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


While thus seated. without warning
other than a rapping at the door, the
door is opened and the deceased rushes
in, goes back of the young lady and
strikes him a blow; the girl rises, steps
between them and receives a blow
herself. The defendant offers no re-
sistance. He Immediately removes
himself from the room, which he did
not have TO do.
''The presumptions and differences are
to be drawn in favor of the defendant.
How did the deceased know this young
lady was there. There is nothing in
this case to show that Morris had any
right there OF to interfere. With her.
They are peaceably. quietly. respect
ably seated there when he ruSheS IN
and makes the assault There has
been a note introduced here. There is
nothing to show how he received it,
or at what time, nor where; nothing in
it to indicate to him that he would find
her at the Merchants; upon the con-
trary, the note upon its face bears evil
dence that he was to meet her at an
other point. There must be something
here undisciosed; that someone notified
him that. at that restaurant, at that
time, he would find this girl there.
That is one of the mysteries OF this case
presented by the prosecution. Why
did he go there; he must have been
prepared for trouble. He goes there
under those circumstances, and the
other man leaves the room and goes
into another. And in this restaurant
where, it seems. you can secure almost
anything you ask for, he sends word 10
the proprietor to send him gun, and
the proprietor. with great accommoda-
ton, wraps the gun in a napkin and
carries it upstairs and puts IT into the
hands of the man.
why have not Keene and DAILY been
arrested as accessories before the TACT!
Nothing has been heard about that.
Keene furnished the gun; DAILY deliv-
cred the message. If Benbrook IS
guilty, Keene and DAILY are his acces-
series, but nothing has been done. The
prosecution has made no effort. Moth
ing has been done about this, nor about
other things which might be explained.
Number of Shots.
"The witnesses are clear upon the
point that three shots were fired at
least, and the evidence is that there
were four. \ man may not hear more
than two shots when half a dozen are
fired. The man who hears four, gives
affirmative evidence. Judge Dickson
heard only two; others say four. The
evidence, then, discloses beyond all
question that Morris was killed in that
room in the course of a struggle,
fight which he courted, after having
made threats to take the life OF his
adversary. Benbrook could not have
helped but hear the threats; he is there
in that room, and there was no re-
treat; ne had a right to stand his
ground, under circumstances indicating
that he was in great bodily harm; nay,
more; that he was in danger of his
life. To say that this is more than
manslaughter is TO go counter. not only
TO the decisions, but to your statutes.
Everything goes to show that Wnen
Morris went in there, an athletic, pow
erful young man. it was to fix his ad-
versary, as he stated, TO kill him.
Confusing Testimony.
I'm some respects this is the most
marvellous case have ever been en-
gagged in; l have never listened TO such
a labyrinth of confusing testimony as
here introduced by the state; one wit
ness gives his testimony, only 10 be up
set by another. There is species OF
insanity which induces people to tes-
tify to what they never saw. Take the
testimony of DOolan, a we'll mentioned
young man; he tells story contradict
ed by every other witness in the case
1T may be said that Benbrook had
no right TO arm himself. The law is
that the mere matters or armInS ones
self will not make that murder which
otherwise would have been man
slaughter.
But put a reasonable man in the
position Benbrook was that evening.
Would you say he should have run
away? He had a right to be there, and
had a right TO remain there. They can
not say that he should have run down
stairs. He had gone away, and done
all that the law requires man to do
who is assaulted and attacked"