Show VOL NO 73 fORMAL CHARGE OF MURDER ISSUED t Detective Sergeant Signs Complaints o p Charging g Death of Ballantyne to 1 Members of Rich Family S QUESTIONING OF J I WIDOW DELAYED Mrs Ballantyne May Not Not I Be Able to Attend Funeral Funeral Funeral Fu- Fu 90 n y Attorney I Says Evidence Important I I i iI I Thomas Ma Marioneaux of f Salt Lake who with J. J A. A Ho Howell well and James H. H Devine of Ogden is counsel for Marriner Marriner Mar Mar- riner A. A Browning and John Ing charged with the tho murder of Benjamin F. F Ballantyne announced this afternoon n that the formal written written writ writ- written ten application would be made to the district court tomorrow mornIng morn morning morn morn- ing that th the accused be allowed their liberty on bond pending trial E i Prior to this announcement District District Dis Dis- Attorney E. E A. A Rogers notified notified noti noti- fied County County Countr Attorney E A. A Moreton Moreton Moreton More- More ton who in turn notified counsel for the defense defens that he he would not consider the question of cf bail until tomorrow m morning Mr Rogers said that he desired to have time to fully consi consider er the merits of the case before he would commit himself to say whether or not in his judgment judgment judgment judg judg- ment bond bod should be allowed The county attorney held a conference con con- ference e with Devine Howell and Mar MarIoneaux and also Iso with Matthew Matthew Matthew Mat Mat- thew Browning Browing father fath-er of Marriner Browning ning today It is s understood that tIit the ho question of the procedure to lo be b be followed was discussed i S Detective Leroy Larson advised Sheriff Ben R. R Harries that the complaint had been issued against the Brownings and instructed that the alleged sla slayers rs sh should uld be taken from the he city to the county jail The removal took place place lato this after after- noon t lI ut they wouldn't let m me 1 S T That t sentence gasped by Benj Ben- Ben j F. F Ballantyne at the Holy I I I i Cross hospital shortly after he Iliad had been shot In in his home at East First South street Monday I following follow ng an altercation with Mar Mar- A. A Browning and John Browning g cousins constitutes a aying dying ying statement said County Attorney At At- torney orney Arthur E E. Moreton tod today today- lY Detective Sergeant r Larson arson charges the Ogden m men m with first de derf ree e murder in the tho complaint Issued d at noon by Mr Moreton and which was as sworn t to before Judge Noel S S. S Pratt at 2 p. p m. m When Ballantyne told Julian Riley tiley Iley wagon sergeant and A. A H H. patrol driver that he wanted anted to tp live he knew he lie was to die said Mr Moreton It couldn't have been plainer and his Js is strengthened by tho the last ew words of ot the wounded man when he said to the nurse at the hospital T Tell ll that officer to tome come come back When Riley Rile and Rogers Rogers Rog- Rog ers ers returned to the dying man said I was going to toen fell oil en enyou you wl who o sh shot t me It was either Marriner or Jack Tack Ill I'll lea leave leavet va it t to you to find out I STORY REPEATED I Early in the Investigation Mr Ir Moreton was not sure as to whether Ballantyne's last words could be used as a dying ding st state state- te ment Up to yesterday no one had come forward to repeat the wounded wound- wound Jed ed mans man's story story- The statements of Riley and Rogers as to o Ballantyne's fear that he be ie could not live warrants the charging of first decree murder caid Mr Moreton When Ballan- Ballan live ll but yn said I wanted to hey they wouldn't let bet me he lie meant that he lie knew he was going t to l die The county attorney then issued the first degree e murder co complaint against the Brownings g. g In Ogden Mrs J Ballantyne Ballantine and her mother Mrs John Browning are are too ill to be interviewed by the police such interrogation Uon being forbidden forbidden forbidden for for- bidden by Dr Ezra Rich their phy- phy Fun Funeral ral services for BallantYne Ballantyne Bal Bat will be held in Ogden on Sunday but the Illness of or Mrs Ballantyne Dr Rich says js Sa so se serious serious serious se- se rious that she may not even be able to tG attend the last rites for her slain husband NEW EVIDENCE OBTAINED s Important evidence in the ey eyes s sat of at tho the county attorneys attorney's s office was Continued on page pageS 6 5 I I I H f FORMAL CHARGE S Continued from page I 1 secured from Mrs lra Elsa DeBoda maid at at atthe the Ballantyne home and who was employed there from front last Christmas and until the Saturday preceding the shooting Mrs DeBoda De Do Boda Dada had a morning-long morning conference confer confer- ence once with Mr Moreton today de de- detail the love and af affection affection af- af which she noted In the Ballant Ballantyne Ballantyne Bal Bal- lant home Mr 11 Ballantyne nc was described as ag being much more demonstrative demonstrative dem dem- em- em than was his wife but the latter explained this on one oc occasion occasion occasion oc- oc casion that she was wa like her parents parents parents par par- saying that the they were were not outwardly outwardly out out- affectionate over one one tin an another other but that the they loved devotedly Just like Uke I love lo m my said DeBoda repeating repealing the words of Mrs Ballantyne ne The baby daughter 21 2 years rears of age was th the thi recipient of lavish love lo fro from both parents said Mrs DeBoda DeBoda DeBoda De De- Boda although the father was constantly con constantly constantly con con- making g toys toys' and bringing them home for all of the children SELDOM LATE AT HOME Mr Ballantyne always came home at noon to hIs luncheons and whets when in the city was always home at dinner time Only once did he fall fail to come home for for- dinner On occasion he was dela delayed ed south ot of the city helping another relative on the Browning side of the family to repair a broken Mr and Mrs Dallant Ballantyne were to have gone one to dinner that avening at atthe atthe atthe I the home of still another relative relate e here I Mrs Ballantyne chided him mil mildly mildly mild mild- ly over the fact that he had caused th the breaking of the dinner engage engage- ment It was then 11 o'clock at night and Mrs DeBoda had haft remained re remained remained re- re to care for the children and was there when he returned Beware if you vou ou dont don't do what the tho I Brownings w want nt said Ballantyne turning to Mrs DeBoda when Mrs Ballantyne remonstrated with him for tor not having haying gotten home Mrs DeBoda explains that Ballantyne Ballantyne Ballantyne Bal Bal- meant b bj by this he was trying to help out out one branch of the fancily tam fam family ily and in doing so had halt offended an another another another an- an other branch Mrs Ballantyne and got himself in trouble either wa way WIFE REQUESTS PROMISE Only Only on one other occasion had she heard Mrs Ballantyne raise her voice above the usual conversational conversation conversation- al tone She had not heard what the trouble was but she did hear heal Mrs Ballant Ballantyne De say If you ou will promise me you OU will never go there again I will do anything that you ou want a n t. t Mrs DeBoda stated positively that she had never never seen seen t Mr Ballantyne Ballantyne Ballantyne Bal Bal- under the Influence of liquor even partially partial and that while there was at one time a bottle bottle bottle bot bot- tle of whisky In the home home she had never seen him take a drink of it ft She had seen him take tale a drink of or ofa ofa ora I a mild wine a bottle of which was In the basement At no time had she ever er seen the pistol in the house which Ballan Ballantyne tyne is declared to have had at the time that Marriner Browning shot hot him She understood that there was a a pistol in the house because Mr Ir Ballantyne had at one time timet t told bid her that such a weapon was about CONSIDERED OUTDOOR WORK When Mr Ir Ballan Ballantyne Ballantyne e resigned from his position at the Utah State National bank he told Mrs DeBoda i J I C t. t t j. j 1 v i. y 1 1 l tt aIS t 1 THE C that the the confinement nt confinement of Indoor work was Injuring his health and that he had determined to go Into the sheep business Mrs Ballantyne Ballantyne Ballan Ballan- tyne had later told her the same thing Mrs DeBoda said During her talk with Mr Ir Moreton Moreton More More- ton Mrs DeBoda continually laid laid stress on the happy home life ifa of the Both were exceedingly ex- ex ex I ex-I fond of their children spending many hours at play with n them It Ballant Ballantyne ne came home i at evening time and the kiddies I were out playing with the youngsters young young- of the neighborhood he oung I was plainly worried never seeming to be bo contented unless they were here there when he was A Aa A noon time he never never failed to spend a portion I I of the time in pla playing and chatting with the children asking the older I Iones lones ones about the schooling their 1 pla playmates mates etc eta POLICEMEN QUESTIONED Mr 11 Moreton yesterday esterday questioned ques ques- Policemen Julian Riley and i A. A H H. Rogers who took Ballantyne I to the hospital after the shooting at t length over which the mortally wounded men made to them anc and which were were published exclusively in The Telegram of r Tuesday E. E evening J t After recounting the receipt of the call calI to go to the Ballant Ballantyne ne home the officers in their statement statement state state- I mf ment nt to Mr fr Moreton said Upon going into the house we found young Ballant Ballantyne ne lying on the floor his head to the west and I his feet teet a little Uttie west from the northeast corner lie ITe was Vas lying on his hla back but there were no I pillows under his hie head at this time I The two Brownings and Judge Reeder were in the little entrance room Detectives Larsen arsen Wire Egbert bert and Lee Chase were in the sun room where Ballantyne's body hody 18 lay We Ve found no gun on him We Ve immediately took him to the Holy Cross hospital in the ward ard In inthe In i tho the northwest corn corner r. r We placed I r him In In Ina a bed and asked him who I shot hot him We d did d not talk to him I I i jl r SALT ALT LA LAKE E ETEL TELEGRAM TEL RAM at the house house or r on ort the thc way to the they hospital I In reply to ilie the question at the I hospital as as' as to who shot him he I Isaid Jack Marriner said Either or shot me fine Ho He also said I I wanted I to live but bet the they wouldn't l let t me me LOST MONEY We asked him what the tr trouble uble i. i was over and he said T I had a few thousand dollars but lost it and that thatis I i is what started the trouble between me and m my wife My wife's wICe's brother and cousin kept butting into my family family fam fam- I ily Uy affairs and caused mo more trouble to me and got her into the notion of going home t to her folks I He also said I I love m my wife wICe and children h better than an anything thing in this world We e asked him if he had been drinking and hey he said Have had two drinks today This conversation was h Watt had after we placed him In bed at t the hospital hospital hos hos- pital and before any my operation was made and at the time he ho was able I to speak plainly We could se see that he was getting weaker and we did not press him with any further I questions As we were leaving the room Ballantyne told the nurse to call that policeman back The nurse told Rogers to return and he did and Ballantyne said to him I I will tell teU you w who o shot me It t was either Marriner or Jack Mr Riley did not noth h hear ar this statement but but heard all of the other conversation ab above ve stated The nurses nurse's n name me 1 is Miss Saul but we do not know whether hether or not she heard tho the conversation After we left the hospital Mr Dir t y Gih J J. J t TJ EV V. V NING NG A ARogers AJ Rogers said w lye we went went back to the no house I and Mr Riley went into the tho house and there saw Detectives s Egbert and Wire and I Isaid Isaid Isaid said to them Y You u had better go over to to the hospital you hospital you may get I some dope from this young man mane 0 low before e e he dies He is very ery j The statement Moreton believes I is admissible as evidence of a n deathbed deathbed death death- bed statement from Ballantyne death j Funeral Funer l services for tho the dead man manwill will be held Sunday afternoon at 2 o'clock In Inthe the Ogden Ninth ward chapel The body will lie Instate in instate instate state at t the Uhe Larkin Undertaking Undertaking Under Under- taking company chapel 2 5 South Second IJ Ban ast 1 street Salt Lake Lale from 9 a. a a. a m m. until 8 3 p. p m. m Thursday and Frida Friday and at the home of his parents Mr and Mrs James E. E Ballantyne Washington Washing Washing- ton avenue Ogden Sunday 1 from 10 until 1 l. Interment will vilt be In Og Ogden Og- Og den Og-I Og cemetery DOCTOR DENIES INTERVIEW The police received received word from froIn Dr Ezra C C. C Rich physician to 10 Mrs Ballantyne widow of th the slain man today that he could not allow her to be Interrogated d at present as to to her knowledge of the details involved in the killing kUling of Ballantyne In Int a statement Dr Rich said sald Mrs Ballantyne's condition today is worse and I forbade forba e any interview inter inter- view with Salt Lake police oUi- oUi |