The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-02
JUDGE RILES FORCES
HAND OF PROSECUTION
Will Compel the State TO Produce ALI Witnesses
In the Case
Steve Keene Compelled to Tell Story of Burton Morris.
Killing In Detail-TeStimOny Of MeSSenger.Hume.

q
Then she told me to 60 out; thar she
could take care Of Bert
thougnt II was a good opportunity
/ 70 get an officer 50 started out When
/ got 10 the head Of the stairs AIbarr
Morris looked out Of room 2 and asloa5
me what the trouble was I answers
mat 1 was going to get a policeman.
went down stairs and found q hack
STANDING outside I told Sandberrv- rba
hacknan, TO go get a policeman
! Ihen went into the cafe and went b.
nlnd the lunch counter and spolya n
/ Daly, saying that I was afraid tbera
was going TO be trouble upstairs and
had sent for an officer. He said that
/ ne hoped there would be no trouble in
! the house. ~
! L grabbed m~ coat and went ont
/ heard two shoJE n succession, and then
( Two more E1t as far as the door
when saw TIE officers coming. one a
/ Few Ieet behln@ the other. I thought I
! WouId let them go before me. and I fol-
: loWed directly after them When I got
I upstairs l went into the room. I saw
I the TWO Ofncers BenbrOOk. Albert Nor
rs ana Burton Norris in the room
Burton Morris was lying on the
/ MOOR stepped back toward the door
! ana there someone touched me: it was
I Two girls They asked me how thew
/ would get out, and 1 replied to 20 ont
/ the PACK way, through the pantry.
/ Ihey did go out the back way did
/ not see the girls when I went upstairs
! No one passed me on the stairs. and I
] dld not see anyone else in the room
Didn't See Hume
/ Here he was asked If he knew Mes
senger Hume. and he replied that he
dld not Hume was brought in. and
] ne stated again that he did not So
rune IN the room. He also said that
/ ROBERT o. DoOlan was. not in there.
| either -
1 wrote a note to Miss Strombarr
/ Tor Benbrook about 3 o'clock. In this
note BenbrOOk said that he wanted N
see Miss Stromberg that evening ae he
Nds gong aWay-gOing to San Fran
CISCO With this last note was sent a
par or gloves added the witness.
Al was during Keene's testimony thar
/ Suoge TILES made his ruling which VIII
/ LOrce me prosecution TO produce all the
/ testimony M the case He said that %.
: lntende0 70 have all the witnesses ev-
ahmed and crOSE-eXamined and intend
! ca 10 see II they could get the truth
/ from the various people in the case.
In accord with this Miss I.eda Stro7n-
] Ders, VINO VIII cOrrObOrate to some ex-
/ tent Aeene's description of Burt Nor
rs condition of mind and his language
ana AIoert 6 Norris. who claims 10
have grabbed Benbrook's arm as he
I was trying 10 strike the fallen man
VIII De produced as witnesses for the
I prosecution.
] Ahere was long argument upon tia
| adnllsaon OF the transcript Of the tes-
umOny Of Waiter BigelOw OF Dalv
given az the preliminary examination
] Daly Is IN Los Angeles. He has faiIa,7
/ 20 appear and he is beyond the juris-
Of ha
{ Jected on the ground that the eOnsri-
4 tuition Of the United States expressly
/ declares that a prisoner must be con
IOnled Dy the witnesses against him
Judge Powers held that the Utah stat
( ute, which permitted the reading o.. a
transcript OF testimony, was unconsti-
! tulOnal ana void.
But Judge Hiles overruled the motion
ana the testimony was read.
M Putnam read that Rfge1ovv vas
an employee at the Merchants Cafe He
was there on the evening Of the 18th OF
July About $50 BeRbrooll and Miss
! SIrOmDerS came to the cafe and vveD-
up stairs into a dining room He said
ne saw Morris go II the door of the
Loohl where they were and rap on the
door, BenbrOOk opened and he went IN,
see Ihen ne went down stairs About
I'VE minutes later the bell ranef and 10
went UP stairs, saw BenbrOok in room
NO l. lie told BigelOw TO tell Keene 10
DrlnS MS gun up TO him. He came
down stairs, told Keeue what BenbrOol-
had Salo, and Keene went Up stains.
taxing the gun with him Keene came
Gown few minutes later and said he
nad sent for a policeman
Then he heard two shots fired and
then two more. After he heard the
snotS he went upstairs behind Sheets
but did not stay.
ne STATED on crCSSexaminatiOn that
ne certainly heard four shots.
Hume On the Stand.
The next witness called was John
hume He stated that he resided a.
SIo Fourth street, and had lived In the
city Tor about ten years. thar he was
DIT present employed in the mailing de-
partment- Of Auerbach Bros. on the
LLth OF July he was employed by the
WESTERN Union as messenger boy.
ana mad Just returned from a RIM on
that night. About twenty minutes -
he rode up in front Of the Merchants.
! CAFE, and just as he arrived thera be
heard gun shots. He had not dis
mounted from his wheel when he
heard the inst two shots. He ran nm
STAINS, and heard another as he vas IN
the stairs going up. He heard three
shots in all.
N~e--- -AE went Al1lQ the 1lTcs~
TO the left, as you go upstairs. He 80
two girls in the hall. Before he v-ar,-
INTO the room, after stepDiDey iDs;5o,
the door, he saw two men str71OoIfDe-
on the floor, one on top OF the orber
VINO was striking the man under him
on the back Of his head. The ona On
the floor was lying on his left side
partly on his stomach the man who
was astr1de Of him was on his knees.
Morris was the man lying on the
floor, and BenbrOOk was striking him
be stated that he saw BeubrOOk strike
Morris two times. When they took
the gun away from BenbrOOk. the first
thing he heard was Benbrook saving
It was not his gun. he did not use tbs
gun, and that he did not know" and
repeated that he did not know" The
policeman said NO. of course you do
not know anything" or something 10
that effect
By the time the gun was taken
away" the witness continued. -Officer
Chase and two or three others were
there. While they were struggling
Morris never changed his position, his
hands were uD in the air, that is his
right ihand, for he was lying on ms
left side. but YOU could see the left
hand. He did not speak after I rame
into the room, but gasped two or three
times. There was nothing in his hands
As soon as they took BenbrOok on.
they rolled Morris over 10 see where