Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-09

tered the room. there was divergence
between his story and Ieda's, and the
difference consisted In those Things
which Il was necessary for Benbrook to
introduce In order to build up his de-
Tense.
THE SECOND NOTE.
II the second note to Morris. telling
him TO come down al once, was written
and sent, that would explain why Nor
rls went down and OF course the de-
PENDANT denied that II was written.
How was II that BenbroOk and Leda
met there? What business had he
there. with that woman, away from
his wife and family? He had no bust
ness there, he had no right TO be there
He was there too. as an interloper. He
was taking from Burton G Morris
something that belonged TO him.
ROGERS cHIvALRY.
Mr.. Rogers, in his brave. chlvalrous
spirit, had imagined a case Of his being
in a restaurant with a lady, and he
would kin everybody before he could
be driven out. But Mr.. Rogers didn't
imagine In his case any improperly and
would never dine out with such a
woman as Leda stromberg, so his Illus
tratlon didn't apply to this case.
Miss Slromberg testified that the sec
ond note TO Morris. which she said was
not sent, told him 10 come to the res
taurant, that she was waiting for him.
Benbrook testified that no such note
was written. and at all events, nothing
was said In the note found on Morris
body about coming down. Neyerthe-
less. when Morris received the note. he
knew right where 10 go. The defense
was Inclined 20 think that Albert G.
Morris informed Burton c. Morris by
telephone, but In this they were dying
In the teeth Of the evidence.
WHEN THE QUARREL BEGAN.
What a scene was presented TO Nor
ris when he entered? There was the
woman he loved, the woman he had
tried to talk to about marriage, sitting
there cheek by jowl with that gam
bier with the drinks, and food
before them. II he had pulled out his
revolver and shot him, and Powers had
been called upon to defend him, he
would have shown the jury that Morris
was suffering from emotional insanity.
He would have argued that the right
arm OF the lover was Joves thunderbolt
and he would have been acquitted in
FIVE minutes. He would have been ac-
quilted II Judge Powers had defended
him. A blow wouldn't be out OF place
at all. Benbrook knew II. He knew
he was in the wrong. He didn't stand
up and says, This is my castle. You
D -
had no right to resort 10 deadly weap-
ons because Of that little assault there
made upon him,
When Benbrook left, Morris didn't
follow him up. The incident ended with
BenbroOk's retreat. In the hall, the de-
PENDANT met Keene and DAILY. He didn't
ask them 10 go back into the room with
him. so hat he could assert his rights.
When he went out Of room 3, there
was hatred and malice and revenge In
his heart. and his thought was to get
o gun. and use It to insult. humiiate OF
kin Morris. The story Of Keene and
Daily rushing up and meeting Ben
brook, of Keene sending DAILY down for
a gun. was necessary TO the defense lie
got the gun and planned this murder IN
the way he did In order that he could
set ND the plea Of self-defense. That
plea would not stand, because the self.
defense was not In good faith.
HOW THE SHOTS WERE FIRED
At Senator Browns request, Assist
ant County Attorney Van Colt put OF
! Inc coat and vest worn By Morris or
! the occasion Of the shooting and show
| ing the bullet holes The intention wa.
| 10 show that the fatal shot could moi
| have been made while the men Wer'
! cllnched. facing each other. Senator
Brown, after considering everything
| brought out since the preliminary. wa!
| willing TO abandon his former theory
that Morris held the hat in his hand al
| he advanced TO Benbrook. He accepted
| Judge Powers theory that the hat wat
on Morris head The theory Of thu
state was that when Morris came into
the hall. Benbrook fired at him, IN,
bali going through the hat and into thu
wall. Then. as Morris rushed towards
him. he shot again and inflicted th'
mortal wound. After that Morris per
! haps got him by the throat, tore OF
the necktie and so on, but IL was
weak struggle. When Bepbrook ha'
fired the third time, and Norris was OF
! the floor. Benbrook perhaps stood Owe
him and pulled the trigger but the gun
did not go of If he did. II was this th'
Doolan saw At all events, Doolan thei
saw what every other witness Their
saw-Benbrook beating his victim owe
the head In the language of the stat
ute. the circumstances attending TN
killing showed an abandoned, a de
PRAYED and a malignant heart j
| showed what might be expected from
man OF his occupation in such a strug
gle. II showed what they might ex
pect 10 see again aud again II this maj
were allowed to go free
BENBRooK's CRED1BILITY.