The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-08-26
Application Denied In the BenbroOk
Case.
STRONG ARGUMENTS MADE
JUDGE ANDREW HOWAT ASSISTS
THE PROSECUTION.
Application Argued By Powers and
Zane For the Defense, and Putnam
and Howat For the Prosecution
Court Rules That Presumption Of
Guilt Is Strong.

Benbrook, who is charged with the
murder of Burton c. Morris, must re-
main in jail Judge Norren refused yes
terday TO admit him to bail, notwith-
standing the long and able arguments
of his counsel, Judges Powers and
| Zane.
1t required all of yesterday for the
attorneys to present their case to the
district court. The question had come
up on the motion of the attorneys of
Benbrook to admit to bail the pros
oner, who has been confined in the
county Jail since two days after the
shooting ARRAY.
Before arguments were began Ben
brook was arraigned on the charge of
murder. Clerk Mulloy read the indict-
ment. Benbrook had been brought to
the court room by Sheriff Howe.ls and
Deputy McDuff. He did not seem wor-
ried. His naturally pale face was no
paler as result Of confinement, and
he showed no trace of nervousness. As
usual, Benbrook was very neatly
dressed and was at his ease. When
he arose to hear the information
against him read he showed no emo
ton. Judge Powers asked that the
prisoner be given until Monday TO plead
to the charge, and at that time he will
; NANSA q piCA VI NV
Judge Powers Plea.
Judge Powers, speaking to the mo-
ton to admit the prisoner to bail,
made long argument, consisting in
great part of quotations from the tes-
timony given at the examination. He
began by saying that he would not
take up much time. but as he went on
he became more interested in the case
and ne read testimony all during the
forenoon session Of court. He paid par
ticular attention to the point that Ben
brook was assaulted, and claimed
whatever he did was done in Self-de-
Tense. His whole line'of argument was
to show that Benbrook shot Morris to
save himself from injury, and that had
he not shot he would have been beaten
The fact that many witnesses testify
to four shots was referred to, but the
attorney did not maintain that Burton
Morris had entered the room in which
the shooting occurred with a gun.
Opposed By Prosecution.
Judge Powers was followed by Judge
Andrew Howat, who appeared in the
place of ex-senator Arthur Brown. The
ex-senator is yet confined at his home
by the trouble with his eyes that came
upon him when in Helena.
Judge Howat did not make lengthy
=
to show that the proof was evident
and the presumption strong" as re-
CURED by the constitution of the state
as ground for refusing bail to a priS-
oner charged with a capital offense.
County Attorney Putnam argued that
BenbrOok was lying in wait for Nor
ris; that when other persons went up
and down the hallway they did not see
the door of room No. l open, but that
when Morris appeared it was open. He
maintained that this evidence showed
malice and elaboration.
Judge zane's Vigorous language.
Judge Zane, who closed the argu-
ment, used very strong language.
This man." said he, referring to
Morris, met the fate that all strong,
athletic men meet who trample upon
the rights of others. Benbrook's act
was that of human nature, it was the
law of society, the constitution of the
world.
THE sense of manhood in human ma
ture is worth something. The law does
not require man TO sneak away, to !
skulk about. to run away without his |
hat. We send men to war to kill others |
in defense of their country. Shall a !
man not be permitted to kill III de- !
Tense of himself?
we ask your honor to admit this |
defendant TO bail; $4,000 is a large /
amount We have not been able to |
give it yet. We think that Benbrook |
can not be guilty. if guilty, of anything /
more than manslaughter, and conse- |
quently $4,000 is too large sum-
Motion Denied.
Il shall not advert to the testimony |
in considering this matter" said Judge /
Norrell. 1T viii probably be published /
in the papers, and | do not consider it +
proper for my opinion to be published, |
though 1 have settled opinion about
the case. l am going to deny this
of admitting the defendant
to bail. I think that all l need to say
is that the presumption of guilt is
strong. The motion is denied"
Thereupon the prisoner was taken
back to the county jail by Sheriff How
ellis