Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-05

SUITE llt MI 1hNQ al Aha N''lf 'HN''N "a
put his hat on the rack and engaged In
conversation with Miss Strombelg. Mint
juleps we're ordered and dinner was
served.
NORRIS ENTERS.
While sitting there, there came
n knock, the door was sud
denly pushed open and Morris
rushed towards Benbrook. With
a vile oath on his lips, he struck at him,
but Benbrook drew back and escaped.
II was repeated, when Miss Stromberg
threw herself between them and by ae-
cident received the blow, Benbrook,
being a gentleman and used to the
ways Of polite society, left the room
when Miss Stromberg requested him to,
leaving his hat on the rack behind,
He was leaving the house when keene
and the waiter Bigelow met him. lie
told keene hFhad been imposed upon
by Morris and wanted protection.
Keene told him to go into another room
and to the waiter Bigelcw or Daily said.
you 90 down and get my gum Then
he said. you stay In here, III go and
see Morris. I'll quiet him. Benbrook
said quietly, You get a policeman.
claim protection In your house" keene
assured him that he would remove the
disturbing element and Benbrook re-
manned In the room After Keene had
seen Morris and come out Morris fol-
lowed him aud went TO the head Of the
stairs. Benbrook still remained In the
room where he had been placed by the
proprietor. lie began to grow nervous
and rang the electric bell or annun-
ciator. he goes 10 the door and looks
out and sees Mr. Morris returning from
some place down the hall. He goes back
and closes the door. rings the annuncia-
tor again. The situation in which he
was placed became more apparent He
becomes more and more nervous. He
decides 10 leave and a. he does the door
to the other room opens and Morris
rushes toward Benbrook.
THE FIGHT IN THE ROOM.
Morris held Renbrooks hat In one
hand and throws II into the room.
His right hand is clenched and as he
enters he strikes Benbrook an awful
blow. which staggers him, In the
language Of the day. Morris was pro-
ceeding 10 make good his threats,
aiorris was the physical superior Of
Benbrook. He was a man Of magnifi-
cent physique in the. bloom OF his
young manhood. He grapples with
Benbrook and starts to strangle him
His GRID Is so tight that Benbrook's
throat IL closed up and his tongue
sticks out. He has lost his breath
The struggle goes on. Benbrook gets
his gun out and commences to shoot
He doesn't know any more than you
do how many shots he fired. He be-
lieves his life is In danger and that
he Is about to be killed.
They struggled around the room.
locked together, until finally they got
over near the window. The two men
went down, Morris on top. While
there, the pistol was undoubtedly fred
again, and my theory is that at this
time the bullet entered Morris. II
was this struggle that the witness Abel
saw. After the discharge there, Nor
ris apparently relaxed his hold on Ben
brooks throat, and the men arose to-
gether The pistol SHOT having en-.
tered vital part, Morris became weak
and fell. Benbrook falling with him.
Benbrook, OF course. did not realize that
he had disabled his assaiant. and with
out realizing that, he perhaps lifted the
pistol once or twice and struck him |
then do not pretend to give you all !
these In detail or with absolute accu-
racy. That must be given TO you from
the stand.
BENBRooK'S CHARACTER.
Benbrook has been a gambler for a |
number OF years. but Notwithstanding |
that. he has established for himself |
during his residence in this city, a |
reputation for peace and quietness such
as all law-abIding and good citizens en-
Joy. We shall show you by the testl-
mony Of leading citizens OF this city, |
men who have no interest In the re. |
suit Of the trial. that he did enjoy |
prior 10 this occurrence, good reputa. |
ton for peace and quietness, and in a
trial Of such case as this, evidence OF /
that kind Is highly important. u believe
the law Is, and the court VIII so in |
struct you, that II the defendant has
enjoyed good reputation for peace |
and quietnesf, you are TO give II great |
weight in making up your verdict.
EXPECT A VERDICT OF NOT
GUILTY.
II we show you these facts, we shah
expect from your hands that which
is right, fair and Just. that we claim,
II viii be your duty 10 return q yer.
dict Of not guilty. that Is the claim we
make here. gentlemen OF the jury, at
the threshold Of our defense.
ORIGINAL COMPLAINT OFFERED.