The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-19

In support Of a motion for a con-
tinuance Of the Benbrook trial, made
in the district court yesterday morn
ing Attorney l. R. Rogers presented
an affidavit which contains the sensa-
tionaI accusation that Mana Witbeok
and Emma Mathieson were practically
spirited away from Salt Lake by a
witness in the case who has been sub
pocnaed by the prosecution. The name
Of the person is not mentioned. but the
act constitution a fracture of the
statutes and great surprise was ex-
pressed among people interested ia the
case that no steps have been taken
to punish the offender, though it is
evident that his identity Ia and has
for a weak past been 10 secret to the
officials.
County Attorney Putnam has said
that he does not know what viii be
done in the matter, and it is freely as
serted among the attorneys tEat an eff
fort is apparently being made TO
shield the person who induced the girls
to leave before the trial.
Other AfHdavits.
The motion for a postponement was
LII AiAtt RtOlltu Dt = QEtL8tAlOu from
S. l.. BenbrCok, a brother of the de-
PENDANT, who asserts that c. NJ. Jack
son can testify that there were too
guns in the room at the Merchants
Cafe just after the shooting.
COunsel's motion prevailed. finally
and Judge Eorrell postponed the hear
ing Of the murder trial until Feb. 10.
Accompanying the petition were af-
f1davits sworn TO by Attorney l. R.
Rogers. S L Benbr0ok and Dr.
Bower TO the effect that ender the
circumstances st would, 5 impossible
to proceed with the tTial ~ Monday
with airy degree Of faiFl=-sz and 11i-
Partially towards the defendant, John
H. BenblOOk, owing to the absence of
material. witnesses and the present
state of health Of Judge Powers.
The affidavit of L. r. Rogers set
forth that the case for defendant
would be materially hampered by the
absence Of Mana Whitbeck and Emma
Methiesson, who if present would
testify to the effect that they heard
and saw Burt Morris make an assault
upon Be1brOok in the Merchants cafe
JUS pTiNr to the tragedy and at the
same time call him vile and Obscene
namea and that they also heard
Benbrook call for a policeman to pro
Afiiant went on to state that the two
girls left Salt Lake recently and that
to the best of his belief, John Whit
beck. father of Mana Whitbeck, furn-
ished the money and travelling ex
pensas for the departure of the wit
nesSes for the express purpose Of keep
ing them from testifying at the trial
He says further that he is informed
that one of the witnesses for the state
in the case. furnished the money to
John Whitbeck for the above purpose
Attorney Rogers asked chat the trial
be postponed in order that the counsel
order to insure their attendance at the
trial or that their dispositions might
be taken to be used in evidence.
S. L. Benbrook's Affidavit.
Counsel then proceeded to read the
affidavit of S. L. Benbrook brother to
the man to be tried for his life, who
alleged that the defendant can prove
by c. N. Jackson that another pistol
was found Immediately after the af-
fray other than the weapon introduced
upon the preliminary hearing of the
case. As jackson is at present in
Washington, D. c., appearing as a Wit
ness before the senate committee on
elections and privileges, and that it is
his intention to remain away from
Salt Lake City for some weeks. aft
9nt states that If the trial be post
9ned until February the presence Of
is material witness viii be forth
ming.
The last affidavit read was that sworn
TO by DR.. A. s. Bower. which deposed
that he visited Judge o. w. Powers at
his residence on Jan. Il, and made an
exhaustive examination of the laNver,s