The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-06

I N0iNDSAS . was WAXING NHcu ne N1illC
/ 10 call him at keene'S request. It was
three or four minutes before he heard
the shots Justice McMaster, who act
ed as coroner at the inquest, identified
the clothing Of Burton c. Morris. De-
tectlVe Sheets was called TO tell of his
arrest of BenbrOOk- Steve Keene was
called, at the instance of the defense.
ana asked as to whether or not Miss
Stromberg had said, when at lunch
earlier in the day at the Merchants,
that she wanted 10 see BenbroOk. He
said she told him to tell Benbrook that
she wanted TO see him. He also said
that at the time he first saw BenbrOok
prior 10 the shooting. the defendant
was excited and frightened He said he
had not employed Mr.. Rogers nor any
one else 10 defend himself
j. q. Dwyer, who was employed as a
clerk IN Morris store, testified TO haY-
ing received the note from Miss Strom-
Derg- Morris was not apparently dis
turbed by it, and waited some I'VE min
uteS before starting down the street in
the direction Of the Merchants cafe
he mad never seen Morris with a gun.
AT this point the prosecution rested
ana Mr.. Rogers arose TO make his open
ing statement The people of the
crowded court room instinctiveIy knew
tnat they would hear much concerning
the case which had never yet been pub
hshed, and every neck was craned TO
catch each word.
We are entering upon the third
week of this trial, and as it is usual to
make an opening statement, the coun-
sci Tor the defendant think ii is their
DUTY 10 state few facts of this case
which ara fair and clear" said he.
BenDrook is standing here accused of
d helnouS crime-murder in the first
degree. He is accused of taKiI the
life OF Burton c. Morris on the 18th of
July. His defense has been apparent
from the moment the first witness was
placed upon the stand, and that de-
tense is that which is given to every
one by God, the right of self-defense
and this defense Mr.. Benbrook stands
upon.
Putnam Is Criticized.
! I do not desire to be offensive at
: all, but 1 do desire to criticise Mr..
Putnam, the county attorney. I say
to you gentlemen that I criticise him.
, but perhaps not so much as his assist
) ant, for the opening statement which
was made in this case, because on the
) preliminary examination these wit
| nesSeS were sworn to tell the truth. the
whole truth. and nothing but the truth
They gave their testimony and were
examined at length"
Attorney Brown objected to this with
2 Vlgor, bur the court permitted Mr.. Rog-
, ers to proceed. Judge Hiles said that
, he had right to say whether or not
the statement was as complete as il
, should have been.
5 This testimony was written out and
: hled IN the records of the court II
was within the knowledge Of each OF
these gentlemen as to what had beer
said Yet you gentlemen are told by
the prosecuting attorney that the state
2 did not propose to call eye-WitnesseS
did not propose to let you gentlemen
, of the jury hear the testimony of al
I the eye-witnesses. You, and you alone
; are the sole judges Of each and ever
{ witness that testjfies. and Of the weigh
: of these witnesses testimonies. AnC
: these gentlemen think that they VII
! pass upon the weight of the testimony
{ The court has required that all eye
: witnesses be placed on the stand, anC
4 went so far as 10 say if the state woulC
: not examine them, that the court itsel
. would This evidence shows beyond {
shadow of a doubt that this defendan
standing here did exactly what am
other man would have done under tn,
! same circumstances. We are sitting
r here today as critics. We are review
e ing calmly and deliberately event!
I which occurred within a twinkling Of
{ an eye. In view of this question, I ash
! you to put yourself in the place Of thu
[ defendant; look at ii with the sans
a eyes as 1t appeared TO these witnesses
y Miss Stromberg, Mr.. Keene and others
e | do not refer 10 the boy wonder. Doc
: Ian. He is simply laboring under al
. hallucination; he has been reading
: dime novels
y 1t is not a requirement of law tina
4 a. man accused of a crime like thi
: should go upon the witness stand ant
give testimony in his own behalf. ant
. the jury IS not allowed to draw an!
5 differences from his failure TO go upOl
: the witness stand. 1t is unusual in tn
e trial Of criminal cases for the defendan
Y TO go upon the witness stand. But il
> this case he will go upon the stand ant
take the oath TO tell the truth, and a
a witness speak the truth, and tel
what occurred in that room upon tina
4 night. 1t is not different in any ma
D terial respect from that which ha
! been told by other witnesses in thi
! tragedy"
t Story of Killing.
= Mr. Rogers went on at some length
to tell the story Of the killing from hi
4 point Of view. He described in OutIin
and with dramatic fire the struggle be
/, tween Benbrook and Morris, declaring
: that the former, fearing he was gOinl
+ to be killed. shot until he thought tn
4 weapon was empty. This statement
r given later on by the defendant him
Z self, is more complete.
! The defense offered all the papers il
the case, including the records Of tn
preliminary examination, and claimet
that the exam ming magistrate having
e held Benbrook for manSlaughteT. tn
a county attorney had no right to file al
-.
, III the hrSt degree. But the court dit
: not listen favorably to the contention
J General John Q. Cannon, who hat
I been lieutenant colonel of troop !, Sec
: ond United States cavalry. TO whicl
: Burton c. Morris belonged, testifie
that the dead man was we'll developer
and clean-limbed. The court would no
> permit Attorney Brown to ask Genera
4 Cannon if Morris was quarrelsOme. a
n it was not considered proper cross
o examination.
|. Charles Smelzer, who was a membe
4 of troop 1, and who is an employee o
q the Sheep Ranch, said that Morris wa
y finely developed, was muscular and ha.
: been foremost in athletic sports anon
3 the troops.
e A. G. Mckenzie of the Tribune. for
q merly a member of troop I, said Morri
= was physically the best man in n
1 camp.
: Captain Samuel Paul, chief Of polio
in '99, '94 and '95, said that Benbrook'
reputation for peace and quiet wa
good. He had known Benbrook 70
several years in his business. AttOrne
Brown was not permitted to ask if b
q knew if BenbrOok had ever shot a
anyone else. The court ruled that hi
knowledge given must be confined {
Il that gained prior TO the killing o
c July II.