The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-09
BENBUOOK HEARING IS
NEARING ITS FINISH
Judge O. ". Powers Closes His Argument for the
Defense.
Senator Brown Spoke For Half an Hour and Will Conclude
TOday-CaSe Goes to Jury this Afternoon.

! in waiting is simply a theory. 1t is
| nothing but guess WORK. I say that
/ their whole case is guess work and
/ theory, and you cannot convict a man
on guess work, you must have proof.
they must prove that this man was
/ lying in wait.
Some Propositions Offered.
There are several propositions which
advance.
'First-When Keene took him in
room one, he left him with the assur-
ance that he was going into the room
where Morris was and would try and
quiet him, or to have an officer take
him from the place. If Benbrook had
wanted to kill this man, would he have
asked for a policeman to take him
away2 He would have wanted TO be
left alone, wouldn't he?
Second-If he had been lying there
in waiting, he would have shot Morris
While he was there in the hall, wouldn't
he!
Against this proposition they ad-
vance two theories.
THAT Morris was not in the hall? Did
not Miss StrombCrg testify that he was
in the hall? Didn't the messenger boy
md him in the hall, excited. when he
came 10 get his pay, and didn't Morris
tell him To call around at the store the
next day for it? So he was out in the
hall. wasn't he? I'll put the testimony
Of the messenger boy against the the
Org of the county attorney. The man
was out in the hall after Keene had
left the room, and he talked with the
messenger boy. So their first theory is
struck out of the case.
The second theory is that the reason
why he did not shoot him when he
came out into the hall was that he
would have had TO shoot him in the
back. If that had been true, he would
have been lying there in ambush and
waiting for him to come out
THE trouble with these theories is
that they are toe thin. They viii not
hold water. They are nothing but air.
and not the best kind of air either. not
the kind people would like to breathe
Hiss Stromberg tells you that as Nor
rushed out, BenbroOk threw ND his
hands. He had opened the door. and
when he saw this man rushing at him.
ne instinctively threw up his hands.
This is what Miss Stromberg has testi-
fed to all along. and they say that she
tells a lie. If she had been testifying
in their favor she would have been the
most truthful girl alive. Parts of her
testimony which are in their favor are
the truth. parts that are not are lies
Didn't Seek Miss Stromberg.
See how unjust this is, and she is
their own witness. We have asked her
nothing az to what she would saw. or
how she was going TO testify, ana we
have lot sought to find out anything
about it. They have no cause to come
in here and say that she lied. that she
was testifying falsely. A man that will
stand up and say that a woman lies
has no respect for woman. He fOrgets
that his mother was a woman This
girl went upon the stand and told the
story as well as she could tell it. OF
course she suffered; she suffered all the
time she was here. l did pity and do
pity that girl.
I do not pretend to be a good man
/ know that I have done a good many
things that l ought not to have done.
and left undOne a good many things
that 1 ought to have done, but, thank
God, l have never deliberately injured
anyone. And can my sainted brother
here. who passes the plate in church.
stand up and say that that woman
lied? 1 do not pretend to be a Chris
tan, and 90 not belong to any church.
but 1 have never yet said that a woman
lied.
'FOurth-If he had been lying in wait.
would Miss StrOmberg have had time
to have walked eighteen feet, opened