door"
Was the kicking loud enough 60 Inn
press you.
Yes. sir. Il was"
was there any shaking Of the build
Ing or OF the partition when you heard
those klcks7'
NO. sir"
Did you know any shots had been
fired until after you had reached the
street,"
NO. sir"
did you enquirer"
Yes; I asked what was the matter
ana was told a gentleman had been
shot"
Miss Mathleacn gave her testimony
In very outspOkcn manner with her
arms akimb0.
PROSECUTION RESTS.
At 2:iO the testimony for the prose-
cutlon was all Ia aud the State rested.
ARGUMENT BY POWERS.
Judge Powers then arose and ad-
dressing the court said. III your honor
please We now move that the defendant
b. discharged. Tor the reason that the
prosecution has failed 10 show proba-
ole or HuiiiCiDnt cause on which 60 hold
this man. We recognize that iu pre-
Hentlng this motion and arguing the
same that this ~ court of Justice
The case has been before the public
Tor some time. but the people arc not
trying this defendant. The way has
even been pointed out to your honor;
you have been told " hat course a. pur-
sue In this matter by the public press
OF this city"
Judge Powers further went on To- say
that tho defendant was going Co have
fair trial even n We have 10 go a.
some other country to got H. The
AAN llNNAAlAfh "a NIMN 20 NN NlNNNfNh
until proven guilty, no matter what
people thought
After reading the Utah statutes de.
filming murder IN the frst degree. Judge
Powers asked why DAILY ana krgne had
not been arrested as accessories before
the fact No one saying anything about
that neither was the prosecution say
Ink anything about other things IN this
case. When Benbrouk LETT the room.
the other one which be- entered became
hiH wall. To say that this was any
more than granddaughter was 90 go be.
hind the statutes, Morris went in that
room to fN Bgnhr0ok Morris had
threatened 10 XIII the - OF 10 b.. hen.
brook under the circumstances had
right 20 defend himself. In some re-
Epccts this was the most peculiar and
remarkable case counsel had ever APP
pcurod no two witnesses agreed
upon the same state OF facts. No sooner
had one witness for the prosecution
testified 10 one thing. another witness
would come In and upset everything.