| Show DOOLA WAS MIXED Evidence Given Yesterday in Conflict with that at Preliminary Hearing Robert Doolan the first witness I placed upon the stand at yesterday j I mornings session stated that he was I a little mouth of the Merchants aCe Ion I-on the evening of the tragedy when 1 lie was attracted by n pistol shot He I j started up the stairs of the cafe and 1 Just as he reached the foot of the stairs he heard a second shot When j he reached the top oC the stairs he heard a third shot lie went directly II I I to the door of room 1 There he saw I I three men one lying on the floor one standing astride of him and the third I walking toward them The prostrate man was lying mol on his stomach I than on his hack The man standing astride of him had a gun pointing toward to-ward the lower of the ribs of the prostrate I pros-trate man THERE WHEN LAST SHOT WAS FIRED I While the gun was held In that posi I tion Doolan heard another report of C pistol The prostrate man was Burton e IVtorrls the man standing astride I of him was Benbrook and the man I walking toward the two men was Ali Al-i bcrt C Morris At this time Doolan I went out Into the hal where he remained re-mained some little time and while there the messenger boy Hume passed him and went Into the room here the 6hoolnb occurred the ofilccrs following follow-ing Hume Then Doolan went Into the room ugain He thought Mr Benbrook said Whose gun Is UV and Albert Morris said I Is your gun Then the officer got Benbrook and removed I him out Into the hallway Doolan did not uce any striking done although he I testified that he saw Benbrook raise the Run to strike Morris Neither did I he see any one take hold of the gun I nor Officer Chase take It away from Benbrook Quito a numbrr of people I rainc Into the room before Doolan went t went away hut as he was a stran erIn er-In the city he was not able to Identify any of them Before he left the room where the body of Burton C Morris was he heard some one say that ho was led Doolans best Judgment was that he remained In the room where the tragedy occurred about ten mln utes DOOLAN DISCLAIMS INTERVIEW On croBSexamliuilIon witness was asked If he did not on the preliminary hearing testify to hearing three shots and an echo and he replied that he believed be-lieved he did but his best judgment 1 yesterday was that he heard four shots An Interview In the Salt Luke IJerald purported to have been held with Duo I lan wus in part denied by the witness and several features of It were in direct I conflict with the testimony given by Doolan yesterday In the Interview It was stated that Doolan had informed I the reporter that Benbrook jumped astride of Morris and began beating him over the head while yesterday Doolan denied having seen Benbrook strike Morris at ull Witness stated that he had read over his testimony twkie since lhi preliminary hearing once last week whJn John Hume was with him He admitted that ho and Hume had talked over their testimony recently recent-ly when they went to the Merchants cafe to see the passage way which they had becn told was blocked up Considerable time was consumed in questioning witness regarding testimony testi-mony given on the preliminary hear lug particularly with relation to time distances and angles at which certain objects were placed A great deal of the testimony given by Doolan was I read to him particularly those parts I I which had reference to the angle at which Morriss body was lying the angle at which Benbrook held the gun I the time spent by Doolan peeking Into the room the time spent by him In the I I room and time time lie went to the restaurant res-taurant and I r It AFRAID OP FIGURES Doolan was not inclined to give figures fig-ures yesterday saying he had been told by his brother or some one that it was llgures which had mixed him upon up-on the previous hearing of the case Judge Powers asked him If the figures fig-ures staled by i him were true at the time they were given and Doolan said they were to the best of his knowledge at the time He later said however I that Judg Powers would ask him It such and such figures were not true and he had admitted that they were Judge Power then read the questions and answers In Doolans testimony and disproved the statement that he had used the figures at all that they were Doolans own figures There was ono figure however that Doolan was willIng will-Ing to allow to remain as It was and that was 11 was about twentyseven minutes to X oclock when he went Into the Merchants cafe Witness was not Bure of the time when he left the cafe but thought It was between twenty and fifteen minutes of S WHAT WAS SAID ON THE CAR Judge Powers asked him If he did not catch the Third street car at exactly a quarter to S In front of the Merchants Mer-chants cafe but Doolan was not sure that he did And then Judge Powers questioned the witness as follows QDont you remember the conductor you rode with that night A No sir I forget the conductor Q You talked with him didnt you mentioned the fact of what happened and you told him that night that Hurt lolls had boon shot had ten or twelve holes put In his body that he was noted < not-ed yet but would probably die A Not > sir I did not Q You know the name of that conductor I con-ductor dont you A No sir I do not Q Dont you know that that conductor con-ductor lives a very little way from you at the present time A No sir Doolan further testified that he had come to town on u Second South street had taken a transfer to ear n Third street had gone down Main street and tnlttc Whim a boy nt OConnors drugstore drug-store then had walked to the Western Union Telegraph ofllcc and Immediately Immediate-ly after he came out of there heard the first shot fred WAS SORRY FOR HUME Judge Power questioned witness regarding re-garding the number cf shots which ho heard nnd a kd him If ln did not get hhl theory about live echo from an article arti-cle in Thin Salt Lake Tribune but Dno lan insisted that he lied not road the body of any articles relating to the tragedy that he Imd simply read I the headlines Judge Powers asked Doolan 11 he had not felt sorry for Hume and witness admitted that he had He was then asked If he hnd aske not asked 0 reporter porter on the Herald to come out of the County Attorneys office on the previous day find out how things worn going and come back and tell him but Doolan denied this Ho then asked IC he had not stated to the reporter that be was positive that Hume had read all the accounts of the testimony at the preliminary examination and was trying to make his testimony agree with that of the police omeFrs and was consequently getting himself Into confQupuly ttnt trou I ble but Dpoian did not according this t-his testimony say he was positive I that Hume was doing thla but simply that I he would gamble on It that that was the case caseSAW SAW BUT ONE GUN Doolan Ratified that he saw Hume go for f doctor and was In the room when he returned He saw but the one gun In Ihe room the one In the hands i of Benhrook lp 18 testified to see ing two girls when he went up tho t BUlr who scetned to be about to enter en-ter room 2 but he did not sec them go In nor did he see them leave the g log Wlinww did not see Burton Morris Mor-ris strujrglc at all afiw he reached the rCm but saw him gasp two or three S times Witness denied that he had stated to representatives of the morning morn-ing papers that when he looked Into the room first Morris was trying to got the gun that Benbrook with n great effort wrenched himself from Morriss grasp striking Morris n fearful fear-ful blow upon the head and knocking him down that hell he jumped across the prostrate man and fred again In I his breast It was now half an hour past the i regular time for adjourning and a re J cess was taken unlll 2 oclock Doolan was again placed on the I stand al the opening of the afternoon session and answered questions put to him by both the defense and the prosecution prose-cution The entire testimony of Doo J Jan taken on the preliminary hearing was offered Ln evidence by the prosecution prosecu-tion but L was objected to by the defense and the objection sustained I |
