Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-07-19

antlonnl uffair closed.
MIR uuNTER EXCUSED.
Assistant County Attorney Guntcr
arose ana addressed the court. Said he:
~ your honor please. In this matter.
I am clearly disqualified to act IN this
case. Air. Van colt viii arrive short
~ and VIII represent the county aH
prosecutor"
Justice MoMnster excused Mr.. Gun
ter. When the assistant county attor-
ney. Mr.. Ray Van Colt, arrived the
proceedings began.
MISS STRoMBERG TEsTIFGEs.
Miss Leda strombcrg was the first
witness called. She answered Ia faint
mnnoayllablca to the questions OF At
torncy Van Colt. The following was
elected: Her name IN Lena Stromberg.
nhe was acquainted with John ~. Benz
brook ana liurton g. Morris and was
familiar With the restaurant called the
Merchants Cafe She was at the cafe
on Monday evening last and saw bur
ton g, Morris and John ~. Benbrook
there. saw some Of the trouble that
took place between them. was In the
cafe IN an upper room with Henbruok
that evening when Morris came In: he
rushed towards Henhruuk and struck
him In the face. she got up and Morris
struck at uenbrnok arnin. striking her
as she got between them. Then Ben
brook went out and she and Morris
were left In the room together. They
remained In the room about nve min
utcs, talking together. Thcn Morris
Nsnt out ~ the room. Witness went
To the door following him MIR keene.
the proprietor. hud called at the door
Of the room before Morris went out
After keene left. Morris went out 81
the room towards the other room that
IN the south room, where Bcnhrook was
stumbling In the door, or lust inside
Morris went toward Hunhro0lg. and
raised his nrm-thai WA all witness
saw Benbrook also raised his hand
Then witness shut the door OF the room
she was In. a few moments later she
heard three shots-"aOon aftcr-within
u moment or two" Two OF the shots
were ia rapid succession. and one short
~ afterwards. Prior 10 tho shots. she
heard no scuhiing. She had closed the
door of the room SHE was In as soon
ua she saw Morris and Bcnbrook each
with his hand up; she did not hear any
remarks.
what did Morris say when he first
came iu2' asked Attorney Van Colt
He called Beubruok vile name, and
AZ once rushed forward ana struck
bcnhrook,' answered the witness, with
much hesitation.
what did Benhrook do them"
II don't know what he did | got up;
Burt struck second time. I was not
looking at lcnhrook"
What did Morris say as Benbrook
went out7"
'Morrla said IN XIII the - OF n
D."
This closed the testimony for time.
during which the county attorney and
some OF the witnesses were In consult
tution.
MISS srRoMBERo RECALLED.
Miss stroberg was recalled and asked
70 state again the events at the cafe.
she said she went TO tho back room
alone. This was perhaps about
O'Clock. She went Into an upper back
room and sat down SIR. Bcnbrook came
In. and begun conversation with her.
she dld not remember exactly what
ne SAID, but he stated thnt he was Fyu-
lhH To California and wanted to Ray
good bye to her She told Benbrook
that she was waiting there for Mr..
Mo,rA. benbrook asked her II she
could not break the eu.l
evening with Morris as he would like to
nave "A little conversation with her be-
iofe he went away, He asked me II
! could not break the engagement TO
80 TO the pony show and take dinner
Win MN. ! told him no. Then he
hNheu me what time ! was 10 meet Nor
rls and told him IN about half an
hour. Then Benbrook ordered dinner
FOR himself and me, with my consent
] said that l would write "A note 10 MIR.
Morris, and wrote a note telling him
not to come for me that night. / gave
this note TO the walter. but 1 took this
note back and wrote another note.
telling Burt to come, | gave this note
To the waiter. l do not know how
Burt got the first note 1 think the one
previously written was on the table.
and he might have picked II up when
he came IN afterwards.
Five minutes after the note had been
sent, Burt came In ana rushed over to-
wards Benhrook"
hy the county attorney! you say
he rushed do you mean than he RAMP
Yes, he ran"
Here witness described the position OF
the table. She was on the south side
OF the table and Morris passed behind
her chair To reach Benbrook As he did
40 he said, You s. Of "A b."
Witness did not hear what Benbrook
said, but Jumped up caught hold OF
Morris 'Benbrook went out" said
the witness, and then Burt asked il 1
would now gu To the pony show 1
said yes We walked toward the door
lie had hold OF my left arm. lie said
l viii Kill the s. OF "A b., and went
toward Benbrouk When | shut the
door I walked over TO the window,
looking out, ! was sitting ON tho win
dow sill. when heard the three shots.
/ went away right then; jumped down
ON n shed az the back aud got down
20 the ground" She went into a room
In saloon and stayed there awhile.
then returned TO the room In the cafe
By u back stairs and learned that
Morris had been killed. She said: mir.
Morris, Burt's cousin told me that Mr..
Morris was shot"
Witness said the room In which she
had met Benbr0Ok was not locked nt
any time, while they We're together
there. No one came to the room ok
cept Mr. keone after Morris came.
concerning the first note. the witness
denied that Benbrook had dictated II
or that she had read Il to him. II
Continued on page two)