Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-01

BenbrOok. the two officers and myself.
There were no shots fired as We went
up nor were any fired after we went In.
Benbrook standing close to where Nor
ris was lying
on REDIRECT.
on redirect, the witness said that his
memory was perhaps a little clearer
now than It was at the time Of the
preliminary.
Senator Brown was proceeding to ask
some searching questions when Judge
Powers objected an the ground that Il
was crosss-examl1atlon Of their own
witness.
Judge Hiles ruled that In a case OF
this kind and under the circumstances
the prosecution was entitled TO ask
searching questions What Is wanted, -
concluded the court, is the truth. The
objection Is oyerruled."
'NOw go on In your own way" said
Senator Brown, and tell the whole
story from beginning to end.
The witness detailed taking the pistol
up to Benbrook In room !, the CONVERSE
tlon with the defendant, ana afterwards
with the deceased and Leda suomberg,
The only new matter was with regard
to seeing the two girls, Mana Witbeck
and Emma Mathies0n, when he went up
stairs the second time. They wanted TO
know how they could get out, and Wit
ness told them to 90 cnt the rear way.
when you went up frat. you knew
you were taking the revolver 70 Ben
brook"
YES"
"You didn't tell Benbrook that he had
to get out?"
20 did not"
But you told Morris be had to get
out?"
yes"
why was that9'
'Benbrook told me that Morris had
been imposing upon him and interfering
with him and that he didn't want any
trouble That was the reason why ]
told Morris he must go"
did he ask you 10 do anything for
him that afternoon?
Yes. he asked me 10 write a couple OF
notes TO Leda Suomberg."
TIE defense objected to this as not be-
ms sfoper fe.alrest examination
Judge Hiles overruled Il. and witness
continued that Il was about 3 O'Clock
in the afternoon when he wrote a note
for Benbrook to Miss Stromberg and
sent II by a messenger She was not
home and Il was returned and de-
stroyed About p. m. he wrote a Sec
ond note for the defendant and sent II
the same way.
This note" continued witness, was
a statement to the effect that Benbropk
was going to San Francisco the next
morning, and would like TO see her that
evening. A pair Of gloves was sent with
the note. Some time after the note was
sent, / saw Miss Stromberg and Burt
Morris come down the street together
did you see her afterwards come
with Benbrook 70 the restaurant
NO did not wait on them
"Do you say" asked Senator Brown,
that Benbrook appeared scared when
you gave him the gum
81 do"
ibid you notice him particularly
Il didn't make an examination OF
him. but couldn't help seeing him.
The answer called forth a laugh from
the audience and Judge Powers said
that at the threshold Of the trial, he
wanted to interpose an objection TO any
demonstration whatever on the part OF
the audience.
I'VE concur in that said Senator
Brown.
The court warned the spectators that
II there was any demonstration as the
trial proceeded. he would clear the court
room, taking care. however, TO make 1t
a public trial.
Referring back to the testimony given
BY this witness at the preliminary, SEN
ator Brown asked II he had not said at
the preliminary that he did not notice
Benbrooks face, the witness replied
that he stated he did not notice II at
the time referred to In the question par
ticularly.
In passing upon another objection to
this form OF Ques tiOuing the court an
nounced that he proposed TO require the
State TO put all witnesses on the stand,
and that the widest scope in cross eX-
animation would be allowed.
"Dld you see w. H. Dickson up
there?' continued Senator Brown,
Il say / didn't see him. All the per-
sons | saw In going up and on reaching
the room first | have named
did Morris tell you he had come
there TO do Benbrook up?"
Either that or that he would do him
up or could do him up one Of these ex-
pressions."
did YOU tell Morris you had taken
Benbrook gun?'
81 did not
Ibid you take Morris up gun too?"
mo"
Had Benbrook been drinking"
~ had seen him take but one drink"
did he show any appearance Of hav-
ing been drinking-was he calm and
Quiet?'
lie was very much excited, or APP
peared So"
Had he been drinking the night be-
fOreg'
~ don't remember anything about
him the night before"
when did you see him first on this
day."
about or 2 o'clock in the after
noon"
did you talk with Attorney Rogers
last night2'
Eyes. a few minutes"
when you left the room up there.
didn't Leda stromberg tell you TO lock
the door,
I have no recollection Of H."
Judge Powers again took the witness
In hand, and read his testimony given
at the preliminary with reference TO
Benbrook's appearance OF excitement
when witness gave him the gun. Keene
answered that that testimony was cor
rect.
when you saw Mr. Rogers last
night, you and he didn't take a drink
dld you?'
'Yes. We had a glass Of beer"
Senator Brown said he wished TO ex-
anime witness regarding this interview
OF last night. and il was brought out
that the senator simply accepted
Keene's offer TO show him the rooms
at the Merchants cafe.
CONTINUED on page two.)