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


nearly all in Few more witnesses On
Importance are yet TO be called and
these have no important testimony
against him. The evidence on which
the jury must found its verdict so far
as guilt is concerned practically ended
yesterday afternoon with the testimony
of Albert c. Morris. the cousin Of
Burton C. Morris.
There is yet Miss Leda StromberS,
whom the prosecution does not want TO
call. but whom the court viii direct the
states attorney 70 produce. She viii
likely appear on the witness stand to-
day. But though called by the prose
cution and in theory the prosecution
witness. she has testimony which is
largely in favor Of the defense. Her po-
sition as a witness is rather peculiar.
Under the direction of the court she is
brought forth as a witness for the pres
ecution and according TO a theory Of
the law, for the applica ton OF which
there is seldom a necessity. she may De
cross-examjned by the prosecution az
we'll as by the defense. But this SAME
rule bars the defense from impeaching
her testimony
Inc prosecution dIltulDlEu 10 4uIcE
the defense TO call her as a witness Of
the alleged rage and the threats Of
Burton c. Morris. to show BenbrOOk's
danger and consequent justification.
Had the effort been successful an at
tempt to destroy her reputation might
have been tried. Now it is barred.
The case against Benbrook consists
chiefly OF TIE testimony of officers
Chase, Eddington- Steve Keene, John
Hume and Robert o. DOOlan and Albert
c. Morris, given yesterday. There are
other witnesses but it is upon these
that the case viii rest, unless the state
springs new evidence heretofore IN
heard Of.
Robert o. Doolsn, the boy who de-
clares that he saw BenbrOOk fire a
shot into Morris PROSTATE body and
who contradicts officers Eddington.
Chase, Steve Keene, John Hume and
Albert c. Morris, was on the witness
stand for three hours or more yester-
day His testimony varied in some
particulars from that given on the pre-
iminary examination He said on cross
examination that after reading over MS
previous evidenee he had decided TO
change some OF ii. He said that his
brother told him that he got mixed up
st that time be eause he gave figures
as to time and distances and directions.
To Abandon Mathematics.
"Yor have decided then 10 abandon
mathematics in this case. asked Judge
Powers.
Yes" said the witness.
Albert C Morris, who followed Doc
Ian and in whom County Attorney Put
nam said in his opening statement he
had no confidence, gave VERT clear and
concise evidence. Cross examination
which, however, was not severe. did not
bulge him. He fatty contradicted
John Hume, the messenger BOY. and
Robert O. DOOlan, declaring that nei-
Their OF them was present at the time
he said he was on the spot.
The other witnesses of the day We're
Miss Mana Witbeck and Miss Emma
Mathiesen or rather Mrs. Roy Daniels.
. They, expecting severity from the de-
Tense, were dealt with leniently. and
( became the humorous features of the
day. Upon cToSs-eXaminatiOn. Judge
( Powers drew his chair far out Of the
way. giving Attorney Rogers. who is al
/ legged to be better looking and who is
more debOnair than the Judge. an cp-
portunity to charm them with his sang
fFoid and 20 fascinate them with the
brilliant blue-tinted diamond Of his
shirt bosom.
Testimony of Doolan-
/ Robert Doolan said that he was on
/ the sidewalk in front of the Merchants
( cafe when he heard the first shot fired.
/ be heard the second before he got to
! the foot of the stairs, the third was
/ iired while he was on the stairs going
/ up, and the fourth and last after he
/ mad gotten into the room.
/ AS he started up the stairs there
, were two persons in front of him. one of
them being Albert Morris and the other
( the messenger boy. John Hume The
/ flrst TO enter the room was Albert Nor
ris.
When I got to the door" he said,
! the room was filed with smoke. but
/ mat aid not interfere with my seeing
] the objects in the room. There were
{ three men in the room at that time. 7
( cld not know any of them one was
! lying on the floor the other aSJri5e
| him; the third was in the southeast
! part OF the room and was walking to-
wards the men that were struggling.
! Inc one that was lying on the floor was
on ms left side The man who was on
| top OF him had his gun pointed at the
| man who was underneath him. and ne
/ fired
| The messenger boy went into the
room before l did. l Immediately fol-
] lowed him, and then two officers fol-
! lowed me. I heard Benbrook say.
/ W nose gun is it?' or something to that
effect and heard Albert Morris sa=.
You are liar: il is your gun. Then
| an officer took BenbrOok out into the
| hall. Burton Norris turned over en- his
/ stomach Just after the last shot had
/ 6een fired. Afterwards some one turned
him on his back.
After the last shot was fired I saw
| Benorook raise the gun as if to strike
out ana not see him strike. Burton
] was dead before left the room. There
| were several who came into the room.
put did not know any of them. / did
| not see keene come into the room.
/ ana not see anything in Albert Morris
/; nahds, and did not see any other gun
I there- l saw none but the one Ben
brook had
As to Previous Evidence.
On cross-examination he was asked il
ne Rad not testified on the preliminary
examination that he heard three shots
ana an echo, and answered that he
thought probably the last shot might
nave been an echo. When asked if he
had read the newspapers on the morn
ing after the shooting. he answered
no; that he only remembered Of having
read the headlines. He did not read any
account OF IL at all. 1t was suggested
mat ne had gotten the echo idea
from the newspapers. but he still held
20 ms nrst statement that he had not
read any newspaper at all.
| he said when ne got to the head OF