The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-08
DE9TH OR FREEDOM
FOR JOHN II, BENBROOk
Attorneys For Defense Say There is No Middle
Ground.
Rogers and Powers Declare Their Client Must be Acquitted
or Convicted Of Murder in the First Degree.

rbe defense IN the Benbrook case
r.. assumed d remarkably bold and
I.r.r- Tone Attorney Rogers, with
ssamirs audacify, declared yesterday
afternoon 90 the jury that he wanted
b.,- one of tuo verdicts-murder in the
nret degree or acquittaL
The avoual came to most persons
with gstonishment and surprise. They
looked upon it as a very daring stand.
EY- he made the statement without
ouardrauon and uneQuivocally.
Nat only that. but Judge Powers, too,
I'm bis address at the evening session,
said over again the same thing, and
with as mucG or more force. The de-
Tense wants Benbrook hanged or de-
rfar4f ala innocent man. The bOldness
pf this declaration may be understood
when It Is realized that Counsel Weeks
for M0lineux. in the famous New YORK
trla. made the same demand and his
ellen. was convicted.
Another feature of the case was
judge Powers terrible druunCiatiOn OF
County Attorney Putnam as a man
who had abdicated his office. lie made
this statement i'm full view of the posi-
Die CONSEQUENCES. 1t was no slip Of
the tongue. II was not done incidentally
as am Illustration Of some other point.
but seriously and knowingly He did
Il after much deliberation. He recited
the several verGicts that might be
brought and commented on each one of
them.
They say that It is a cold-blooded
murder and that il was deliberate that
HcahrOok was lying in wait; that is
how I understand their position. So be
II. We take up the gantlet, we accept
the challenge So you have but two
verdIcts 20 consider now. He is either
guilty of murder IN the first degree or
he iS Innocent
This is the bold stand OF the defense.
Though there is possible verdict Of
murder in the second degree voluntary
m3nslaughter or Involuntary man
slaughter. they are discarded.
County Attorney Putnam and his as
sIstaut, Mr. Van Colt. who have al
ready spoken. have made little refer
enCe to the boys Dcolau or Hume They
practically abandoned these witnesses
iu their speeches. for they did not put
FORM the evidence given by them as
the basis of their arguments They
seemed t0 use more the evidence of
Albert O.. Morris and the police officers.
THE testimony of the hoy Hume was
hardly referred to- at an. and that of
Io'lan was spoken of very sparingiy.
Only Arguments Yesterday.
There was nothing but argument
yesterday. There were four speeches.
or rather four and q half. They were
delivered by Judge Zane for the de-
Tense County Attorney Putnam for the
prosecution and Attorney Rogers for
tn- defense. who was followed by Judge
towers. This speech of the leading at
t"rnay for the defense was not finished
u win likely not be finished until 4
O'Clock this afternoon Il is thought
that Judge Powers win speak at least
SIX hours. which viii Dee one of the
longest OF it's kind ever made in the
courts oft Utah
boo order 90 expedite matters. a night
Session was held and at it Judge Pow
els began his remarks
To had become known during the day
tina, ha Was to address tine Jury during
me evening. and as % result there was
a tremendous crowd iu the court room.
N''.i neiHi. I'D either ;he Mills case or
aJ amy other time during this case has
'.'. been such crowd i'm the court
room Crowds stood at the open door
ways Ir the hall. unable to see the
sl'aa.~ the judge. the jury. or the de-
l'AdaN. but they could hear the at
,'."t\ .ud they stood about for hours
4>.'nH- -r him. There were as many
women TOD OBJ. crowd as men. They had
come early uua ~-.Ured the front seats
e't CI..f- ana benches which kindly
b.llits 1. brought iu
The first speaker or the dav yrae
a..-E