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

sition, could you see the man with the
dark clothes? A. 1 could not.
Q. How soon after you saw this man
in that position, and the flash, did you
see the striking? A. Just about as quick
as anything could be done. Probably
three or four, might have been five
blows struck
Cross-examination by Judge Powers
.. The light dressed man was appar-
emily being thrust backward. and was
struggling with the man dressed in
dark clothes when you first saw? a. I
judge he was struggling, by the way he
was coming with his back to the win
dow l couldn't see the man in the
dark clothes at that time. They were
close together, and when they swung
around they appeared to be clinched.
.. 1t looked as if the man in the light
clothes was being forced back? A. 1t
looked like they were fighting.
-. Dldn 1t appear to you at the time
as II the man in the light clothes was
being forced back by the man in the
dark clothes? a. He was coming right
back. / don't know what was in front
or MIN, until | saw the man in dark
clothes. They appeared to be strug-
Cling.
Brown-How many shots did YOU
hear? A. There were two, but il might
have been three. There were two. and
then smaller report.
Judge Powers demanded that the
prosecution produce the two young
women who were with Albert Morris
ana they testified during the afternoon.
Testimony of Young Ladies.
Miss Mamie Witbeck and Miss
Emma Mathieson, the two young ladies
who were with Albert C. Morris and
an unknown friend of his in room . on
the evening of the shooting. testified
during the afternoon, and at the con-
ciuslon OF their evidence the prosecu
ton rested its case.
Miss Witbeck testified that she and
Miss Mathieson were in the room. Mr.
Morris having gone out. They heard
someone speak of sending for a police
man. and it startled them. When Mr.
Morris returned they told him and he
started out to investigate. While he
was away they heard noises that
sounded like someone kicking on a
DOOR AT that time they were sitting
near the open window, and they rushed
to the door. By that time Mr.. Morris
had come back and he told them he
didn't know what the trouble was. hut
for them to get out at once.
L saw a crowd in the hall and in
the next room when we were going out.
but l don't know who they were-that
is, L recognized no one but Judge Dick
son." said she. out on Main street a
man told us that someone was shot,
On cross-examination by Judge
Powers she said that the kicks did not
sound like shots.
Was there any time when the shoot
ing was going on that Miss Mathieson
or you stood in the hallway" he
asked.
No"
The testimony of Miss Mathieson was
practically the same as that of Miss
witbeck. Neither of them heard shots
nor imagined that the noises were
shots, Notwithstanding their room was
next to the one in which the tragedy
occurred and the windows were open.
Motion For Discharge.
The defense offered no testimony at
all. Judge Powers made a formal mo-
ton for the discharge of the defendant.
and proceeded to argue his case. The
attorneys for Benbrook do not expect
that the motion will be granted, but
they will discuss the matter quite fully.
Judge Powers made quite a long ar
gument in favor of the discharge of the
defendant, but he did not go fully into
the line of defense which will be SET
up at the trial of Benbrook. He made
plea of self-defense for the prisoner.
but did not go into the real theory that
will be presented later. which is that
there were two guns and Albert C.
Morris took the one belonging to his
cousin.
1.-The view we take of it is that the
evidence in this case shows that this
defendant was Justified in doing what
he did" said he: that he acted under
the circumstances as an ordinary man
would have acted. The defendant was
seated at a table with a young lady.
Miss Stromberg; they had ordered sup-
per; it was brought; they were in that
room for a lawful purpose, whatever
may be said of it's being a laudable one.