The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-01

Burton c. Morris slightly. He an
Swered all questions satisfactorily and
was sworn as the twelfth juror.
Mr. Putnam arose and offered the
attorneys for the defense an oppor-
tunity to examine ten of the jurors
lin view of the events that transDired
on Monday night" meaning 10 learn If
, any had been pretudiced, as had Juror
McCarrick, by the acceptance OF The
/ cOlOred man Macpherson But JUICE
/ Powers reply was characteristic
we are willing to trust these gen
/ tlenen on their oaths," said he, in
/ patronizing way.
/ Clerk Little, whose responsible du-
/ ties all through this case have been
| carefully performed. then read the in
| formation charging John II. BenoroOk
with the murder Of Burton 9. Norris
on July II.
County Attorney Putnam made the
opening statement for the prosecution.
Statement of Putnam.
1--WE shall show that on and prior
/ to July l., Burton c. Norris was
! florist in the Mccormick block. and that
the defendant, John H. BenbroOk, was
/ a gambler and one of the propretOrS
/ in the Sheep Ranch gambling house On
/ Commercial street." said he. About
( 1885 p. m. on July II, the people on
/ Main Etreet were startled by pistol
shots coming from the Merchants
/ Cafe"
He then described the various en-
! frances and exits of the restaurant, the
/ positions of the rooms and the halls.
AT the time the shots were heard
I two boys-MeSsenge Hume and Robert
DOOin, were passing the door of the
restaurant. Doolin had been sending
| a telegram in the Western Union, ana
Hume had just got off his bicycle. Tney
ran upstairs, DOOlin passing Hume,
who hesitated. Doolin say Burton Nor
ris lying in the southwest corner Of
the room on the floor, and saw Ben
/ brook standing over the deceased, fire
a shot into the lower part of his ribs,
and then saw him raise his gun On the
act of striking him On the head He
jumped back, and Hume passed him,
and saw Benbrook raise his gun and
| strike Morris twice, and he saw Albert
| Z. Morris and Officer Chase rush IN
/ and grab Benbrook's hand. These wit
/ nesses will tell you that there was no
| gun on Burton c. Morris, and Chase,
who searched the body, saw no
/ weapon
/ He described Morris wounds, saying:
/ His head and face was a mass of
/ wounds. and said the only mark on
| Benbrook was a cut on the mouth.
! He described the pistol and the num-
Der of shots fired, and said the time
the trigger snapped on the cartridge
! Which failed to explode was probably
the shot Doolin says he saw fired.
| I'VE think that the fourth shot was an
echo" said he.
DO you intend to prove that by tests
/ and eVidence?" asked Judge Powers
IF not, we object"
| ThaOr-v vva have * that a
door might have been slammed at that
moment" he continued.
| I'VE except to this unless you intend
/ to prove it," said Judge Powers.
He said that Judge w. II. Dickson,
| who had gone upstairs, attracted by
the shooting, heard Benbr0ok say three
! times: I didn't have any gun; 1 don't
! know how it occurred"
J As to what transDired Immediately
/ previous to the tragedy he continued,
/ there were some conversations. But
we can't place on the stand witnesses
! whom we think are not reliabie-We
/ can't rely on them
Benbrook's Lawyers Object
Judge Powers and Mr.. Rogers, who
| had pulled their chairs up close to
| catch every word of the opening state
ment, jumped TO their feet at once on
nearing THIS.
We object. He can't impeach mis-
! own witnesses here" they exclaimed
He may speak Of witnesses whom he
will not call, but who may be produced
for the defendants cross-exdminatiOn, -
ruled Judge Hiles.
We do not place confidence IN the
! testimony of these witnesses: we do
not ask that these witnesses be given
implicit confidence by the jury he
continued.
Again the two attorneys for the de-
Tense jumped to their feet. They were
vehement.
We object TO tins: he is trying to
diSCredit his own witnesses" they said
in some anger.
Il want 10 say" continued the county
attorney. needless Of the objection,
that we will not call certain wit
neSses. If the court directs US to pro
dIce them, we viii produce them. and
sUbm them to cross examination. and
ask that we, too, may cross examine
them"
This is utterly absurd" said Judge
Powers. You must bring out all abe
facts of This affair. You nave no right
to hide testimony in this case. You
have no right to declare that witnesses
(COntinued on Page 81