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

Al the present writing. four o'clock
Judge Powers. counsel FOR Bcnbrook'
q arguing before the court Tor the dis
charge VI Morrls's slayer. senator
Drown VIII oppose the motion FOR the
prosecution. Judge Powers took occn-
Zion TO excoriatc Proprietor kccnc and
Walter Daly. declaring that they should
have been arrested and held AZ access
r5ricH There ~ scarcely any doubt Us
a. the holding VI Henbrook 10 answer
f5r hia crime Notwithstanding the elo-
oucnt plea ~ his counsel.
The third day In the preliminary eS-
animation u John ~. Benbrool. ON the
charge Of killing Burton c. Morris
brought out no new features. II was
1880 when the proceedings began. at
which time the court room was packed
almost To suffocatlon.
Evidently believing that sufficient
testimony had bcne introduced ON
which TO hold Bcnbrook. the proaecu-
ton did not call an Of the witnesses
subp0enaed and sworn. Judge Powers
asked that the State be compelled to
place Albert q. Morris on the stand In
order that the defendant may have the
opportunity Of croas-cxnmlnlng him.
senator Brown offered no objection TO
ih.s and said. turning to counsel FOR the
defense. II conccde. gentlemen, that
ibe defendant should be given an OPP
portunlty to cross-cxaminc this wit
ness"
After the State had announced that
~ testimony was all In. Judge Powers
Insisted upon the court hearing the tca-
umouy o. the two Girls witbcck and
Madison. Attorney Brown said. I'VE
have mo- objections you can have en- "
sou want EN-" After the noon recess
had been taken. Attorney Brown turned
90 Judge Powers and sarcaHtlcally on.
guirod "Arc there any more witness
e. you waut7" The spectators there
upon burst out into "a hearty laugh, but
las look upon Judge Powcs-. face. as
De- gaEed out OF the window on the
wasateh mountains. showed plainly
that Do was not entirely pleased with
tha question.
The testimony for the prosecution
tended 20 Indicate more clearly the line
which the defense must necessarily fol-
low, In that Il makes the degree or lack
q malIclousncss on the part OF the
prisoner matter Of judgment. Accord
ng 10 the evidence there seems to be
10 doubt that the fact that Morris was
,hoi BY Benbrook II established; wheth-
er OF not wilfully must remain Tor a
iary, after reviewing attendant cir
slma,ancoa. 10 decide. As TO the fact
q the beating OF Morris over the head
BY bsnbrook after the former was down
90 tAe floor there IL also now no doubt
10 M TRIED ron ms LIVE.
Bedrock Case will Probably Not Come
lpAgain nefore the Middle 90 october.
Naturally there IL much speculation
a. 20 the time when Bcnbrook viii be
played on trial for his life for taking
nat OF his unfortunate victim, Ac-
'ofllng 90 what an officer OF the court
'A'l today 10 win probably not be sooner
uAn The middle " october. The courts
az now ln the midst of their summer
vacation and win do little business be-
Ior September, during which month
'uase Npuoll, before whom the ease
Nlll come. win 40 to Coalville FOR two
M. hita weeks 10 hold court there.
Nhgl Doc returns there VIII be some
MAJ '.iH Go occupy his attention here
~. lhllNh the case may came up the
nIl week of october 10 looks as though
mlsht not be reached before the
uiun INST stated. a new Jury will
nv 10 Dee empanelled 20 try the case.
mus however, should consume very
~, ume ~ there arc more than coo
"4lle' sull In the box.
STEVE KEENE.
sieve kcone was recalled by the
az yesterday afternoon after the
,t" report closed. but was not in
attorneys office. II having been
rn..lkh' that hls presence would be un-
,S..'aly AZ that time. so "a recess was
,'n pending his arrival. In the In
,lW we attorneys Tor the prusecu-
W ana Victor, brother OF Burton 4.
F.lla hell q short consultation. Mr.
"' was soon In the court room. how.
sno, ana the proceedings were re,
nr5Nl' htene, when you were upstairs
WV nNW linrton Morris In room 81 ala
IN, any gun in his poaaeaslon7"
On. p , you gee any gun other than the
VIZ you took up?"
10 Hlr"
"Did Won hn,,. -, 81, .... 80