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


ment''
There was a fierce scrimmage be
tween Attorneys Powers. Putnam,
Brown and Rogers over this point.
Judge Hiles finally decided that he
would postpone the settlement Of the
matter until the question came up.
That is, he world decide whether or
not the state should be compelled to
examine these discredfted witnesses
whether il chose to do so or not when
the time came for them to be heard.
There does not seem to be any question
that the attorneys for the defense VIII
be given an opportunity to cross-exan1-
inc them.
Depend on Doolin and Hume.
The certain witnesses whom the
county attorney says are mot reliable
are Albert c. Norris and Miss Leda
Stromberg. The prosecution has sud
denly decided since Saturday not TO
call them. Miss Stromberg was in at
tendance all day Saturday and Monday.
She was not in court yesterday. The
state will rest its case principally upon
the two boys, Hume and Doolin. 1t
will attempt TO prove merely prIma
facie case of killing. 1t will avoid
show of motive or surroundings
This is a remarkable and unusual
change of base. For officers Edding-
ton and Chase fatty contradict the
boys. Their testimony given yester-
day, if correct, excludes the boys, for
the officers said the boys were not
present until some moments after the
shooting.
The purpose of the prosecution is to
avoid the statement Of Miss Leda
Stromberg concerning the attacks
which Morris - said TO have made on
BenbroOk She testified On the prelim-
{ -, fr1a
into the room to which Benbrook had
retreated, exclaiming: Il will kill the
The testimony of Miss Stromberg
goes TO the root of the defense. 1t IS
by her that Benbrook must prove, II
he can. that he was ''in danger of great
bodily harm as a justification for kill
ing Morris. That is, he must prove II
chiefly by her. Steve Keene's testimony
the defense.
The defense will not call Albert G.
Norris for fear that he may be con-
tradicted by host Of witnesses
First Witnesses Examined.
The first witness OF the case, before
a crowded court room that had assem-
bled, was County Surveyor Charles s.
Wilkes, who was called TO explain a
plat of the rooms. halls and appearance
of the restaurant on the upper floor.
There had been added to the Ben
brook family, DR.. Charles Benbrook of
Texas. and several relatives of Burton
c. Morris came in. There was large
crowd in the court ROOM
Mr. Wilkes told in great detail Of the
measurements Of the rooms and dis
tances, as has been given many times
Undertaken Joseph William Taylor
was called to testify concerning DR.. An
derSon's autopsy on the body of Nor
ris, but he could not say anything def
mite.
DR.. H. A. Anderson, the county ply
sician, related the locations of wounds
and told of the autopsy. He said on
cross-examination that Morris was a
strong, healthy man, weighing 165
pounds.
Charles ]. Ross Of ogden said he was
on the White House corner when the
shots were fired. He heard three shots.
officer Chase testified that he was
called by telephone to the Merchants
cafe. On his way he heard two shots
Arriving there he saw Mr.. Keene. He
went upstairs and into room 1. AS he
stepped on the stairway he heard two
more pistol shots, and upon going into
the room he found it filled with smoke.
There were three men in. the corner of
the room. One of them was lying on
the floor with Benbrook on his knees
astride of him. Albert Morris was
bending over him, reaching for his
hand. II ran over to them and grabbed
BenbroOk by the wrist and took the
gun from him. When / took the gun,
Benbrook looked around and saw who
il was. I asked him if il was his and
he answered no. He said he did not
know anything about it"
On being asked If Morris was dead
when he got there, witness answered
that he did not know; that he gasped
a time or two after he turned him
over on his back. but he did not speak
Benbrook was taken out Of the room
by Sheets. Here he was asked if he
could identify the gun with which Nor
ris was shOt, and upon it being shown
him he said it was the same one. He
said that one bullet was picked up by
the window by Reporter Clarke.
On denomination he said no one
but Albert Morris had preceded him
and he was the second person that went
into the room On being asked if there
was any boy looking in at the door
when he got there. he said he had seen
no one. He said again that when Ben
brook saw il was an officer he imme-
diately stepped back. and when he
asked him If il was his gun he said
no. and when he asked whose it
was he said he did not know. upon
which Albert Morris said. You are a
lar: 1 saw il in your hand"
Did you search Albert Morris?''
Il did not
You do not know whether he had a
gun or nOt?''
He was there before you got there?"
IVES sir"
He was then asked If he sax Pen.