The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-26

/ W ana Wnen you saw MT. MOTIFS ne
had one hand up? A Yes, sir.
Q. Which one was clenched? A. His
right hand.
Q. What was Mr. Benbrook doing?
A. He had his hand up like this Gndi-
cating).
@. Which hand did Mr.. Benbrook
have up? A. could not say.
Q. Did you see his other hand? A. No.
si<.
Cross-examination by Judge Powers.
Q. Your best judgment would be that
Benbrook's right hand was thrown up?
A. Yes. sir.
Q. You did not see any gun with Ben
brook that afternoon? A. No. sir.
Q. Saw gun with either of them?
A. No. sir.
@. When you closed the door they
were coming toward each other?
A. Yes, sir.
Q. Did you see Albert Morris there
that afternoon? A. No, sir.
Q. Did you see Miss Whitbeck and
Miss Madsen? a. No, sir.
@. The only people you saw were
Morris and BenbroOk? a. Yes, sir.
Q. And Mr.. Keene and the walters?
A. Yes, sir.
Q. AS soon as Morris came in he
made a reach for Benbrook? A. Yes.
sir.
G. When Morris came in the door he
went around to the back of the table?
A. Yes, sir.
Q. And he then struck at Benbrook?
A. Yes, sir.
Q. What did you do? A. got up
out of my chair.
O. Were you struck? A. Yes, sir.
Q. Where? A. In the neck.
.. When Mr.. Morris first came in the
room what did he say? A. He said,
"You ---,' and then reached
for him.
Q. He made a reach and made the
remark just as he struck him? A. Yes,
sir.
Q. He did not stop when coming in
the door: just came in and struck at
him? Yes, sir.
Q. And you had some conversation
with him after Benbrook went out?
A. Yes, sir.
Q. And he told you he would kill the
----? A Yes, sir.
Q. Did Mr.. Morris seem very angry?
A. Yes, sir.
Q. He got very excited. A. Yes, sir.
Q. When he started towards the
door he went very rapidly? A. Yes,
sir.
Q. He was just beside the table when
he made the remark? A. Near the
table.
Q. When you were struck. that was
done in the struggle? Morris struck
at Benbrook the second time and hit
you. Whereabouts did he hit you; on
the neck? A. Yes, sir.
Gloves For Miss Stromberg.
Steve Keene was called and testified
as to writing notes at dictation of Ben
brook, and sending same to Miss Strom-
berg's house, one note being brought
back, as messenger boy was directed
not to leave it if she was not there, the
second note being left at the house. Mr..
Keene also testified as to Mr.. Ben
brook giving him pair of gloves for
Miss Stromberg.
Justice McMaster was then called and
testified as to empanelling a coroner's
jury and as to searching the BODY ana
finding a note thereon. and also testi-
fed that there were no firearms found
on the body.
Robert Doolan's Testimony.
Robert c. Doolan, the son of John
P. Doolan of 1S2 street, was upon the
witness stand during most of the af-
ternoon. He is the witness discovered
on Monday, and who had not been
heard from before in the case. He
said that he was 20 years old, and that
he had been at school at Boulder, in
the University of Colorado. He was
examined by Attorney Arthur Brown.
He had come out of the Western Union
office. and while standing by the Mer-
chants cafe was attracted by the shots
Q. Did any noise attract your atten-
ton? A. Yes, sir; the report of two
pistol shots.
@. Where were you standing at that
time? A. A little south of the entrance
of the Merchants cafe.
Q. What did you do when you heard
the reports of the pistol shots? A. 1
ran up the stairway leading TO the up
per rooms of the cafe
Q. What did you see? a. When
reached the top of the stairs l saw two I
men. and saw the backs of two la
dies enter in the room just north OF /
No. l. Just entering the door.
@. What did you see in this particu- {
lar room? A 1 saw three men in this /
room. l saw a pistol shot and then .
saw a man raise the pistol to strike the /
man that was down on the floor.
Saw Him Shoot.
Q. What did you first see him do? A. /
I saw him shoot. J
Q. What was his position? A. About .
like this (witness indicating the posi-
ton of Morris and Benbrook at the time
of firing the snou. Benbrook standing
up over Morris and Morris lying down,
partly on his side and stomach).
O. Where were you standing at this
A L
door.
o. Was there any one else there? A.
Albert Morris was there.
O. Any one else? A. A messenger
boy was there.
Q. How long did you stay there? a.
Just few seconds.
O. What did you do then? A. I
stepped back into the hallway and re
NAMED there about ten seconds, /
should judge, and afterwards went into
the room where the shooting occurred
and remained there about ten minutes.
Q. Did you see any revolver? a. Yes,
sir.
Q. In whose hands was it when you
first saw it? A. Benbrook's.
Q. This defendant here? A. Yes. sir.
Q. Did you see any weapon in the
hands of Albert c. Morris? A. No. sir.
Q. Did you see any on the person of
the dead man? A. No. sir.
Q. See any on the floor? A. No sir.
Q. Were you the first person in the
room? A. No; was the third person
in the room.
Albert Morris There.
@. Who preceded you in the room? A.
A. Morris and the messenger boy.
Q. Do you know Officer Chase? a. l
don't know Officer Chase.
Q. What direction did Benbrook point
the revolver at him? A. About the bot
tom of his ribs.
Q. Did Morris change after that? A.
Yes sir; he turned over fully on his
Q. Before or after the shootin: A.
After the shooting.
Q. Then what did the other fellow
do? A. Then by that time Albert Nor