The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-03
BENBROOK PROSECUTION
is NEARLY FINISHED
Only a Few More Witnesses For the State Are
to Be Examined.
Robert DOOIan Was the Star Witness Yesterday Being On
the Stand Three HOurS-YOung Women Testify.

While I was looking in at the door,
he said, Hume was in the hall. When
/ stepped back from the door Hume
went IN the room. 1 think remained
in the room about ten minutes after 7
followed the messenger boy, Hume. in
Was Hume in a position to see as
much as you SAW" asked Judge
Powers.
Il guess he was; I think he cos1I5
have seen as much as I did'
did you see anything as you went in
that could have ObStructed the view OF
the messenger boy?"
Not unless it was the smoke"
That did not ObSt-uct your view,
did it?''
well, things were not as plain as
/ they might have been"
Did Hume brush against you as hs
went in the rOom2"
He did not
Did any of the officers brush against
you?"
mo, sir
When the officers came in where was
Albert Morris?''
He was southeast Of Benbrook,
( southwest Of the policeman"
Did You see him grab hold OF the
I gn?'
Il did not; did not notice his hands"
Z 6SnDIOCk On SlS rect.
'At no time while you were IN the
room, after you followed the messen-
ger boy IN, did you see BenbrOok on
/ his knees on top of Norris striking
/ him on the head. or Morris trying 10
/ take the gun from BenbrOok2''
4 saw the policeman reach for the
/ gun TO take II from BenbrOOk. Ben
/ brook was on his feet, not on his
knees, when the officer took the gun
Did you see two girls go out In the
han?"
NO. sir"
Did you see them go into room 2?r
] I did not see them go into the room,
but 1 saw them start as If they were
} going into room -
He was asked if he did not testify
on the preliminary examination that he
had seen them go into the room To
which he answered that he had said
/ that the girls had not gone past him in
( the hall. During the rest OF the cross
examination his testimony was practi-
cally the same as given at first
Doolan had on his preliminary ex-
animation given several figures con
corning the positions Of the two men. of
himself and about the time. He had
said Morris law on the floor on his lest
side. stomach downward, at an angle
of 30 degrees; BenbrOOk pointed the gun
at him at an angle of so degrees he
stood peeDing in the door Just TWO
seconds, Another event occupied
thirty-hve seconds On this examina-
ton he had given no figures.
Why did you give figures befOre2''
asked Judge Powers.
well, you named the figures. and I
just said yes and no." said the Wit
ness.
well. would you let me put a lie into
your mOuth?" asked the attorney for
the defense in some warmth.
No" said the witness.
Then Judge Powers read over many
Of the figures on the preliminary ex-
animation, showing that they had been
given on the direct examination and in
answer to Senator Brown.
Now, do you say that put figures
into your MOUTH
No. said the witness. meekIy.
Told Ills Story Again.
opened in the afternoon by Attorney
Brown.
He said that he did not remember
how he was dressed that night
whether ne had on light or dark clothes
he could not tell. Then he was asked
to tell in his own words just what took
place after he had followed the mes
senger boy in the room. Here there
was an objection made by Judge Pow
ers. on the grounds that he had already
told what had happened.
l 1t was OVerruled and the witness
proceeded with his testimony This
was told with little variation from his
first testimony. He added that the
messenger boy was sent for a doctor,
but returned and said, Where can
find one? I have teleDhOned for one"
( Then he heard some one, did not know
whom, say that Morris was dead. He
said he did not see Morris struggling
after he went into the room. but saw
him gasping for breath Here he was
asked If he saw him move himself in
any way after he had entered the room
to which he answered that he did not
At this point his entire testimony. as
given in the preliminary examination,
was offered in evidence. Attorney
Brown said that when a witness was
InterrOg2ted as TO what ne said he has
a right to state all that he said, and
therefore and COR that reason he Of
fered to read all of his examination.
This was Overruled by the court who
said part of it might be read. any part
relating TO any certain question. but
1t was unnecessary to read all Of It
Attorney Brown asked Judge Hiles II
he did not understand him TO say that
/ all eyewitness were 10 De called
Judge Hiles answered that all are to be
called, but it was not necessary to be
bound by the testimony The court VIII
ask that all eyewitness be called for
cross-examinatiOn. Brown said in that
view and for that purpose only he
called Albert c. Morris Judge Powers
said that if Albert Morris was pro-
duced. that they moved that the state
be required to examine him. to which
Senator Brown answered that they in
tended TO.
Victor Y. Morris Called.
Albert Morris was not in the rOOms
and while they were waiting for him,
Victor V. Morris was called.
He stated that he was a brother OF
the deceased and that he was 1anlllar
with the rings that his brother had
been in the habit of wearing One was
A moss agate. but he did not know
which finger he wore IL on, and the
;. other was a plain gold band ring, W011n
on the little finger. He did not know
on which hand he wore the moss
agate
Mrs Selden I. Clawson, a sister 81
!. Burton Morris, said that after his
death she took the rings on his hand
She described them as her brother dsd.
The object of this testimony was 10
show that Morris cut BenbroOk with
one Of the rings by striking him.
Hume was recalled and aske6 II a
Young man had passed hin in the hall
before he got 10 the door OF room 1; ne
said no. not in the hail OF on the stairS,
1 bo nf