The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-02


the prosecution and forced il back 70
the course originally planned by the
county attorney. The second feature
was the testimony OF Messenger Boy
Hume.
The ruling of Judge Hiles was radi-
cal, for il concerns the root OF the
case. The court declared that it would
not only order all the witnesses in the
case to be produced, thereby including
Miss Leda Stromberg and Albert (.
Morris, but would require that they be
examined and cross examined. Ihus
the court Itself forces a change in the
case which the states attorneys were
about 10 present, and on which they
had actually begun with the testimony
of Steve keene.
County Attorney Putnam said on
Wednesday in his opening statement
that there were certain witnesses.
meaning Miss Leda StrOmbe-g and Al
bert c. Morris, in whom he had no con-
fdence, who would not be called as wit
nesses. His reason was that the state
could not rely on them. The attorneys
for the defense objected 10 the stale
ment as discrediting witnesses in ad-
vance, and the incident was passed for
decision The decision has declared
that witnesses must be called, so the
effort 10 prove merely a prima facie
case of murder must be abandoned.
The court has practically forced the
prosecution to provide a motive. COM
PEELED it TO explain the why" Of the
killing, as well as the how
Hume's Interesting Testimon-.
The testimony Of the messenger boy.
Hume, was given before a crowded and
GREATNESS court room, which listened
10 Judge Powers erOss-examinatiOn
sometimes amused and sometimes
aroused TO intensity. The jurors bent
forward and looked on in open
moUthed WOnderment while the boy
told again on cross-examination what
he saw and what. ne didn't see. For.
he and the boy DOOlin, are the two
chief witnesses Of the prosecution. To-
ward the latter end of the examination
his answers became almost invariably,
Il suppose So" or Il don't know"
Claiming to have been the first per-
son in the room Of the killing Re de-
soribed in much detail that he saw
Benbrook kneeling over Morris and
about 10 strike him on the head with
his pistol. The positions Of the two
men were gone into rather minutely,
and their movements related
You were cool. calm and not excited.
not the least bit frightened asked
Judge Powers
Yes"
You saw everything Benbrook and
Morris did2"
Yes"
Did You see Albert c. Morris grab
their hands TO get the gum
I don't know
Was he There -
You could have seen him II he was
there couldn't yOu2"
4 don't know"
Crowd In Court Room
There was a large crowd present in
the court room. 1t was almost damned.
Every seat was taken and the side
aisles filed, while the back aisle was
lined with women. Near the door two
women stood on chairs and GRAINED
their necks and peered over to catch a
word Of the evidence now and then.
The front bench within the railing was
filled with women, some young and
good looking, others gray and W0rr all
intent upon catching every line Of this
testimony.
During the afternoon Mrs Stromberg.
looking weak and wan. came in. while
her daughter, Miss Leda. waited in the
office Of the county attorney. There
waited. too, Mrs Roy Daniels and Miss
Mana Witbeck.
The first witness of the day was
Chief of Police Hilton. VINO told of
BenbroOks arrival at the police sta
ton, his actions and his appearance.
Judg9 Powers asked him as 70 whether
or not there was a collar among Ben
brooks clothes when removed at the
$50
next witness. Attorney Brown. follow
lng his plan of proving merely q prima
fac1e case of murder. asked Keene
about his carrying the gun TO Ben
brook upstairs. He avoided all refer
ence to the conversation he had had
with Morris, Miss Stromberg or Ben
brook In fact, Keene. who expected a
long direct examination, testified only
about ten minutes.
On crOss-examination. Judge Powers
started on a long list Of questions go
ing into the whole case. Finally AttOr-
ney Brown, declaring it was not proper
eross-examinatiOn, objected.
Broad Examination Directed.
"a most unusual course has been at
tempted here" said Judge Powers.
They have tried to conceal evidence
ana TO hide facts. 1t is not right to
attempt TO convict this man by con-
cealment Of evidence We demand all
the facts in connection with this af-
fair"
Judge Hiles Overruled Mr.. Browns
objections and directed the defense to
go ahead on the broadest kind of cross
examination.
Story of Keens.
II III
said:
took a gun, wrapped it in a nap
kin, and carried it upstairs and into
room / Mr.. BenbrOOk was there in the
room, and 1 gave him the gun and he
put IL IN his pocket. He said: Bert
MOTIFS is over there, and has been in
IerIerlng with me; imposing on me. I
GO not want any trouble but want to
protect myself
1 said that 7 would 90 and see Nor
RS and told him 10 stay where he was
went over to the room where Morris
was ana found Leda StrOmberg in
there With him. | said: Bert / do not
want 10 have any trouble in this house.
anu want you to leave here Upon
which ne answered: No, / won't leave:
am going to do the -- - He
Is a gambler and a married man; ] can
ana an going 10 do him.
said that I did not want any
trouoie in the house. but he started for
me door, and I caught him. and he re-
Pea1eo that he was going in there 70
uo MIN up I said, If you go IN there
where that man is you Will get killed. >
but he answered that he would drag
nm out and strange him to death.