The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-07

first came in?"
I did not"
Did you see any other gun there?"
'Ilsaw no other gun
DO you know that he did not use
any gun during the struggled"
I did not see him use any gun
Did you feel any gun at all during
the struggle?"
mo, sir
when you both went down the first
time. where did you fall?"
over near the window"
Which got up first?"
I'VE both got up the same time All
the time we were down he still had
hold of my throat: he had had hold of
it and was choking me all the time We
had been struggling
You had the gun in your right hand.
and he had hold of your throat, did
you reach the gun around so as to
shoot him in the left side2"
Il do not know"
Benbrook Answers Vaguely.
Did you take the revolver in your
left hand so that you could shoot him
in the right side?''
Il cannot explain how ii happened to
go into his right side"
Did you fire at his head f1rst?"
mo, sir"
do you know when you pulled the
gun out Of your pocket?''
No. sir"
Did you pull it out before you fell?"
Il do not know"
Did you pull it out before he had
hold of you?"
Il do not know"
You do not know much about this
fight, do you?"
Il know just what have told you"
You say you were struggling after
you got up?"
Yes. sir. He had me by the wrist
or the hand somewhere. 1 do not know
where. We were swinging around the
room in some way. l do not know
what position we were in"
Did you strike him al that time?'
4 did not; not that 1 know Of
How did he get down, do you
know?"
I'VE both went down together"
Did he not fall first. and then you
jumped astride of him and began strik-
ing him?''
Did he have hold of you after he
fell the second time? Where did he
have his hands?"
Il cannot say in what position his
hands were
Did you not know then that the man
was dead?"
Il did not know that he was dead
Did you know that you were strik
ing him with the gum"
Il did not know what was doing. 1
thought was defending myself during
all the fight"
Didn't See Albert Morris.
''You have seen Albert Morris here
in the court room?"
Yes, sir: I know him by sight
Did you see him in the building be-
fore the fght?''
mo, sir; 1 did not see him there at
all. or at any time"
do you remember of his trying TO
take the gun away from your
I do not remember. no sir. The first
1 remembered was when the policeman
grabbed it,
What did he say2"
HE asked if it was my gun. said.
1T is not my gun. 1 do not know any
thing about it, or something to that
effect. 1 do not remember the exact
words"
What made you say that you did
not know anything about it, you"used
the gun. didn't your
Yes. used it, but don't know why
I said that"
'You had been defending yourself. Of
course, so when he said whose gun is
it, why did you not say that it was
Keene's gun. that he brought it up to
your"
''Keene did not bring it up to me-"
What made you say you did not
know anything about it. why did you
not say that you used the gun in self
defense?"
Il do not know"
rs it true that you said I did not
use it?'
I do not remember of saying that"
You said it because you were afraid
Of being prosecuted weren't your
81 never thought Of that"
Wasn't Drinking Much.
When asked if he had been drinking
that dav. he answered that he had not
been drinking much. He did not re-
member how many times he had drank.
Said he had notf been drinking heavily
in the morning between 3 and o'clock
In answer 10 the question as TO where
he had been that day he stated that
early in the morning he had been 70 the
Merchants cafe. He was asked if he
had gotten into a hack at the Vienna,
but Judge Powers objected to this cues
ton. Senator Brown said he asked Il
for the purpose of finding out whether
or not he was drunk at that time that
is the morning of the shooting. He was
allowed TO proceed.
AT that time were you under the in
fluence of liQuor?"
NO sir"
Did you have the hack driver drive
to the Sheep RSzleh?''
Yes, sir"
And at that place did you not arm
yourself?"
4 took my gun out Of the safe, in
tended to go away that night and
thought 1 would take my gun"
Did you not shoot your gun at the
hackman when at the rear OF the Mer-
chants?''
DO you know who the hackman
WASP"
Were there two hackmen on the
box?"
yes. sir"
Did you not have some trouble
about the pay?"
Yes: when I asked them how much
I owed. one said 81. ! said that 1 did
not want to buy the hack. and the
other said 81 is enough"
You were in the Gaiety saloon that
morning: what did you drink there2'
I drank a glass or two of beer
did you shoot the gun off there?"
Il had it out looking at il, and it
went off accidentally"
Didn't you have trouble with Busby,
the bartender"
mo. sir; have never had a word
with him.
Sometimes Gets Drunk.
ION this drink question, do you
sometimes drink much?'
Il do not know that do"
do you get intoxicated"
Il sometimes am under the influence
of whisky
do you sometimes get so intoxicated
that Won do not know what Won are