Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-06
JOHN H. BENBRO0K
ON THE RACK TODAY
CONTINUED from page one.)

THE last time weighed, ] was about
l55 pounds
And your height"
"a little over feet"
Five feet > or o.
And You call that little over ave
feetg'
'Flvc feet or O."
The witness then took up the strug-
gle In the room, saying Morris, after
striking him the second time clutched
him by the throat Benhrook tried IN
successfully 10 reieaye the grip on his
throat
Didn't you shoot at him while he
held that hat In his hand2"
"NO. sir"
and didn't you commence shooting
as ne came and shot into the other
ROOM"
NO. SIR
He didn't draw any gun or use any
gum
Il didn't see any"
and you knew he didn't have any
gun when you got a postponement last
Jamaryg'
II can't say that | knew be had any
gun"
Did you say you both went down at
one timer"
'y'cs.'
DO you say you both got up from
that"
YES"
WHO got up flrstY'
I'VE got uD about the same Time
When you fell, who was on top?"
"lle was
you didn't shoot your revolver with
the left hand that nlght?'
Il did not"
After describing the position they
were In, as nearly as possible, Mr.
Brown asked the witness 20 explain
how il was, u he used his right hand,
and Morris was lying on top OF him,
he shot Morris IN the right side.
BenbrOok said he couldn't explain II.
lie did not know Just when he pulled
the gun, although il was after Morris
got him by the throat
Didn't you shoot him as he threw
the hat DOWN."
NO"
Didn't you stop and take a shot at
the hat before shooting at himT
mo"
'How close was he to you when you
got the gun out2''
Il cannot sa.. but he had me by the
throat. don't know what our positions
were"
you don't know much about this
fight do you7'
what have told you"
WHEN MORRIS FELL DOWN.
"Now, when Nv went down the last
time. did you fall, too?"
we both fell"
did you fall2"
I'VE both fell"
But want 10 know about you. Did
you fair
yes, he went down first and 1 fell
on toy OF him.
did YOU jump astrlde OF him and
commence hitting him with the gun"
Il did not. fell on top. Of him. We
were struggling when we fell. | was
badly excited and scared
WAS he struggling when you were on
the fioor2'
I'VE were graphing all the time, |
kept thinking / was defending my life.
Did be make q move after he fell
on the loot
struggling"
"HOW?'
II cannot describe 1t. | have told
YOU
Didn't YOU know you were striking
a dead man, sir2'
Il didn't know there was any dead
man there
ibid YOU see Albert Morris at any
time during the encounter
Il don't rspember seeing him. The
first / remefiyty 90 that is seeing TIE
policeman in uniform who ierked the
gun away from me. He asked me II
ii was my gun, and answered that II
wasn't, that ] didn't know anything
about It."
SEARCHING QUESTIONS.
you did know that it was the gun
you had been usingg'
yes"
"You did know something about it
where It came from?'
Yes"
III you had been using that gun
there in self-Gefense you could have
said, ! used that gun In defending my
life, couldn't you"
Il suppose 50.
why did YOU tell them what you
did there IN the presence Of the dead,
in the presence Of the man you had
just killed."
Il cannot say. l was excited"
"You said that then in defense OF
your life, 10 save your bacon, didn't
your
u cannot say exactly what said"
III you were SO excited. why didn't
YOU explain this struggle there2"
Il didn't know that / had TO, there"
And didn't you say. 4 did not have
gum
when sheets was searching me,
said / didn't have a gun"
Didn't YOU say that In the hall?'
Wherever Sheets was searching me.
that's whore I said il"
Had YOU been drinking that day."
Il hadn't taken many drinks"
THE NIGHT BEFORE.
what time did you go to bed the
night beforeg
Don't think had been 20 bed
Hadn't you been drinking all
through the night and heavily in the
morning.
No. sir"
did you get into a hack that morn
ing9'
Judge Powers-I object 20 this. II IL
immaterlal. irrelevant and altogether
toe remote.
Senator BroVn--I want TO show that
he was drunk
Continuing. witness said he took a
hnck and went 20 the Sheep Ranch,
whore he armed himself. lie drove TO
the rear Of the Merchants.
Took a shot at the hackman there,
didn't your
"No. sir"
Didn't you have some trouble with
the hackman over the pay and didn't
you take ont a gun and shoot II of a
couple Of times?"
"No. sir. There were two men on the
box II the hack. and when | asked
what the charge was. one Of them said
two dollars. J said l didn't want TO
buy the hack. and the other man said
a dollar was enough. That was all
there was TO H."
Then you didn't draw your revo-
yer and take a couple OF shots9"
NO. | was going 20 San Francisco
IN the evening, and going to my place.
fo1E the pfi1 from, tho sp % "