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


At the conclusion OF Attorney
Browns ,cross- examination Judge Pow
ers asked Benorook a few questions on
redirect examination. He had the wit
ness explain his shooting affair in ella
county, Arizona "Wheh a deputy sner-
if there / went with posse 70 arrest
Marion Bagiey, who was wanted for
grand larceny" said the witness. '-As
was reading the warrant 10 him he
fired on me. He had said that ne would
never be taken. All Of US returned the
fire and ne was killed. / don't know
whose bullet struck him. I was shot
in the thumb.
CD. (-'Brick'D Geary. manager of the
Wasatch combination gambling house,
was called as a witness to Benbrook s
reputation for peace and quietness. He
said the defendants reputation was
good.
You don't think there are any dis
orderly gamblers, do you?" asked At
torney Brown on REORGANIZATION.
"Oh. yes,' said the witness.
DO you think gamblers are more or
DERBY than bankers or doctors?"
No"
More orderly than lawyers?"
Yes, than lawyers" Nhereat even
Judge Hiles, who was suffering agony
That concluded the case Of the de-
tense and Judge Powers announced that
they rested.
Colonel Theodore Brubaek was the
first witness called in rebuttal But he
was not on hand and Attorney Brown
was quite weight up over the matter
On Judge Hiles' suggestion he was tele-
phoned for.
In the meantime Mrs. Seldom 1. Claw
son was called TO state that the finger
nails of her dead brother were quite
long, which was for the purpose of
showing that there ought to have been
scratches on Benbrook's neck if his
story was correct. She turned on Judge
Powers with much emphasis when he
suggested that she had not made a
close examination of her brothers fin
ger nails.
Billy Soils, a we'll known hack driver
who carried Beubrook around on the
night and morning before the shooting,
was called TO state that Benbrook was
drunk and had shot at him twice back
Of the Merchants cafe. The court held
that the state was bound by facts ellie
tied on cross-examination on immaterial
points and sustained all objections.
Bruback on the Stand.
After Colonel Theodore Bruback, who
had arrived GREATNESS from his office,
told Of his having been at the Mer-
chants restaurant on the evening of
July Il, he was asked if he had occasion
to use room l and lock the door some
time before the killing. This was TO
show that BenbrOok, who occupied it
an hour aiterward, might have locked
it, too.
Z did not have occasion to use it,
said the colonel.
Did you not have occasion to turn
the key?" asked Attorney Brown with
some surprise.
No" said the witness.
Not at alp"
No. not ct ALL" said the witness
firmly.
On Judge Powers objection that this
was not proper rebuttal it was ruled out
and the colonel was excused.
Then attorney Brown wanted to put
in as rebuttal testimony the atfidavit of
s. L. BenbrOok in which il was said
that the defense hoped TO prove by c.
n. Jackson that Burton c. Morris had
a gun when he attacked Benbrook This
affidavit was made to secure a continu-
anee on Jan! Is. But the affidavit was
ruled out.
DR.. Bowers testified that man with
such a wound as Morris had would
cases cited TO him by Judge Powers
where wounded persons mad lived long
er, he knew nothing about.
Both sides rested with this evidence
and after some discussion about the
length Of arguments the court said that
he would fix no time limit
Assistant County Attorney Van Cott
made the first statement and he talked
for an hour. He maintained that the
reason why Miss Stromberg closed the
door of room and ran when Morris
went cut the last time, she did so be-
cause she saw g gun in Benbrook s
/ hand ready to fire on him. He also
claimed that Morris had on BenbroOk's
hat when he went into room l, and the
pistol shot was fired through its rim
as he came in the door.
This morning Judge Zane will open
for the defense. He will be followed
by County Attorney Putnam. Then
Will come Attorney Rogers. Judge Pow
[ ers and Senator Brown.
Judge Hiles announced that a night
! session would be held this evening. II
( is not likely that the case will go tC
the jury until Thursday afternoon.