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

iul the uNi'hh's hA9iNbs
your honor. since the state has
rested It's case. ! move that the defend.
ant be discharged upon the grounn
that there - not sufficient cause for
holding him We recognize that IN
making this motion we are IN court
VI Justice. This ease has been upon
examination here In this court Tor
three days II seems 90 have been up
ON THAI hy tho public FOR some time.
hut vb,tevor the public may think OF
u. whatever any one may think OF u.
whatever tho newspapers may say
about 10. have no influence here. Were
10 10 have. there would be no necessity
for this examination, Tor this dcfend-
ant has been already tried ana con-
Nlctod by our legal friends. the press.
I have this TO say. and u II the only
opportunity We have had Tor making
any reply to the public. This man 20
far In this court has had a fair trial.
lie viii have u fair trial u h. shall
be- bound over. whether the public likos
Il or not: even n we have % take u 20
some other county whrrc therc VIII
not be this clamor. and IN saying mat
/ am not referring 90 my brothers on
tho other side, 10 the prosecution, !
simply mako that remark 90 those who
are RESPONSIBLE Tor the execution OF
"Thc law says that man under the
charge of crime On presumed to be IN
nocrnt until ho d. proven guilty. lie "
entitled 10 trial where there y no pub
iic clamor. 10 be tried according 10 the
rules " law. and that " the way this
man has been tried here, and viii BE-
triud without reference ca what any
men want or 20 how any mon feel.
THE COURTS DUTY
you have a certain duty here to
perform. 10 determine, nrHt whether
public urcnHo has been committed.
II will be necessary for you 10 deter
mine whether or not he shall be- held
nt all. and II he n to BE- hrld. the de-
gree In which he shall be- bound over
10 the district court. In all these pro-
cccdlugH you should act with chlmness,
without bias. without malice and With
cut desire for revenge"
Then Judge Powers read from the
statutes % the State of Utah. dehning
murder In the first and second degree.
Justinable and unjuatinable, voluntary
and involuntary manHlnughter and
continuing, SAID.
80 that In considering what IL the
law In this case and what ofcnac has
been committed, u any at AL this de-
fondant Is TO be Judged eaiany ordi-
Judged. Whatever his business may
be-. II Is not 10 be taken into consid-
Grafton. The law makes no distinction
IN that regard. II makes no distinction
In regard 10 a mans character. II rec
uHnizoa all human beings as having a
right to their lives, and Il does not
take from any human being hts ne
or his liberty, when he acted as un
ordinary and reasonable person would
have acted under the same circum-
stances by which he was surrounded.
BENnRooK WAS JUSTIFIED.
"rho view that We take OF this case
IL that this defendant was Justified In
doing what he did; that he acted under
the circumstances as an ordinary man
would have acted, surrounded by the
same circumstances that he was sur
rounded by at the time. The ease as
presented ~ somewhat peculiar. II
seems that In a restaurant that ~ not
shown 90 b. otherwise than respectable,
the defendant was seated az the table
with % young lady by the name OF
Strumbcrg. u seems they were Ia that
room for u lawful purpose, whatever
may be said OF It's being laudablc or
not.
Suddenly. wlthut any warning. other
than "A rap upon the door, the door IL
opened, the deceased. according TO the
testimony, rushed In. goes back OF the
chair OF the young lady. and while the
defendant " seated there ut the table.
he struck him blow. The girl rises,
steps between the men, and as she
steps between them, she receives IA
NFN hNlHtl' Inc utithuAhl oucfcu no
resistance, He Immediately removed
himself from the room, which he did
not have 10 do. lie had right to re-
main there. lie had said nothing to
provoke an assault He had done moth
Ing To justify an assault, To avoid diti-
Guilty he leaves the room, And right
here, let me ask, how did the deceased
know that the young lady was at the
restaurant
NOTHING IN THE NOTE.
~ note has been offered here In evil
dence' This note was found on the
body " the deceased. but there Is moth
Ing To show how he received Il. there Is
nothing TO show at what time he re-
celved. there ID nothing In tho note to
Indicate that he would ind the young
woman at tho Merchants Cufo. There
must have been something that has not
here been disclosed. That someone tel
cphoned, notifying him that at that res-
tuurunt and at thai time he would lind
this girl there. That IN one OF the myH-
terlcH ut THIS case az presented here by
the prosecution. lie must have been
prepared for trouble. because tho mos
ment he got into the room he makes the
assault upon the defendant, There ~
nothing TO show any adequate motive
unless somebody had told him to come
down there and he would ind his girl
with some other individual
kEENE AND BIdELOW.
And then no (BenbroolO leaves. lie
has avoided any conflict or contention
The proprietor says that he was in
formed by walter that Benbrook was
IA the room ana wanted him TO bring
gun. He wraps the gun In a napkin
carried II upstairs and puts Il into the
hands OF the man, The waiter. Blgclow
knew that Morris ana Bonbrouk and
the girl were In room o. he knew that
Bcnhrook came out Of that room and
asked the walter 10 30 downstairs and
toll Steve TO bring his gun. There IL
that waiter that goes down and orders
the gun sent up, knowing that there
must be difficulty between those men,
but nobody ~ saying anything about
prosecuting him. " there Is a crime.
he would be- an accessory before the
fact. and so would Keene Keene
hands Bonhruok the gun, ana he says
he put II In his hip pocket, Then he
goes into the other room. and In that
I H.. aHaN