Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-28

came TO sialt Lake," asked Mr.. Rogers.
Right here where this building
stands, replied the juror
DEFENsE EXERCISES IT'S LAST
PEREMPTORY.
CONTINUING, Mr.. Kemp said he knew
nothing about the case, luther than
that Morris was kill,d. but he didn't
know who killed him.
Attorney Rogers explained the case
on trial TO the juror and Mr.. Kemp
then remembered having heard OF II.
do you belong TO any secret So
ciety?" asked Mr.. Rogers.
II do" replied the Juror.
which one?'
1.-THE Mormon Church"
How long have you belonged 70 it?'
Il have been an Elder about twenty
five years"
Now, sunposing II should develop
that the defendant Is professional
gambler would that fact prejudice you
against him?"
mo, sir"
III he should go upon the witness
stand to testify I'm his own behalf
would .ou attach the same weight TO
his testimony that you would that Of
another MANI"
II would"
Would YOU take the word OF gam
bier !ust as quickly as you would that
OF a farmer?"
II would, provided I didn't know
either Of them"
No cause appearing against Mr..
Kemp. he was PASSED and the defense
exercised It's fifteenth peremptory, and
challenged him peremptorlly.
AN EX- POLICEMAN.
w. l.. Carey. the well known expo
liceman, then took seat In the box.
He cid not know much about the case
having been al Custer. Idaho. when the
shooting occurred. lie had seen Ben
Brook. perhaps spoken to him, and
knew Burton c. Morris during his life
time to about the same extent, Mr..
Carey passed a perfect examination
and a, the close OF Il ALL Mr. Putnam
said, I'VE pass the Juror for the case"
HE is SWORN IN.
LET the Juror be sworn" said Judge
Powers and the oath was then admin
istered.
Mr.. Putnam then arose and said:
MAY IL please the court, before going
further. we wish TO say to counsel for
the defense that " they desire to ex-
anime any Juror In the box regarding
the occurrences Of Monday and Tues
day tthe Mcpherson incidenU there ls
no objection on our part"
I'VE are willing TO trust the Jurors
on their oaths. replied Judge Powers
THE OATH OF SENATOR BROWN.
Senator Brown stated that he would
file oath as an assistant county at
torney later
THE OPENING STATEMENT.
The information was then read and
Mr. Putnam proceeded with the open
ing statement for the State.
He briefly reviewed the admitted
facts In the case, and described the
situation OF the rooms In the Mer-
chants Cafe.
AT the time Of the shooting there
were two boys in front OF the restuar-
ant. Both started up stairs on hearing
the shots, John Howe going first and
Robert Doolan following him At the
head Of the stairs, Doolan passed Hume
and went In first. Both OF these boys
were Htssehsers' Nnei pooian
ieacheu the Ioohl ne saw MOTIFS ~
ihg on ths nooI, DsnpIOoH stool oNes
MN WIN .ne Kun II, ms manu- alIieu
.owarus holIls' ne 'nen Sd" peiloI1oN
RAISE me gun as lhough 10 stlAe.
Hume then went In the room and saw
Benbrook bring the gun down at least
twice on ule heaa Oh the prVstIa'e man,
Albert MOTIFS caine N anu Sv.enlpteu
10 seize the gun, anu olllcei Nhase en-
tered al the same moment ana look
the gun All tne WITNESSES VINO were
there Woulo TESTIFY tnat Motifs Was en-
ureiy uharnlsu' Inc only gun III 'ne
room was the one seen N lhe mana OF
ne aeiendaht. an r,s
ton were the next ones in the room.
Wheh examined, MOTIFS Was Ioune 70
ve usau' snVl ',rvusn Wv neat ""ils
MS n,ta anu oVus VIZ mass y,
Wounus uii1 prulses' !he Vn's mouilu
on behprook was Gu, upon tne up;
tnree outlets ha1 peeh ulsciaiseS
missed fire. Two OF the bullets were
loune IN lne IoonL one an W. 'ns van anu
ano'1ei ui 'hs nvvi, ine ',',u vu ui,,.
was y. ~ 'ile pous VI noil a. 80, ~ ia yp
~ ehe MIshssses heiiu tn'ss s, ,s.
N Hns v se,, p etsams unt So 80