Show ATTACK M MADE DE DEN ON N MURDER IN FIRST DEGREE Attorneys for Eor Brownings Open Arguments in Pr Pre Preliminary Hearing on Charges in Killing Case DEFENSE MOVES TO DISMISS COMPLAINTS Prosecution Holds Evidence Evi dence Warrants Holding Defendants for Alleged Cold Blooded Murder Murde Absolute failure on the part of of the Ue state to to prove even that a crime had been committed when accordIng according according accord- accord Ing to their own Omi testimony they hadan had hlll hadan an available a eyewitness to the crime was charged by Attorn Attorney y James H. H ine Devine of ot Ogden opening the argument of the defense in the preliminary ry hearing of or Marriner r A. A Browning and John Browning b be before fore Judge Noel S. S Pratt this mornIng morn- morn Ing Mr DevIne referred to Jud G W. W H. H Reeder jf Qt Ogden whom U tIie state testimony declared was In the too room when Benjamin Denjamin F P. Ballantyne was shot In his home East First South street t In the early afternoon of April 9 9 Why didn't they put Reeder on ri the stand after they had subpoenaed him qu questioned Attorney Devino Devine In his his' address to the court The state knew that if it Mr MI Reeder h hart had ct been put on on the stand that he woud have corroborated completely tl the HH a statements which John Browning ma mado mache e to o Det Detective cUve Lester Wire DEFENSE ATTACKS CHARGE Neither Marriner Browning or r rJohn I John olm Browning committed a mur murder murder mur mur- 1 der r In the first de degree decree rec when one o of them shot and fat fatally ll wounded Bal Bal- contended Mr ine Devine whose argument followed an ad address address address ad- ad dress to the court by County Attorney Atto- Atto ney Arthur E. E Moreton setting forth the case of ot the state against the tIte Brownings The conclusion of ot the testimony b by both sides camEt came cama I at 11 o'clock this morning aft after r three witnesses had been heen placed on the stand by y the defending A Attorney torney Thomas 1 of Marioneaux Beck of Salt Lake followed Mr IT Devine In arguing to the court during the last fifteen minutes prior to the noon recess Mr Marioneaux 1 resumed his talk at 2 o'clock this afternoon and and it it Is ii said that he would be followed by Attorney James A. A HOwell also of ot the defense Attorney Moreton 15 is expected to tD close the argument late this afternoon with a renewal of ot hi his 1119 contention that the state has lids set up I facts to warrant the court courtIn In binding over both men men to the dis district district dis- dis court for trial Contrary to the general expectation tion that a R. motion for dismissal of or the case would be made by th the defense at the opening of ot court this morning Attorney Marioneaux l called Arch Browning a cousin of ot the defendants and a local automobile automobile automo automo- bile bUe dealer detler to the stand STATE ENTERS OBJECTION Almost immediate objection to testimony from Arch Browning Drowning was voiced by Mr Moreton Mr Marl Marl- explained that In the ca case I of the state there had been testimony testimony testimony mony to show that either Arch Browning or John Browning had moved the automobile containing Mrs Ballantyne Mrs John Browning Sr and the Ballantyne Ballan tyne child f from om of ot the Bal BaU home in order that the women women women wo wo- men would not Inot have to witness the removal remo of Ballantyne to the lance Detective Lester Wire 1 on ott examination cross-examination had testified that either one oneo o the other of ot the Brownings Brownl had asked permission to Lo have ha the auto moved Th officer was not sure he ho said which had done the moving The defense counsel counsel coun coun- sel eel by the testimony of or Arch Browning sought by elimination to show that it was not Arch BrownIng Browning Brown Brown- Ing who ho did the inov moving ing The significance of ot this move mo on the part of ot the defense attorneys 1 i 1 connected with the statements statement which Detective Wire attributed to John Browning Drowning in n the home after the shooting All AU of ot these statements statements statements state state- ments by Inference could not have ha been made by John Browning If Ir John Browning Drowning was o o Continued on pa page e 5 MADE E Continued from page 1 an automobile at the time that Wire Win S said paid he was In the house aid talking t to him I PHYSICIAN TESTIFIES AGAIN The second witness winess called caled by th thi the 0 defense was Dr John J J. Galligan who treated the wounded man man am an I who was asked regarding the com com- I fatality of a wound such 1 as as Balantyne Ballantyne received Dr Gall Galli Galgan Gal Gal- gan admitted that the wound was wa not necessarily fatal but probably probably ably so Dr Galligan was followed by T T. S. S Browning former city cOmmissioner cOmmis- cOmmis sOoner of ot Ogden who testified L relative to the marksmanship ability abl- abl abil- abil ity Iy of bt Marriner Bt Browning Marriner Mariner Mann Marri Mari Mari- ner tier said Mr Brown Browning ng In n substance substance substance sub sub- stance was a crack crak shot able to tomake tomake I make a creditable showing with a a pistol In hitting an object as small smal L Las smal as a cent 25 piece as far as feet ii He co could d have hit him in the I eye said the witness before he was stopped by Attorney Moretons Moreton's objection to the statement referring referring refer reter- ring directly to the relative positions positions' of Balantyne and Marriner In the room when the fatal shot w wait fl fired d. d uy isy y me cO combined testimony of or Dr G and T. T s. s Browning the state sought to set up that thai there was not any of shooting on the part of or Marri Marriner ner ncr Browning because If it there had been he was capable under the circumstances of having hit Balantyne Ballantyne Bal Bal- in the head or in the heart heat or anywhere he had desired so as as to kill ki him instantly and made Impossible tho the alleged dying statements which the state attributed attributed attrib attrib- to him This line of reasoning followed the theory that If It in fact Marriner Marner did the shooting it w was s I done ha hastily purely for purposes of ot self seU defense and that he did not have lave time even to aim and therefore therefore there there- fore rore Inflicted a wound which Dr Galgan stated would not be necessarily nee fatal fatall CO COURT RT OVERRULES MORETON The testimony of Arch Browning and and T. T S. S Browning was elicited only after ter most strenuous objectiOn I tion ton on the tle part of f Attorney Moreton but the court allowed the answers rs to be bo made Equally strenuous objection was entered to toa toa toa a n number of questions put to Arch Browning by Attorney Attore Moreton In cross examination In II the majority Ity of which the court sustained the objections of the defense forcing the state either to Chil change chancre e the I I i Ing ng of the tho cross examining q questions ques ques- tons or to omit them altogether In his statement td the court Mr rr Moreton said in substance that the state felt that H it 1 had shown sufficient evidence to at least enst hold the tho ho defendants for trial In the district dis- dis court He said It lt had been een shown that they came from Ogden prepared to take tako such action acton as a was necessary to remove remo Mrs Balantyne Ballantyne Bal- Bal 1 to Ogden that both were armed with high power weapons hat thet the they had arrived at the homo home homond and nd that there had ha been a it seeming frIendly conversation after atter which r. r they the defendants succeeded In getting Mrs Balantyne into the automobile surreptitiously DESCRIBES HUSBANDS HUSBAND'S ACT Balantyne he said sd saw saw his wife In the car ca asked her hr to get out took her by tho the arm and led out her toward the tho house He did not push her nr or threaten her said Mr r. r Moreton More More- Moreton ton but led her ler peacefully the home When Mr and Mrs Mm I got grit to the Uie door Ballant Ballantyne Ballantyne Bal Bal- Bal Bal- lant e turned and saw the Brown- Brown IJ hs following him He warned walne them tem not to come in told ten them h would shoot it Ii 1 they di did De- De pe 1 I spite the warning j John im Browning forced his way into the home and wet wept for his gun enn The shooting of Ballantyne Balantyne was deliberate crate erate declared d Mr Moreton The by John Browning at atthe atthe atthe I the the police poUce station staton afterward and testified to by Chief Clief of Detectives Riley M. M Beckstead I Beck lt It would look Just a little better beter if I had done the shooting shooting only only showed shoed said Moreton that both were prepared to shoot and that Marriner simply beat John to It I. I Attorney followed Mr Moreton and af after reviewing the evidence which the state had ui- ui t- t said that he failed to find even ven a syllable of ot it worthy worth of consideration by bythe the court as bind bind- i li to hold hod the defendants to the district court on the te charge chare of or murder In the te first degree as having hayI hav hay I ing ng lively deliberately and with wih malice maice aforethought taken ak n the life Ufe of Ballantyne He Hed d declared that the state had utterly failed to show that the defendants had gone to the Ballantyne Balantyne homo for the deliberate purpose of killIng killing kill kill- Ing him Even assuming that tat the shooting had occurred as the the state had outlined In their testimony Mr fr Devine said that murder in the first degree had not been established but at the most manslaughter ter This he said was the most that had been shown on the Uie as assumption as- as that all aU of ot the testimony of the state was correct correct TALKS OF REEDER REEDER Like a a n flash sh from the clear sky sy came camo the denunciation by Mr Devine Devine Devine De- De y s vine of the ie failure of f the tho state to place Reeder fleeder on the stand He Ho was the only eyewitness to the shooting aside from the defendants defend defend- ants according to the evl evidence ence of the state and yet he had not been called caled even een though sub sub- y WIy demanded Devine I ATTORNEYS AT ATTACK ACK NEWSPAPER I Objection to The Telegram re reporting repotting re- re potting porting the re I exact facts as they d developed in the Introduction qi evidence by the states state's attorneys was given yest yesterday in a statement statement state state- ment meat signed by District Distrct Attorney Edgar A A. A Rogers and County Attorney At At- torney Arthur E. E Moreton The I Telegram in the report of last Tuesday said that hat the states state's attorneys attorneys attorneys at at- h had d first stated that that Mrs Balantyne s testimony was ws absolutely absolutely essential to the beginning of the case and that they could not proceed without her while th the I defending attorneys had objected I to continuance on those grounds When en th the case case finally finaly did ld start the defense was wa willing to have I entered a deposition of Mrs Ballantyne's Ballantyne's Ballantyne's Bal- Bal version but the state objected ob ob the county attorney stating stating stat stat- ing he could go ahead without t Mrs Ballantyne Balantyne District t Attorney Rogers who wilt during the hearing has been present present present pres pres- ent at table yesterday with wih Mr Moreton signed a statement state state- ment in which they declared the they r are deeply incensed With wih Tho Th 1 Telegram because it I had pointed I out th the foregoing Incident of th the S states state's handling of the case The Thi SS S statement follows I Attorneys for tor the state are deeply deep ly Incensed at the note made by bj byThe r I The Salt Lake Telegram to the effect ef ef- ef that the state had been gui guilty of legal Juggling in the Browning case because they had at one time timi stated they could not proceed with wih I the case without the testimony o of f oI Mrs Benjamin F. F Ballantyne Balantyne an and andon I on 01 May 8 announced they were 0 for trial without her ready redy present In the interim Mrs Ballantyne Balantyne ha had I made a statement which evidently I had been prepared by someone familiar fa fa with wih the defense of the ac ac After having having exhaustively gone Into the case the states state's attorneys attorney's arrived at the conclusion that Mrs Ballantyne's testimony was not in In- In dispensable The state made every effort efort to interview Mrs Ballantyne Bal Bal- but without avail and it i be became became be be- came apparent that despite despie that fact she was interviewed and made I statements in conflict with the facts the state had previous re reasons sons to believe beleve she would testify to 1 Signed I A E. E MORETON I i County Count Attorney E A. A ROGERS I District Distrct Attorney Mr Devine ar argued for fr a a acon complete corn con dismissal a of the char charges o stating th that t the Brownings had hadnot I Inot Inot not been shown shown even to have committed corn com com I a a crime but at the most had shot a a a man In the act of I shooting them them Did you visit the Ballantyne fJ home hom on Ue the da day of the asked Mr Devine in opening the aske te examination of Arch Browning Bowning Yes At A what time At about Did you observe an an automobile automobile automo automo- bile bie h Yes i t Where here was it i About yards west from the cross walk to to the house and facIng facIng facing fac fac- 1 ing west vest Did you ou move the car cr WITNESS V CROSS EXAMINED No At this point the witness winess was given to the state for tor cross e ex The first question queston of the s state ate relative to the purpose I of the visit of Arch Browing Browning to he the the Ballantyne home on that day I brought a prompt objection from the ho the defense and after a long ong argument ar nr gume t the cross examination was allowed to proceed I What was vas the occasion of your our I going to the Ballantyne ne home homo that day asked Mr rr Moreton At the request of John Brownn Brown Brown- I Ing n r. r M t 1 What time did you ou get e there Mt About How did receive the you message message mes nies- sage to come By telephone How did you yu fix fi the time I said about I didn't look ook at my watch You are not sure within thirty minutes either r a way are arG you No rid Did Id Mr 11 Drowning ask to come como Yes How low soon soon did you ou leave heave I RESPONDED QUI QUICKLY KLY I Between five and t ten 1 minutes How did you ou go up Drove up In an automobile Did you take anyone anone with wih you Manwaring ld Who Wiio Wo o he An emp oye Where did dl you ou stop your car In Ill front of the tho house East Ft or west of or the tho entrance I am ara am net act sure but I think west probably a car length from the cross walk wane I IDid Did you see see- tho the other automobile automobile automo automo- bile bie J Yes Who Was aas It 1 ro j i vT A 51 Joh John Brownings Did you recognize the the car 7 iV WIFE IN AUTO Yes Who were they Mrs Ballantyne Balantyne Mrs J Jf Jr Browning Sr and a child How did you know it them I We stopped and talked Did you OU expect to find ther thier Yes I You Yo expected they would woud either at or near the Ballant Y Yes s J Did you ou stop or turn aroun roun Turned around and stopped think Did Id you get tout out and talk 7 Yes es How long ong did it I take Just a a minute or two ENTERS HOUSE Then you went up to the hous Ious Yes C What became becam of ot George M M. waring v He got out of ot my car and into the Browning car Did he ho then drive the Brown car cr away ty s. s Immediately Yes I Pursuant to your our directions Yes Wen When you ou got to the house you report that the Browning containing the women had b Of driven away Yes I think I told Detective I 1 bert bert Had Ballantyne Balantyne then been moved from the house Yes How long ong did it I take you ou drive from |