Show BKOWNS CLOSING ADDRESS Deals Severely wih Benbrook in Reviewing Re-viewing His Career Arthur Browns opening remarks yesterday yes-terday were devoted to the several witnesses as to the credibility or otherwise I other-wise oC their lestImony ifc i spoke Ural of Keene saying that he was Intensely in-tensely Interested in thc case and his testimony slioujd be weighed in that light lie considered that Dalys lest mony could be fairly relied upon Inasmuch as he could not have had the Interest in the matter that Keene had Speaking of Lcda Slromberg Mr Brown said Counsel for the defense described her a I think she should be described perhaps a little too severely perhaps a little too grandly She is I not Helen of Troy she is not Cleopatra she falls far short She Is not even Helen of Troy of our poor Salt Lake Judge Zane says lie does not believe her Judge Powers denounces In the most eloquent flight that he has had during this entire trial any one who would speak of her truth disparagingly And yet Judge Powers bad denounced her in every way lie has said she Is not to bo believed be has made Insinuations Insinua-tions against her In every form and yet Brother Rogers says thai these Insinuations In-sinuations aro vile and Infamous So here we stand Kune and Powers say ing that you cannot believe her Ben brook disputing her and Rogers with unlimited admiration Rogers seems to have been devoted to her truth to her justice Why as I said before she Is I not one of the famous and great I Jreat beau lies of theWorld She has enough enough about hCl of of I beauty flee to entrance en-trance a young soldier such as Morris Just the kind of a woman to do I and you could not wonder that he loved her You would have been surprlsd If after having been with her I every night for four month he did not adore her You would have been astonished as-tonished If he was not Item shave anti she thought and believed that she could control him In every > vay That1 much we must assume lobe true thai much we must ascribe lo her Passing from Leda Slromberg to the next witness and the most important one of all Is the defendant himself because be-cause the defense has made the case to turn upon the Importance of his siory they have hazarded hlve d their case upon him They any t you that If his story Is not true that he In guilty of murder In the llrsl degree If his story Is true he should be acquitted They say I must hp aeltdcfense or noth lag The lawbreaker IB cnlllled to the same defense as the mo < R upright man in our city or our State The law mrn I tends the same protection to the HOlecton pro I fessional thief the CsElonal professional vac I rant tho professional gamble VUI around the professional minister hut when we stop he beyond that oul WP enter another sphere There are other considerations con-siderations This il a defendant whom COI a I number I have Hworn la a man of good reputation for peace nnd qulelnesH Xow I must confer when conff whol I read In a I newspaper ihat the defense at spapl Llt Irenm were go Ing to prove good character as a I de fenHc In this case I was more IM lonlHhed w heii 1 learned the character of uonic of the men Ole of iho I men who apjHjared lo defend him I i thought can ll be possible and I abU 1 you eanlt be possible that Salt Lake City and the Slate of Utah has become so low that the character of a law breaker may be proven to be peaceable pCceallc and quiet Here Is u man that for twenty years his piled his unlawful vocation Ma criminal vocation For vocaton eight years In this city he has kept a house which by Its very nature Is 1 naur the resort of dlfilioiu t men The very need of the pfjllre Is to protect against such houses as be hUH kept 1 An open violator of the law and In walk two exChief of Pollen to swear that him reputation for 1 jiUnl and pence In pood I iw I f61liZLf 5ivt2 S1f J Why thc very nature of his occupatipn I I forbids its being good > r BITTER AGAINST POLICE I There never wa a minute that t ought not to hnvfi been punished I These men Instead of swearing lonls character ought lo have stopped him In his mat career 11 Is because of the permission of the police lo I let Just such housts as that oxst that we arc hoe tl I > IIg I this 1 murder case ThuyieJl J 1 us that his eharaclpr Is I good Wo have here tho president of the Wnsatch Gambling company 01 the Wnnatuh Humbling hmisu as if ibis sort ot legal crime could be chartered mio companies com-panies Ji will be but a step further It Is bul a step to the side when we shall have the Wasalch Burglarlng association as-sociation and I shall expect to see the whole force of police walk in and swear why this man Is a burglar by profession but he Is i a man of excellent excel-lent character he stands above suspicion I sus-picion If he kills one of your cltlroiiK we are willing to swear that hit character Is bo good that you ought lo acquit him for It I it may be sworn about 0 gambler liy nol l burglar J Is i I difference in the business A gambler steals a mans mOll by deception de-ception by falsehood by trick The burglar steals II by 1 bold force The moral nature of the I men can be but Hlllc different TREATISE ON DECEPTION Bul this man killed his man to be I sure ho killed 1 his man down In Arizona Ari-zona lie says he doexnl know that he killed him lie dOt at know that he killed Burton C Morris Perhaps If Burton C Morris were bore we would get 0 very different story limit I we do from Ihis defendant Gentlemen Ibis man is I In many respecls a re murkablc man He controls himself upon the stand letter than any witness I have ever seen You have observed it I you will undoubtedly comment upon It Cool calm collected the master of himself lie was the master of himself him-self on the occasion of this shooting lie has taught himself all his life I believe to master the emotions of his face That bus been his business His gambling his been successful because he has been able to conceal his emotions emo-tions to conceal his feelings to keep his tongue in his head As a witness In Ibis case he has everything al stake He is in the habit of pulling things al stake For tho sake of a few paltry dollars perhaps a few dirty cents be would deceIve you In a game of cards That Is the gamblers business He ha been brought up all his life to de I cche Do you suppose that if he could I I r 1 I 71 < 1 j S 5VMfOr S JrOWT EXp1t t ovIJie bun h S r pIerced i bQ Mi I I i I 4oI deceive this jury on the greatest slake that can over be cast that ho would fall to do Ht Do you suppose that If there was anything that he could say I I or do that would mislead you that he would not do II REVIEW OF THE KILLING Scnalor Brown then recounted the circumstances leading up to tie killing Speaking of the variance beieen the lesllmony of Benbrook and that of lIss Slromberg Mr Brown said It was necessary ne-cessary to his delpnsf that he contradict contra-dict her on material points Referring to the question of why Benbrook was al the cafe wllh Miss Slromberg the I speaker said Why did they meet lliere She says she simply Inquired for him Keenc says she wanlcd to HCP him Benbrook says he antPd lu see her What foi1 What WCIe they to I do Ihere No hnproprleiy of course Such un Insinuation as thai Rogers would call vile Judge Zane understands thai things perhaps better He says they nwl there to talk about the wealhcr I and perhaps to auk about the health of each other and that In I the way they generally do Mr Rogers nays that Renbrook knew the wuyx of polite Hy clety of poll people and 1 suppose that was hIs purpose thereto be po Mle He was doing the polite thing away from his wife and his baby them with that woman What right had bo there Counsel for the defense claim that be had a right to be there with that young woman 1 deny It he had no right there J she was there to meet Mr Morris Benbrook was an Interloper In-terloper If she was there lo meet Mr Benbrook still he was wronging his own and he must have known that sho wis keeping steady company with Burton Bur-ton C Morris and thai he was wrongIng I wrong-Ing Unit man MYSTERY OF TilE NOTES The unexplained mystery surrounding surround-ing the iwo notes as to which It was l1lt Burton Morris received uas thou I dlKcussed hit going lo the cafe finding find-ing hla sweetheart drinking wllh a gambler In1 and counsel argued that If I he had pulled out a revolver then nnd there and shot Benbrook and Judge I I Powers bad gone before a jury to de 10ne I fend him he would have done II I I on the I I ground lhal I lhal was a very proper ex hibillon of emotional frenzy or temporary tempo-rary Insanity and the Jury would haVo i izequltled him In five jnlnulcs and i Poweis would have argued that the right hand with the revolver was tIme j Uiunderbolt of God CounhOl insislud 1 lhal Morris had n right lo become excited ex-cited and that be should strike BtU 1 brook was the most natural thing In I the world Benbrook knew that he bad 1 I no right lhor < he did nol slop to the 1 fend his position but Got up and I walked out oC the rom He knew Hint I I the exhibition of anger was right and J proper Benbrook did not have the t l right however I bemuse he wou struck in the face to shoot The use oC deadly I ordfJll ly l weapons hal only be as a InsCre I sort Morris was satisfied with the punlHhment lie had Inflicted that should have ended It I Benbrook sat be was frightened i do not billoe he uas f 11h i h nfl and f 3 s 7 I 1 jfcW 1 I 1 J t ff I i I J I L14 c r I I i I II I r I I i t I l Mjfs I 1Mz 5 j i > V f S J nciul removes I u tshl unruly 5 1 f A v n AMt I AM-t I I will tell you why Wlml ho did was neither to a tsHcit his right to stand his ground nor to retreat He played the cowards part and lay In wall watchIng watch-Ing for tIn deceased lo come out And this man Benbrook wenl nut of room S with murder in his hcarl Counsel pay that I YC he had Intended murdei why did he send for an olllcor Well he may nol have Intended actual I murder but be Intended to make that man g < tout t-out of there He Intended to get In a quartcl wllh the I man In t way to compel com-pel him to make an assault or In aIn wny a-In which he could take his life and say there was an assault THEORY OF THE KILLING Then the details of the struggle as told by the eyewltuiesses eye nere related Mr Van Coll appeared In the coat and vest worn by the deceased at the time of the tragedy 1 and Mr Brown demon stunted to the Jury his theory of the killing His opinion was that Benbrook shot at Morris as be came out of room 3 that Morris saw him Ire the gun dodged down and back and in that way the shot passed through the rim of the hut Mr Brown then referred lo the fact that almost with his first breath after the tragedy In the very presence of the dead the defendant falsified In I saying that It was not his gun ho didnt know how It happened be didnt know anything about It and counsel sarcastically added Why he said that bocaune he Imagined at tIme time that he could deny his connection with It and gel L out Ho had not heard Powers on selfdefense He had not heard our distinguished Jurist here explain ex-plain how l man had a m right to defend his castle I was the Impulse of a man whoso life Is I to deceive Is It possible that any twelve men can be found In the world who would believe such a nan as Benbrook Powers gave one hundred reasons why he should not be convicted and every one of thorn was a repetition of the other He might just as well have had 1 singsong and saId J this Is selfdefense II Is self defense I Is like The old cow crossed the road I plr the old cow crossed the road DECLARED BIN nOOK GUILTY The story of Benbrook Is not true There id I a mountain of proof that Ben brook Is not lelllng the truth Gen Ilemon I say thai Bel brook is guilty of murder In the first degree 0 At this point a recess was taken unlil I 2 oclock Afler explaining the various degrees of murder and reminding lie Jury that they were sworn to do their I duly Mr Brown referred to what the defense called retributive Justice and said he did mm t understand I I I and wondered won-dered where they got It Mr Rogers informed them that they got it from the Bible but the speaker I said be doubted very much whether they tot IL from the Bible As ho understood retrlbullve justice as laid down by h Judge Powers Mr Brown said it ran about like this Morris was a young man about town be goes with Leda Stromberg he has started on the road which ends in death Conclusion Bon brook had a right to kill him Powers may have gotten that ou of the Bible but I dont believe It Judge Powers says that he was going about town drinking that he was seeking death and he met it and thai was the relrl bution of thc Almighty LOVED AN UNWORTHY WOMAN Morris fell In love with this Lcda Stromberg and he was not the first man in the world who had devoted more time and money to such a woman than she ought to receive but because be did because he spent some time with that girl that It seems Benbrook had been casting sheeps eyes at for some years hut because he had had he done anything which gave Benbrook the right to appeal and represent himself him-self as the Almighty and take him oft at once Mr Brown called Judge Powers to task for thc way In which he had dealt with the testimony and name of Doo lan saying that whenever he had thc opporlunliy with great eclat he would use the name of lloberl Ontario Doo I lan and the speaker said It would bo just as strong sin arum < nl for the piosecuilon If he would ring the change I and call oul Orlando Whitewash Powers TOLD JtKY ITS DUTY In I closing Senator Brown admonished admon-ished I the Jury that they must not as counsel fpm the defense Inllmaled believe be-lieve the story of Benbrook If I It woo natural probable and reasonable but said It could only be believed when It was true He asked them to consider ihe I community to consider the whole Stale tu consider all the facts In the case and then to bring In their verdict adding that This Is an occasion when tho State of Utah more than on ordinary ordi-nary occasions has the right to demand that each Juror shall do his duly I |