The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-08
Mr.. Putnam's Address.

HpN dangerous anu HOW cuidBSC lie
was and in what great danger Ben
brook was"
Mr.. Putnam's Address.
County Attorney Putnam did not
make long address, He was very Sc
we're in dealing with BenbrOO1, his life
and character. He spoke of BenbroOks
statement to Keene that Morris was
bothering him.
Il take it," said he, that bOtnering
Ben rock at that time was doing or
saying anything that did not agree
with his particular mood. That, gen
tlemen. is a sidelight on this case which
l would ask YOU TO remember.
We have heard BenbroOk's life. or
part OF it, from himself, and we don't
know how much Of this may be true.
We have not investigated his life, for
we would not have been permitted to
introduce this testimony or contradict
his statement, for that would be
against the rules of evidence. Then
there are certain other things which we
would not have been permitted TO bring
out. His trouble with the hackman
and in other places on that afternoon.
Then he has cOntradicted himself.
He said that he went 20 the Sheep
Ranch to get revolver and afterward
said he went there to get money to pay
some debts before going to San Fran
cisco. Then how absurd is his story
tnat he went to Stones home at }
o'clock in the morning with a CUR to
help him pack his shirts for a trip to
San Francisco"
Mr.. Putnam indicated that had he
been permitted by the court during the
evidence in rebuttal he would have
brought out remarkable adventures Of
BenbrOok on the night before the shoot
ing of Morris He would have, he hint
ed, shown that Benbrook not only
killed Morris on that day, but before
this he tried to kill Billy Soils. the
hackman; Busby, the bartender at the
Vienna Royal and Stone, the tailor
Rogers Makes a Plea.
Attorney Rogers followed Mr.. Put
nam. He spoke for an hour and a half
during the afternoon, and then Occu-
pied almost an hour during the evening
before Judge Powers began.
. At the beginning he went over the
I defpitious Of murder in It's two degrees
ana of manslaughter in its two forms.
voluntary and Involuntary, and he told
of justiiiable homicide.
But" he exclaimed, Il understand
that it is the position Of the county at
torney that this defendant is guilty Of
murder in the first degree, or not guilty
AT all. l understand that is his posi-
ton. and the position of his assistants.
lie throws down the gantlet. We take
il up, We accept the challenge. We
are willing to meet him on his own
ground. Though there are six possible
Verdicts of guilt in this case we ask
you to throw out ali but two. There
are but two verdicts for you to consider
they are but murder in the first de-
gree or acquittal, and we want one of
them.
The county attorney has followed a
peculiar method in this case. He says
that certain witnesses are false: then
he picks parts of the testimony which
agree with his idea of the case de-
caring that these are true and on them
ne wants to convict this man. He
stands here and says that Keene and
Miss Stromberg have testified falsely.
Then he undertakes to prove Keene
false because he didn't agree with Miss
Stromberg. Later on he wants to prove
her false because she does not agree
with him.
Under the law John H. Benbrook
had right TO get a gun. to send for A
gun and to remain in that room-as
much right as 70 remain in his house.
lie was not required to run away. He
had a right to stand his ground"
When the leading counsel for the de-
Tense came before the jury there was a
movement in the audience, which show
ed that il was settling down for an in
tellectual treat. Judge Powers started
OF easily and slowly. and became elo-
quent as he proceeded. He stated the
o1ense against Benbrook. and spoke
OF 1t as the gravest known TO the lew.
he said that murder was divided into
murder in the first degree, second de-
gree and manslaughter. the last of
which was divided into voluntary and
involuntary manslaughter He went
into detailed definition and explana-
ton Of elaboration. generalization and
malice and the lack Of these which
made uD the various degrees Of the
charge of murder.
Murder in the first degree" said ne.
'is perpetrated by poison. lying in
wait. or any other kind of willful DELHI
crate and premeditated killing, or COM
mitted in the preparation, or attempt
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