The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-07-27

being toward this room? A. He might
] have done ii.
Judge Powers-I want to make a mo-
ton. | desire to move the court that
| the prosecution be compelled, by order
/ of the court, to place a. c. Morris on
/ the stand as a witness, so that the de-
/ PENDANT may hays-the opportunity of
! cross
! Arthur Brown-We have no objection
/ 10 it. But j want to say that we want
! the right of cross-eXamination.
Judge PoWers-You may have it.
Witness was here called and excused
until Judge Dickson should give mis-
/ testimony.
Judge Dickson's Statement.
" H. Dickson, called by prosecu-
ton; examined by Mr.. Brown:
Q. At the time of this shooting, were
you in the vicinity of the Merchants
Cafe? a. 1 was. l was just about TO
go into the Merchants Cafe. 1 had my
hand on the door; was going into the
main dining room. l heard what L took
TO be two shots. l would not be posi-
tive. They did not ring out clearly,
/ like shots in the open air; but l would
not say they seemed TO be muffled. They
seemed TO be somewhat deadened. l
think the same sound might have been
eccasiOned, possibly, by throwing or
letting fall a heavy substance. l sup
posed, however. they were two shots
in quite rapid succession. l turned and
did not go into the room. The crowd
came running from every direction. l
noticed Detective Sheets. and followed
Immediately behind him upstairs; turn
ed 10 the left, and | could see the pow
der smoke in the air. Just as | got to
the entrance two young women came
out OF room and went toward the
north. One of them made some eXcla-
nation, as terrible, dreadful" l went
in and 10 the side of the body on the
floor. There were five or six in there
by that time. My purpose was to see
who the man was on the floor. 1 paid
but little attention to the appearance
of anybody else there. l cannot say
positively as to any man in the room
at the time. except Sheets.
Judge Dickson then described the oc-
currences in the room, as related by
the officers.
Albert Morris Testifes.
Albert c. Morris was then called and
examined by Attorney Brown
Q. You had been in the Merchants
cafe the night that Burton c. Morris
was killed, a couple of hours, hadn't
you? a. Yes. sir.
q. When you went into the room
where Benbrook and Burton were, No.
/, what part Of the room were they in?
A. They were in the vicinity of the
window; near the window. Both men
were standing up.
q. Were you in the room when Ben
brook fired at Morris? A No, sir
Q. Did you see gun? A. Yes, sir.
g. Just state what Benbrook did?
4. When / entered the room both men
were standing by the window Burton
was facing the east. and / plainly be-
held his face as L walked in the door,
The four hands of the men were to-
gether and Burton, l feel sure. had
hold of his antagonists wrist. and as
l approached and made a reach for the
gun, Mr.. Benbrook threw his hands
down suddenly and forcibly and Burton
fell over towards the sofa, lying
with his head towards the southwest
Benbrook Immediately turned and fell
astride of him while Burt's head rested
on the edge of the sofa. His jumping
astride Of him threw his body more in
the direction of southwest, turning
around almost due south, and he then
struck him twice in quick succession.
l leaped over the limbs of Burt and |
grasped the hand of Benbrook as il |
came up for the third time. At that |
instant an officer entered the room and /
we three for an instant got hold Of the |
gun together. The gun was drawn |