The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-19
SALTY CHARGES IN
BENBROOE CASE
Confined from Page -

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physical condition. when he found
/ that Powers was suffering from acute
nervous exhaustion, insomnia. head
ache and pains all over the body with
no capacity for continued work such as
I he would have ia his normal condition.
! DR.. Bower further set forth that at
that time he advised his patient that
unless he took absolute rest ne would
break down. both physically and men
tally. In the opinion of the medleai
man Judge Powers would be n ex-
IRENE peril if he were subjected to any
great mental strain while in his pres
ent condition.
As soon as Mr.. Rogers had read the
above affidavits before Judge Norrel
and laid particular stress upon the
fact that the defense had relied almost
entirely upon Judge Powers to conduct
the case. Senator Arthur Brown arose
and filed an objection TO the proposed
continuance.
No Diligence Shown
He insisted that there had not been a
due amount Of diligence exercised on
the part of the defense to secure the
presence of the missing witnesses at
the trial AS to the two girls he said
they had already testified at the pre-
liminary hearing under oath, and had
prOfessed to then have furnished all
they knew about the case. In the case
of jackson, the defense, he said, was
perfectly aware, as was the rest Of the
community at the time, that he con-
templated going east for an extended
period. and if his testimony were of
such importance in the case the defense
had ample time to secure a deposition
from Jackson or take other steps to
insure his being on hand to testify
when called upon. But no." added
Senator Brown, counsel has serenely
waited until Jackson has left the city
and then has come forward with this
remarkable statement"
Attorney Rogers. however, was not to
be gainsaid, and further pressed the
motion, at the same time insisting on
the statement that the girls had been
furnished with funds to lave the city
My a witness for the state. Senator
Brown thereUpOn arose and said that if
the allegations of counsel were cOrrecn
that a crime had been committed, and
that the court ought to be informed
who the guilty man was. so that the
iron hand of the law could deal with
him.
Collapse Is Feared.
Coming down to the imminent state
of nervous prostration that threatened
Judge Powers, counsel cOntended that
MS DfOIHtf law yer was now CouQuCLllS3
an important case with VigOr and
marked ability. and up to this stage
showed no signs of collapse.
County Attorney Putnam then fled
his objections to the motion for con-
tinuance upon similar lines to those
taken by Senator Brown.
Mr. Rogers next proceeded to volun-
teer the information that if the other
side wished to know the MANS
of the man who furnished the
money that was the means
Of transporting these witnesses, that
it would be cheerfuIly given privately
at any time or place, but, he added, I
think they know il"
After further sparring on both sides.
Judge NOrrell granted a continuance
until Feb. 19.
Colonel Bruback Subpoenaed.
It developed yesterday that a sub
poeua had been issued by the prOsecu-
ton for Colone! Theodore Bruback- Just
what Colonel Bruback knows about the
case is not apparent.
County Attorney Putnam refused to
discuss the subject Of the issuance Of a
subpoena for Colonel Theodore BTu-
back. and declined to say along what
lines the gentleman is expected to tes-
tify.