The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-01
STATE CHANCES FRONT
IN The BENBROOK CASE
Ieda SrOmberg and Albert c. Morris viii Not Be
Called For Prosecution.
This Was Developed BY County Attorney PutnamS State
ment-AttOrneyS For the Defense Raise Nice Point

The states attorneys in the Benbrook /
c,sa have assumed a most unusual and
,,Devnected change Of tactics, a course
(which many attorneys look on with
sIrDrise when they consider the ac-
csnfe5 course of conducting prosecu-
tfors There is no doubt that attor
rovs for the defense are astonished
Of the proposed course of the state.
Rut though amazed at the opening
statement Of County Attorney Putnam
in the case. Attorneys Powers and Rog-
sr.s were not taken unawares. Quick
as q flash when the county attorney
undertook to discredft in advance the
testimony Of Leda Stromberg and Al
bert c. Morris, who have heretofore
been looked on as witnesses for the
state the two attorneys arose with We
b,uent objections. To the surprise Of
everyone. the county attorney said he
would not call these witnesses.
Thus law questions curious and un-
usual in criminal jurisprudence have
suddenly arisen, and the case may 70
d great extent rest upon Judge Hiles'
construction of the statute. Attorneys
for both sides are pleased that they
have so able a jurist as Judge Hiles to
settle these questions for them.
The testimony in the case began yes
terday, for the twelfth juror was
found in ex-Police officer William +.
Carey, now a mining and real estate
operator. The county. attorney made
tine opening statement, which was al
most sensational. and several witnesses
were called and examined.
Fresh Talesmen Examined.
In answer to the special venire of
eight, these men appeared and We're
examined "a 10 their statutory qualif-
cations: Theodore w. Whiteley, Charles
Williams. James II. Cox, James Kemp.
William +. Carey, Richard L. ColbOrn
and Robert Cameron.
Judge Powers objected to the exam
nation of these men until James w.
Campbell. who had been on Venire No.
s, was produced in court and examined
His objection was OVerTuled and ne
took an exception
Theodore w. Whitley. a merchandise
broker. who is a neighbor of the county
attorney had imbibed ideas concerning
the Mills homicide case, which the at
tOTueys for the Cefense didn't like.
Yes. i was most emphatiCally dis
pleased with the verdict in that case"
said he. in answer to Attorney Rogers
question. He was challenged for
cause and excused.
James II. Cox, a salesman at the
Coop Wagon & Machine company,
who said he was a Mormon elder had
a fixed opinion, so he was excused.
hr-sr l. "a
Councilman w. J. Tuddenham, like
wise had a strong opinion, which
ca 'ed him to be excused.
james Kemp. 50 years Of age, a farm
or for twenty years in Crescent. who,
when he first came to Utah direct from
England. many years ago, had lived
ON the present site Of the county and
city building, was an unconscious hui
morisL he didn't know anything about
the Norris family, nor the BenbrOoks
DO you know what this case isl"
asked AR Rogers.
No sir; I just heard it was a shoot
Ing Scrape"
DO you read the papers? ."
No. SIP, not in thu summer time"
Why not in the summer time2"
u don't have time to read them.
taAe . -eul-weekly paper in the winter
time"
Are You member of any secret
SocIaty?r
Yes. sir"
What is ito
The Mormon church"
There We're a good many persons in
'ae court room who didn't know the
'llr0h was secret society, and they
smiled n storm starter who was pres
en-. srinnei Us If q great secret had
Suddenly been exposed.
Yes. 1 would just as soon take the
E..t ~ gambler as a farmer. if I
l.H know nary one Of them, was
another of his observations. which
I-'- some merriment.
"A Gamblers Luck"
-uu Judge Powers did not like Mr..
A.rn ass juror. There was very
s-.ls- discussion though, before the
a'i r.-emT,0ry challenge Of the de-
,-.s. was exhausted on this talesman. /
I'el. as desperate chance on a
'.r risfact1ry name being drawn
.a The box. Kemp was challenged
i-emnr1rily
TO Oh. relief or the defense. William
= Carey was drawn. The defense had
'-a. Gentle. and it caught him ,
..tEEtIndiD- that of four names. in (
l.N three were M0rmons
4 Gauhler's luck" said an attorney
.' understood the chance that was /
Nr- ken