Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-07-27
plRDEE ADMITS BEMBR0OK TO Bail

bNNITWnkf lNNN ne VIII NIL tine o. - -
and then keene walks out and tells
him not to Eo into that other ROOM lie
does not say anything TO Bcnbruok at
all. He has left an angry man IN there
who is threatening death 60 BcnbrOOk.
he has placed q KUN 10 Benhrooka
hands and walked right downstairs.
After kcoue went out Morris Is said
10 have Gained down "a little. until he
secs mans hat. and he said. There "
the towards hat when / get through
with him he won't need II. I Will NH
the - ana he runhes out %
Tho door and goes toward BUuhrook,
who II In the other room. carrying the
hat In his left hand The other man
has his right hand up with the palm
turned toward the door from which the
deceased came. That ~ the evidence.
He had nothing then IN his right hand.
shown by the evidence. a Witness
produced By the State this morning
testified that after two of the shots
were fired. that, standing across the
street he saw man IN light clothes
backing up toward the window. saw
him graphing with the man in blue
clothes; they were swinging back and
forth. they were iu "a struggle and the
man In light clothes was Bonbruok. lie
was being forced back. Whatever his
testimony is worth, there o. dcmun-
atratod By u that they were strug-
Cling.
THE witnesses are clear upon anoth-
or point. that there wero ~ least three
shots fired. md the weight OF the cvt-
doucc II that there were four shots.
The evidence then dlscloacs beyond all
question that Morris was killed IN that
room In the course N "a struggle which
he courtcd. after having made threats
10 take the life OF his adversary a
man does not have to walt until wcu-
punH ARE displayed. a man does not
have TO wait until he o. beaten up be.
forc he may defend himself " APP
prarnnccs Indicate the necessity for
appealing 90 the law Of aclf-defcnfc. he
may appeal 10 that law. Aud would
not circumstances such as those shown
indicate that the defendant was in dam
ger u his NEE The men gruppled ami
lighting 20 the death. That IL the kind
OF q case that is shown here. Every
thing goes 20 show that when Morris
went IN there ho went In. 60 use his
own words. to 'nx' his adversary.
NOW. taking the testimony Of that
young man uoolnn. The witness stated
d story that iH contradlctcd By every
other witness In the case. II rs linz
possible FOR his story to be- correct and
the other witnesses TO tell the truth.
Ana, N hla story ~ true, then the the
ory OF the prosecution that there were
but three shots fired. falls TO the
ground. lie testified that he heard two
shots and an echo. No one else heard
that echo. as he heard no echo but he
heard another shot fired. Al the time
De- heard % he believed 10 20 be- "a shot.
but he read IN the newspapers that only
three shells were discharged from this
pistol. and be had TO save one of his
shots until hc got up into the room. 90
make his story, You have either gOt
TO wipe his testimony out OF the case.
or you have got 90 hnd that somebody
HNa sHhsH.
too. when Doolan stated that Morris
lay upon his lett side. his face toward
the window and his back toward the
door. he demonstrated that his story
was not worthy Of consideration In any
court Of Justice.
DID NOT FIRE IMMEDIATELY.
And then these other witnesses upon
the stand what was there TO demon.
stfnte from all the testimony - ludi-
cote mullcos ora lying Ia waltz He did
not nre the shot Immediately when the
man came into the room. because the
girl Miss strombcrg) went to the win
dow, opened Il ana was outside Of the
room. There Is nothing TO indicate
murder In the FIRST degree. Al the very
uttcrmust no court would say, no law
you would say. that this was more than
murder In the second degree, and TO
make Il murder In the second degree
NlANNN NANMNN AMNN NNNAA NAA AANAA W AAA NAANH
ing. and one where there was no great
proyocatlon. II may bee said that he
had no right 20 30 ana arm himself.
The laws says that the mere matter OF
arming ones self win not make that
inur Ter which otherwise would have
been granddaughter"
Al this point Judge Powers cited
several cases and read decisions to
show that the fact OF "a mans armine
himself after having been assaulted did
not necessarily mean that he intended
90 commit murder, but may have done
Il Tor Hclf-pr0tcction. and men attacked
after having been 80 armed. even n
guilty Of murder. II was decided that
10 was not murder IN the FIRST degree.
In conclusion, Judge Powers said
ENTITLED TO DISCHARGE.
80 he IL In the right under the law
and the other man was In the wrong.
What man would not have acted exact
~ as he did? | put II 20 any rcaHOu-
able. thinking man. who has been u.s.
Bauited In the manner that this testi-
mony shows this man was assaulted,
who had retired to avoid the difficulty,
whether he would stand there and be
beaten up. or whether he would not
fight and Kill. The man was justified
under the law, and under the evidence
In this case, ana he IA entitled to his
discharge"