Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-01

VINO went ahead or your
Officers Chase and Eddlngton. There
was no one between the officers and
myself There were no boys there then
When ! got In the room the only ones
there were Burt Morris. Albert Morris
Benbrook, the two officers and myself
There were no shots fired as we went
up nor were any fired after We went In
Benbrook standing close to where Nor
ris was lying"
on REDIRECT.
On redirect, the witness said that his
memory was perhaps little clearer
now than II was at the time Of the
preliminary.
Senator Brown was proceeding 70 ask
some searching questions when Judge
Powers objected on the ground that II
was crosss-examination Of their own
witness.
Judge Hiles ruled that In a CAGE OF
this kind and under the circumstances
the prosecution was entitled to ask
searching questions. What u wanted"
concluded the court lis the truth. The
objection is overruled.'
Now so on In your own way" said
Senator Brown, and tell the whole
story from beginning TO end"
The witness detailed taking the pistol
up 10 BenbroOk In room |. the conversa-
ton with the defendant, and afterwards
with the deceased and Leda stromberg.
The only new matter was with regard
to seeing the two girls. Mana Witbeek
and Emma Mathieson, when he went up
stairs the second time. They wanted 10
know how they could get out, aud Wit
ness told them to 90 out The rear way.
when you went up first, you knew
you were taking the revolver TO Ben
brook"
yes"
you didn't tell Benbrook that he had
to get out?'
81 did not"
But you told Morris he had to get
outg'
Eyes"
why was that?"
'Benbrook told me that Morris had
been imposing upon him and interfering
with him and that he didn't want any
trouble. That was the reason why !
told Morris he must 60"
Did he ask you to do anything for
him that afternoon"
Yes. he asked me to write couple OF
notes to Leda Stromberg."
The defense objecjed to this as nor he
lne Proper re- direct examination,
Jucse Hiies overruied Il. and witness
continued that Il was about O'Clock
In the afternoon when he wrote note
for Benbrook to Miss Stromberg and
ne liz lR 10.
home and II was returned and de-
stroyed. About p. m. he wrote a Sec
ond note for the defendant and sent II
the same way.
This note" continued witness, was
statement TO the effect that Benbropk
was going to San Francisco the next
morning. and would like TO see her that
evening. A pair Of gloves was sent with
the note. Some time after the note was
sent, / saw Miss Stromberg and Burt
Morris come down the street together"
did you see her afterwards. come
with Benbrook 10 the restaurant"
mo, did not wait on them"
do you say" asked Senator Brown,
that Benbrook appeared scared when
you gave him the gum
II do"
did you notice him particularly
Il didn't make an examination Of
him, but couldn't help seeing him.
The answer called forth laugh from
the audience and Judge Powers said
that at the threshold OF the trial, he
wanted TO interpose an objection to any
demonstration whatever on the part OF
the audience.
In ha
Brown.
The court warned the spectators that
II there was any demonstration as the
trial proceeded he would clear the court
room, taking care, however, TO make II
a public trial.
Referring back TO the testimony given
by this witness at the preliminary. Sem
ator Brown asked II he had not said at
The preliminary that he did not notice
face, the witness replied
that he stated he did not notice II at
the time referred TO in the question par
ticularly.
In passing upon another objection to
this form OF questioning the court an
nounced that he proposed TO require the
State 10 put all witnesses on the stand,
would be allowed.
did you see w. II. Dickson up
lhereg continued Senator Brown.
Il say | didn't see him. All the per-
sons ! saw in going up and on reaching
The room first have named"
Did Morris tell you he had come
there 70 do Benbrook up?"
Either that or that he would do him
up or could do him up. one OF these ex-
presslons."
did you tell Morris you had taken
Benbrook a gung'
II did not"
ibid you take Morris up a gun too?"
mo"
Had Benbrook been drinking"
Il had seen him take but one drink"
did he show any appearance OF hav-
ng been drinklng--was he calm and |
luiet?"
He was very much excited. or APP
)eared So
Had he been drinking the night be-
.ore?"
Il don't remember anything about
lin the night before"
WHEN did YOU see him first on this
lay?"
About or 2 o'clock in the after
loon"
did you talk with Attorney Rogers
asst night"
yes. a few minutes"
when you left the room VI there,
idn't Leda Strombers Tell you to lock
he door7'
- have 10 recollection OF H."
Judge Powers again took the witness
n hand. and read his testimony given
I the preliminary with reference TO
appearance OF excitement
ihen witness gave him the gun. Keene
nswered that that testimony was cor
ect
when you saw Mr.. Rogers last
light, YOU and he didn't take drink
ID you?'
Eyes, we had a glass OF beer"
Senator Brown said he wished 10 ex-
mine witness regarding this interview
last might, and IL was brought out
nat the senator simply accepted
Genes OFFER 10 show him the rooms
the Merchants cafe.
Continued on page twoj