Show I AFTERNOON SESSION I Examination of Benbrook Concluded and Arguments Begun At the beginning of the afternoon session the defendant was asked about the remark which it Is said was made by M E Mulvey to him shortly after tho tragedy when packing up time hat wllh the hole In It ho said according I to the defendants testimony thai It was a close call or a close shave or j something like that to which Bcnbrook replied bul aald he Uld not know t j whether Il said YeM T had a nunow escape Benbrook wan thou asked It I he did not lead Muhvy to believe lhat he had the hal on his head and was shot at to which he replied I didnt I load him to believe anything I didnt think It was a proper place lo make a statement or say anything about Il He was then asked how long he had been a gambler and replied that I he had engaged In It more or less for twenty years that he has run a gambling gam-bling house In this city since the spring of ISO I Tho question of Morris having the hal In his hand was Ihen brought upI up-I again und witness testified positively I I that Morris had the hat in his hunt but he eould not be so positive I about I his hLlnl one on his heal although I his best Judgment Was that he hud ono on I onBenbrook I Benbrook was then asked the question ques-tion as to how he knew that ho did not fire the shot into Morriss body while the latter was lying down and he was si nndlnS i up and he said at I no time I during the scum File was Morris lying down with Benbrook standing over him I himA question wus then asked by Mr I Brown which evidently was asked In I error for ho did not pursue It He asked Bcnbrook If he hail a controversy with l a man named Senior at which time he drew a revolver and Senior knocked him down Benbrook staled that he had no recollection of such an affair NO OTIIEft GUN Mr Brown then asked the prisoner If he iittd not told his counsel that there r was another revolver In the room be l sIde the one he hal used Benbrook I answered No before Judge Powers r objected on the ground lhat it i was not I proper crossexamination and Bald It would nol be competent to give any I conversation between counsel and client Judge lilies sustained the objection objec-tion Mr Brown staled further that an I affidavit hal been made at the lime an extension of time wan asked for on the hearing of the case that It was Intended In-tended lo prove by witnesses that another an-other revolver was in the room and ho thought It was competent for him to show by the witness that ho had paid that to his attorney but Judge hues I ruled for a second lime that It would conl tme not be competent On rodlreet examination the witness I stated that the man killed In Arizona i was shot al by the posse that Ben I brook as deputy sheriff had a warrant 1 for the mans arresl for grand larceny The man had said that he would never be taken alive so when ho saw tho officers offi-cers he fired Injuring Benbrooks thumb All iho members of the posse fired at the man and It was for lint I reason that Benbrook was unable to say Whether or not he had killed the man SOn S-On recross examination witness was asked the name of the t man killed by the posse in Arizona and replied that 11 was Marion Baglcy A few minor questions were asked him and he was then excused exclwel |