The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-04

Did you see any messenger boys in
the hall at any time that night?"
NO, sir, did not"
Were you engaged to be married to
Burt Morris?' and the two sisters of
the dead man stared.
''No. SIR
Examination Resumed.
In the afternoon the examination was
resumed as follows:
How do you know that the second
note that you wrote to Morris had not
been delivered. There had been time
Tor IT TO be taken to him, had there
not, before he came to the room?''
Yes, 7 guess so. 1t was given to
the waiter about ten minutes before
Mr.. Morris came"
Did you testify that you sent for the
waiter and gave him the first note.
then followed him out in the hall and
took it away from him?"
Yes, sir
''The notes in some way got mixed.
and it was the first that was sent in
stead of the second?"
Yes, SIR
What became of the second note you
wrote?''
4 do not know. I have not seen it
since"
How did you come to change your
mind? You had intended to have din
ner with Mr.. Benbrook?"
When Mr.. Benbrook sent for Miss
Nlebuhr had not spoken 10 her for
several years. We were not friends.
And when found that she was coming,
or that Benbrook had sent for her,
did not intend to stay"
Did you say anything to Benbrook
after you wrote the note, at his dicta-
ton, that you and Miss Niebuhr were
not friends?"
II do not think that did"
She said she closed the door after
she saw Mr. Morris with his hands
raised and Benbrook with his hands
in the air. She did not hear what they
said. and after she closed the door she
did not hear anything more until she
heard the shots.
Heard Three Shots.
After I had closed the door" she
said, L stood for a second looking for
the key; could not find it; then went
over to the window, raised it. and
then was when I heard the shots. 1
went through the window and out on
the roos"
Here she was interrupted and asked
how many shots she heard in all. to
which she answered three.
Il meant to get out of the window
on the roof, and then to go through
some room of the restaurant, and so
get out, but I happened to get into a
saloon instead. tainted there. After
wards l heard some one say Morris
was shot L went up the back stairway
Of the restaurant, went to the door; 1
do not know who it was that was there
by the door; neither do 1 know what
was said The room was filled with
people. 1 did not see Burt Morris body
there. Then L vas taken home by
Albert Morris
Burton Morris was not armed that
night; that is, I did not see any weapon
en- him. I had known him for seven
or eight years. and for four or five
months intimately, and had never seen
him carry any weapons"
Upon being asked the contents of the
second note she wrote to Mr. Morris,
she said it was something like this:
why DO you not come? 1 am waiting
for YOU"
since this note was not sent. he did
not receive any note from you inviting
him to come to the Merchants Cafe, did
he?"
mo, sir
He came there uninvited2"
Yes, sir"
Just state whether you and Mr.. Nor
ris were together during the day or
not
Together During Afternoon.
Mr.. Morris and were together dur
ing the afternoon. We had seen Mr.
BenbrOok and Mr.. Keene standing in
the doorway of the cafe about $50 in
the afternoon. Before that Mr.. Norris
and 1 had been to the Lace House,
COINS Dry Goods store, and the livery
stable, where we ordered some horses
for the next day. Then we walked out
West Temple and Third South. back to
Main street and then to Walkers.
He finally LEFT, do not know exactly
where. Then 1 went to McDonald's
store. and to the postoffice. I saw Mr..
Mofris that afternoon at o'clock at
his store. He went shopping 18th me:
we went TO Walkers and to Brown &
Terry's store. That is all remember.
We were not in the Merchants Cafe
that afternoon. We were in the Vienna
Cafe. We wenc in and Mr.. Morris or
dered two mint juleps. one for each.
These were not good. and he ordered
two more. He had merely tasted the
first one. and I had drank but very
little. The second was sent back. and
a third ordered, Mr.. Morris telling the
waiter how he wanted them made
Chief Hilton, who was called again,
told Of a conversation between Ben
brook and NJ E. Mulvey at the police
station.
'Mulvey said, putting Benbrook's hat
on: That was a very close shave TO
which BenbrOOk replied: I had mar
row escape"
Thomas Holiday, Morris former part
ner, was called TO testify as TO the
sickness of the deceased, but it was
ruled out.
Victor V. Morris said his brother was
five feet nine inches tall, and said he
had the dysentery.
Attorney Brown suggested that he
might rest his case. but said finally he
might want to call some more witnesses
on Monday.
Judge Powers gave notice that he
would insist upon the prosecution call
ing Detective Sheets.
The defense had subpoenaed yester-
day several of its less Important wit
neeSes.