| Show BROWNINGS TO TOFA FA FACE E CHARGE I Of MUR MURDER EA IN fIRST I 1 Wanted to Live bu bt They Wouldn't Let Me i Construed by Detective I as Mans Man's s Last COMPLAINTS MAY MAYBE BE FILED TODA Alleged Slayer Makes N Statement Other Tha That He Wants A Facts Brought to Ligli Complaints Complaint will be filed ch Marriner arriner A A. A Browning and Jo Jot Jor with first degree degre mui mur murder der County At Attorney orney Arthur I I Moreton announced to today ay T T TF Brownings are held for the of Benjamin F. F Ballantyne who alleged to have been shot hot at h home East First South Monday afternoon He died at hospital Monday night Mr Moreton in making tl tI above announcement made mado it that he was not reconciled to t tt U accuracy of all the made to him and added that there would be no change in tl U original decision to charge fir degree murder he would not con corr mit himself to the suggestion tha th a third person may be named i ithe the information as an either before or after tha fact Mr Moreton and Detective Cli Patten held a conference e th afternoon In conne connection with a possible d 1 the En tha complaints th afternoon Detective Patten stress the point that Ballantyne knew th he was going to todie die as a n result the wound said t to have been Ii 11 from a shot alleged to haI ha ha- I been fIr fired d from an automatic by Marriner l Browning I The detective points out th when Patrolman A. A H H. Ro Rogers ers a aJulian ai at Julian Riley y reached the scene the tragedy Ballantyne's home East ast First South street short after the shooting Monday 1 aft nile nile- a anoon noon Ballantyne Is reported to ha said I 1 wanted to live but the th wouldn't l let me referring to Ma Mar Marriner riner and Jack Browning This according to the might be accepted as a dying stat ment and one wherein the chart chartIs Is made of attempting to slay an anin anin in consequence of Ballantyne death might be the basis for tor th Tiling riling of complaints charging fin degree murder ag agaInst both men In addition It Ii is pointed ot that is reported 1 t have warned warned- the men from en enter tel Ing lag his home and arid the fact th they dil enter r fit it It It is sal strengthens strength ns the course of tl ii prosecution in charging the capit offense Marriner Browning at the ci ell jail today said that he had no con corr ment to tomake make other than to sa saAH All AH we want is for the facts to 1 I brought out SHOOTING SCENE REVIEWED Gradually the police and coun attorneys attorney's office are endeavoring t I piece together an exact picture the shooting as gleaned from tl ti various statements made by tl U principal characters Involved The empty shell from the o of Marriner Marriner- Browning was four foun under the couch In the room whet Ballantyne was shot The Tie polli polk declare that 1 if Mr Browning stoc where where- he says he did when ho sh his cousin the shell could not po por sibly ha have e been ejected to t U point where It was found as tl ti mechanism of the gun gup would ha thrown it into the hallway a ai al some distance from the coui cout where It was found On the oth hand it is possible that the sh she might have o ha been accidental kicked to t the e point where it w wr found by some one of ot the who attended Ballantyne after tl shooting I 1 Mr M. Brown Browning ng states that Balls Ballai tyne was standing upright upright and and tar fai ing he and his cousin John Brow Browl Ing lag the shot was fired Hoever Ho HOY ever the tho bull bullet t struck in the left side of the neck ar ai arranged arranged ranged downward and through tl neck toward the right armpit armpitS a ai al apparently hit no bone to Its course The police say that Ballantyne had been standing u UJ ui right facing racing Browning the bull could not have possibly taken tl tI course it did did nor hit him where ill did MAY HAVE CROUCHED DOWN On the tha theother other hand If It the Ballai Ballal tyne tyne- weapon Wealon was lying on the t tl o of the bookcase in the tho corner of the room and was going after the gun when I Ivas I Iwas was vas shot the bullet could not ha ha- I hit him at all allin in the left loft side of tl tI neck as it did But Bit It is said t th if Balla Ballantyne tyne had the gun in hhand h Ir hhand hand he might have started 1 crouch behind the end of the tie which stood immediately in fro frol I of ot the bookcase in which It would ha have been possible for tor hito hito hi I to have been hit the way he w and to have had a gun pointing t ti it I ward the Brownings Other angles of conflict hive Have Ido t I tI I do with where where- Mrs Ballantyne WE WEi wj wt i at the moment the shot was fire fire- on page L I. I SO I BROWNINGS TO Continued from page page- 1 where she was wa immediately before and afterward The earlier reports indicated that Mrs Ballantyne had preceded her husband and th the Brownings into the house having been ordered by her husband to get out of ot the automobile in which she and her mother were were about to start for o Ogden and that In the process of ot going Into th the home Ballantyne had become abusive and nd then threatening toward the Brownings it if they hey attempted to follow follow fol fol- low Jow him MRS BALLANTYNE OUTSIDE In a statement which W W. II H. Reeder Ogden attorney who had accompanied the Brownings to the Ballantyne h home me made late yesterday yesterday yesterday yes yes- to County Attorney Moreton Moreton Moreton More- More ton however this situation I ig Ia changed somewhat Mr Reeder is said to have stated that Mrs Bal- Bal had not gone Into the house but was on the walk walle halway halfway half hal hale haleway way between the te st street and the tIle house when the shot was fired that she he fainted and that he placed her herIn herIn herin in the automobile with her mother before he himself went into the house in earlier statements h however however how how- wever w- w ever Mr Reeder was reported to have said that he was in the hailway hallway hall hail way vay Just b behind but around a corner corner corner cor cor- ner of ot the tho room wp-en wp wien the shot was fired tIred and that he did not see the actual shooting When the dete detectives arrived the Ballantyne weapon was found on the library table across the room and according to Detective Roy Larson Reeder said he had picked it up from the floor near Ballantyne's Ballantyne's Ballantyne's Ballan- Ballan tynes tyne's right hand and placed it there himself Yesterday however how ever over Mr Reeder Reader is said to have de declared do- do dared that when he entered the room MarrIner Browning was picking picking pick pick- ing up the B Ballantyne gun from the floor S WIFE REMAINS AWAY Much stress is a also aso so being laid L t 11 1119 1923 upon the Investigation n of Mrs Ballantyne's Ballantyne's Bal Bal- action It seems to have been definitely established that she shedid shedid shedid did not see her er husband at any anytime anytime anytime time after atter he was shot and seemingly seem seem- made nade no effort to go t to him nor to go herself or or to take her children to see him at the hospital where he was dying or to see his body since his death Whether or not she will attend the funeral which is to be held In Ogden where the body will be taken probably late today Is 11 also not known kno According to the Browning version version version ver ver- sion there was much dissension In Inthe Inthe inthe the Ballantyne home However The parents o of Ballantyne flatly contradict this and friends of Bali Bal also sa say that the domestic relations of ot the family were of the happiest sort Mrs Ballantyne either of her own accord or on the advice of her attorneys or physician refuses to tomake tomake tomake make any statement so so reports from Ogden say where she Is at atthe atthe atthe the home of her parents The po- po pice however expect later ter to question question question ques ques- tion her and also to qu question the older Ballantyne children in an effort to ascertain whether they ever heard the parents quarreling ATTORNEYS RETAINED It Is expected that Attorney y Reeder and Attorney James H. H DeVine of or Ogden will have charge of the Browning defense James Ballantyne father Of the victim has also retained attorneys Meanwhile Meanwhile Meanwhile Mean Mean- while police guards are being eing kept at the Ballantyne Bl home to protect the property from being disturbed previous to a coronets coroner inquest should one be held a step however however however how how- ever not yet determined on and which may not be taken County Attorney Moreton In summing up the evidence as It h hag s so far b been en ascertained says that some discrepancies have come up Mr Reeder told me that the three had arrived at the Ballantyne home Mr Moreton said They were greeted by Mr and Mrs Ballant Bal Bal- lant ne Then after atter some desultory desultory desultory tory conversation n said Mr Ballantyne we have hav come comedown comedown comedown down here to make a settlement Ballantyne said To hell with It and then a a. moment later apologized apologized apologized apol apol- with Pardon me I oughtn't to have said that to you Then came the conversation about the settlement which terminated terminated In Mrs Ballantyne's going out to the dar ar Ballantyne followed followed followed fol fol- fol lowed her and ordered her Into the house t She went There Is a distinct space space ol oj time between this event and the actual shooting According to the stories I get all the parties went Into the house But when the shot was las fired Reeder Reader says he was was o othe or orthe the sidewalk outside and Mrs Ballantyne Bal was running down the walk MRS BALLA BALLANTYNE TYNE FAINTS Reeder says he caught her a as at she fainted taInted and carried her to thE th car Then There he ran Into the house t j t I 5 01 I. I j He Ele says he found MarrIner Browning Brown- Brown 1 t t ing ng picking up Ui the gun f he happened happened what's what's happened says he asked And one of ot the Browning boys answered We ye c shot him Then Reeder called the police I The discrepancies nere flere with the Browning stories are apparent John Browning Is a son of John M. M Browning gun Inventor He lie Is 44 years of age ad was born In Ogden He Is vice president of Browning Brothers company compan and a director of the J. J M. M M. M S. S Browning company He lie Is married and has three children Marriner Browning Drowning was born In two thirty-two years ago the tho son of ot Mathew S S. S Browning Drowning He- He HeIs Is general general general gen gen- eral manager of the Lion Coal company which operates mines at Wattis Utah and Rock Springs Wyo He Is a director of Browning BrownIng Browning Brown- Brown Ing Brothers company als also a dIrector di director director dI- dI rector of ot the tile J. J M. M M. M 1 S. S Browning Browning Browning Brown Brown- ing comp company n He Is is' is married to Dorothy BIgelow only daughter of if f A. A P P. BIgelow cashier of the Ogden Ogden Og- Og den State bank and only grandchild grandchild grandchild grand grand- child of the late H H. C. C Bigelow and has two children |