The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-10

Z
speak of Powers as Orlando White
wash Powers.
Now, 1 tell you that if Keene
thought much Of those threats Of Nor
ris, if he thought he meant them, he
would have gone to Benbrook and said.
'4ou get out Of here He didn't mean
much by his threats. Not so Benbrook
lie didn't do any talking. He
didn't talk through. his hat;
he shot through it."
There was a laugh at this. where
upon Judge HIles threatened to clear
the court room if it occurred again.
and stiffness reigned, for the courts
finger seemed ominOus.
Senator Brown did not deliver the
kind Of a speech the audience or the
defense had expected. They thought
he would launch forth in a terrible IL
rade against BenbrOok and against
gambling in general. but he didn't do
so. He was mild and gentle in his Ian
guage compared to the methods of
most prosecuting attorneys.
Judge Hiles' Charge.
The delivery of Judge Hiles' charge
was amid intensity and pathos. A
crowded court room, damned in the
aisles. standing, crowding and pushing
toward the bench where the court
spoke in a low and almost inaudible
tone Many lawyers who had come to
hear the charge crowded about the
bench and listened to every word. Peo-
pie in the audience beyond the railing
could hear nothing. for Judge Hiles
spoke rather indistinctly. His voice
was very low, due probably to his Sc
we're toothache and ulcer, from which
he has suffered in the past week. In
fact, Judge Hiles has shown almost
superhuman patience in this case. for
while suffering fearfully he has persist
ca IN con inIng and in s ening to .ong
and wearisone arguments OF counsel
on hair splitting and technical propo-
sitions.
As Judge HileS read the jurors leaned
forward 10 eaten every word. showing
much more interest than they had in
even the most sensational testimony
IN the case. The noise out in the au-
dience grew so loud that the judge. to
make himself heard. left his seat and
took the witness stand. that jurors
might hear more distinctly. unObserv-
ed, however, by most of those IN the
court room. Mrs. BenbrOok, realizing
that the end was nearing; that her
miserable vigil Of three weeks was al
most over, and borne down by anxiety
and nervousness, could stand the
strain no longer Her handkerchief
went 10 her eyes and she wept quietly
and softly as Judge HiIes' even low
and sympathetic voice read on. There
was nothing in the instructions to
cause her trouble. It was merely. the
terror Of impending doom, the fear. the
suspicion, the fleeing moods of hope
and doubt, that had overcome her. But
she recovered. She made no demon
stratiOn.
Back OF her sat Burton Morris sis
tiers and his brother. They. too. We're
strained and flushed, realizing that
they were spending their last day in
court. The defendant seemed worried
once or twice, but it was evidently
through a misunderstanding OF the
technical language of the charge. He
bore no trace Of fear or great anxiety
on his face. The same even cOunte-
nance which has carried him through
varying trying moments Of this case
was as sphinx-like as ever.
As Judge Hiles read on the noise
near the entrance to the court room.
where there was a jam of men and
women, sweltering and smOthering. be-
came so great that even the attorneys
could not hear the voice Of the Judge.
Then ne ordered that all persons stand
ing IN the aisles should be removed.
Four deputy sheriffs crowded and
pushed them out into the halls. and
then cleared the corridors
Sheriff HOwells and a woman SPEC
tator, who made some objection TO
leaving the audience, had quite a war
of words at the door She didn't want
to 20 out and some force had to be
used in urging her to leave When
the judge resumed he came over TO the
witness box and the attorneys and
others crowded about
Charge Was Lengthy.
The statement of the judge was quite
lengthy. He had written twenty-five
paragraphs. which were supplemented
by nineteen paragraphs of the defense
and several from the prosecution. At
ter he had defined the charge in a gen
eral way, giving the facts from the
information on which the defendant
was tried, he told Of the plea OF not
guilty which had been made by the
defendant. Then he defined malice.
1.-.-@ IL.