Show rl 1 v 1 t I DELAY GRANTED AS WIFE IFE FAilS TO TAKE STAND State Asks Postponement When Mrs Ballantyne's Physician Asserts She Is Unable to Appear CAPACITY THRONG FILLS COURTROOM I. I Crowds Crowd Stand During Hearing g Moreton Says Testimony of Widow Is Es Essential l to Prosecution Thomas Marioneaux counsel for or ortho tho the defense stated thi this afternoon that no effort would be bo made to to obtain bail for the Brownings Until un til Monday Preliminary of ot Marriner A A. A Browning and John Browning charged with the murder of ot Benjamin Ben Ben- jamin r F. B on April prU 9 was continued at noon toda today until next Monday morning at 10 o clock o'clock after Judge Noel Koel S S. Pratt had spent the morning listening to arguments of ot attorneys attorney urging and opposing such continuance because of the fact tact that Mrs who had been beers subpoenaed subpoenaed sub sub- as a a. witness s for the sta state e did not appear in court Mrs Ballantyne on the evidence of Dr rz Ezra C C. C Rich her ph Is la too ill to be interviewed has been too since the tragedy to bo be in Interviewed Interviewed In- In and will be too ill for fr two weeks or more to undergo tho the ordeal of or appearing in fn court Dr Rich made his statement under oath when County Count Attorney Arthur E. E Moreton oreton at the opening of court noted th fact that Mrs Ballantine was waR not present The physicians physician's statement started starter the arguments b bv by the state and de defense de- de tense as to the for tor Mrs Ballantyne's presence and whether or pot that fact tact was ground for th the tha granting of any continuance at aU Judge i stated I that there thero m must st be something more t just the tha verbal statement t the states state's at atI attorney attorney at- at torney to provide cause for continI continuancE contin- contin I and granted the tho request ot of Mr Mi Moreton for torn A recess for tar twenty t I minutes for tor the preparation of an an I affidavit on the subject This i ty minutes finally went into ninety t I minutes and upon presentation and 1 argument on the tha affidavit when the i j court reconvened Judge Pratt I granted the continuance for fo four r days day this being the mandatory time timo I fixed by the statutes The states state's had asked for tor two weeks weekS' f It WAS ws Intimated b by counsel for tor forthe forthe the defendants that it is possible i that they will go before rote the district I Court now T d seek admission of ot oti i their clIents cHants to ban ball this proceeding I being taken under the tho companion j section to that relative to the four- four 1 day continuance These two sections provide Ide I The examination must be bo completed completed com corn at one 8 session n unless unless' the I magistrate for tor good cause causa sh shown wn postpones it The postpone postponement ent I shall not be for more than four tour d days days' s at each time nor more than tw twelve he 4 days in all unless by consent or oron on motion of at the defendant I It If a postponement is had th the tho magistrate must commit the de defendant deI defendant de- de for examination admit him I to ball bail l or discharge him from custody cus ens- cusI I tody upon the deposit of ot money mone as provided m in this code as security for his appearance e at the time time to to I Which the examination is postpOnEd postponed postponed post post- Thomas Marioneaux of ot Marioneaux Marioneaux Marion Marlon- I eaux c Beck of or Salt Lake who I with James A. A Devine and James U. U Howell of Ogden represent the d at d' d said sald after atter th the adjournment adjourn I ment mont of court that the ne question will willbe willbo be bo taken at conference up a eany earr this afternoon f I Judge Pratt before adjourning court warned all nIl witnesses in the case to be present next Monday morning without further subpoena At tho same time the county ney's nes office prepared a second sub- sub on Mrs Ballant Ballantyne ne to enforce enforce en- en I force her attendance next Monday SAY nAY WOMAN WAS WAR IN r- r I in In hs l his s statements ti t is-t to th the court court and andin andin nd in the affidavit which was later filed tiled County Attorney Moreton In j in indicated to some extent the course which the case of the state will t take e. e The most important of these statements however was that Mrs i Ballantyne was present at her home hoin East Kast First South street Just just- just c prior to and a at t the time Ume of ot the tha alleged homicide All AIl information h heretofore published on on the tho case caso case w Was s to the effect that Mrs Ballan- Ballan I was Wl not In the house at the tire i I time Ume her husband was shot but was waa I on the tho cros walk leading to the I sId walk that she fainted tainted when the the- c ct t shot was fired tired and was carried to toan toI I an automobile In which her mother I was seated before th the home by Attorney At At- tome torney torrey William Heeder who then thOn I return returned d to the house and found the tire conditions of ot the shooting as the they have arcady been many times Umes described de de' de- de scribed The Thc statement by Attorney Moreton that ho he exp expected to show shaw that Mrs Ballantyne was 11 in i th tho thi home bomb when the shot was as fired tIred caused evId evident nt attention from the attorneys attorney B for the defense The affidavit filed tIled b by the county attorney and which was sworn to tob toby b by Ra Ray r S S. McCarty McCart assistant county attorney sets forth that the presence pres pres- 0 ence enco of ot Mrs 1 Ballant Ballantyne ne Is necessary feces sary gary to the state state- that the state expects Mrs Ballantyne to testify that her marital relations were happy and pleas pleasant nt that such tes I is needed to disprove alle aile J alle-J gallons of the defense that for several sev sev- sev f eral weeks prior to the homicide e she she fihe had had been been treated Ill by hr h r h husband d that the facts surrounding the j Continued o on i page 7 1 W 1 II J i To flA y GRANTED I c Continued from page 1 I. I cannot be fee fully sh shown n without to testimony of ot Mrs Ballantyne a Pt to interview w her b by st st officials have ben futile for j C rt as ason son n that it has ben claimed s r shei she 1 Is ill m to per Permit lt such teC i CROWDED linw I Ie e e courtroom of or Judge Pratt was ded to suffocation l lone ng before a hour sour our for t the e opening On the fiches rhes inside the enclosure were tied ted members of or the families of or defendants The father and s 1 her of John Browning and of et were In the Ballantyne center s. s is tt- tt BroWnin df father fifer ot of M l IJ i bleated d beg hl t John Joh M M. Browning Brow famed fame famed d inventor inventors n vent de of automatic weapons Mrs Marriner Mar Mar- riner Drowning Browning Mrs John Browning Brown Brown- ing wife of the tho Mr 1 and Mrs Archie Billow Bigelow Joseph Olson and a 1 number numb r off at others other's intimate frIends of or orthe the accused loon nen filled tho benches Leaning against wall almost st as tar far away as It was the t tb get and still sUll remain James enclosure standing were Ballantyne and William Bal Bal- father ther and anel broth i- i or of the h dead deadman man Th There re was was' no noticeable gre en th the hl members of the two t families Ewhen E EvA Evert when court adjourned the the- Ball Ballan- Ballan n tynes remained d ln in in the co untIl all ot of the DrownIng Browning fah had gone Slightly pale pate but butt bute appearing In good health the defendants were brought to t the court room and after some e persuasIon Sit iffs the on the part of bailiffs ban bail croWd PArted sufficiently S J NS N'S j 4 THE SA I for them to to- pass through Inside the enclosure no affectionately affection affection- SUre the they were affection affection- greeted by their relatives I kissed his Wife vito and then shoOk hands with everyone John I 1 Browning kissed l his wile wife and mother moth moth- er and then also shook hands moth moth-I all I around The defendants appeared considerably I 1 relatives calmer amer- amer than did dla the PRINCIPALS CONFER During the recess thero there were several sev sev- eral ral impromptu conferences eg J In va a rious dous P Darts of ot the co courtroom Ono One I of these between tWeen John John Browning i and hi his V father and ather i presented I an unusual picture bench Seated on the on-the the between two elders elder John was waa evidently explaining explaining something something- something I about the case The two older heads men 1 together SeTher talked earnestly with the other him side aide M It wa was grim c contrast to of ot the ro room m where police poUCe officers visiting attorneys t. t RT li r LT LAKE T Tand Tand discussing attaches were and court the chances of the tho baseball tea team lt and scores of or other items to occupy I IP Be Behind the period rail P py all the tho the the waiting spectators craned their I whispered excitedly pointed necks and shuffled about to get et a nearer principals or to ex exchange view lew of the regarding the he c case change views saucily a the rail were perched On got got- had gotten got got- They couple of lappers flappers from early and from ten to the courtroom point were as full fully their vantage proceedIngs as was ot of all advised ise hIs raised J d Pratt seated upon l 1 K evident disa disappoIntment disappoInt disappoInt- cint There wa was when the ment from Jom postponed the spectators and ap- ap a ap case was made between this were meet again next to one cne and that Monday Monda said one early Now ou o come companion S In a voice olce a woman bit louder to toa o her than she had Intended I h i ih G APR The pair had bad been unfortunate In their standing room space which was ij way away back in the room on the tho top ot of the tho benches We Va want to get a good seat sear she sho concluded as those thoe about ber laUghed at her first remark I Following MarIner the MJ adjournment tot both h held im a and John JohR Browning Browin Br again time a impromptu p ro rec receptions reception P ons this nUmber of Gf L the spectators crowding Inside the Inclosure to shako hands with them to toof wIsh them hem of similar well and to voice th the hundreds Sh r which one hears at Such lIuch n- n occasions After Atter they ha had haa bidden bladen n their rel- rel relatives es aU goodbye 5 they turned returned to the theas county as aill nf aff affectionate Jail the gOOdbye being J Just as had beEn the 4 L p 9 1 1 greeting excepting that there was some furtive wiping of e 1 on the part of ot several of ot the women I feel good Rood said Marriner dIscussing discussing discussing dis dIs- dis- dis cussing the time he has spent in Jail Jan during the wait walt for the preparation preparation preparation prep prep- of affidavits We Ve are comfortable and the Jail Jall Is clean The Tho food tood is good and we have ha no cause for tor complaint a ai at our treat treat- ment Ve We are In cells Just the same as all other prisoners and nd are r rot ot of accorded any special privileges As a matter of ot fact we like that better Its It's pretty lonesome and nd we went we at nt least have some companionship Mr Browning refused to make a single comment regarding the tho case Dont ask me ma that he said Talk to the tho attorneys about It it It will all Como romo out in to time |