Show N JUDGE JUDGE REEDER DESCRIBES EVENTS LEADING TO TD TRAGEDY Marriner Browning Rushes Into Ballantyne Home Upon Hearing Mrs Ballantyne Ex- Ex Express Express Ex Express press Fear Her Husband Would Begin Shootings Attorney Says On Stand Special Dispatch SALT LAKE Nov William WIIIIAm 27 IN IH Reeder Jr Ogden Ofden attorney to- to today to today day gave hf his of vf the moot mooting In ing of Benjamin F Ballantyne at atthe atthe the trial of A A BrownIng and Jack Browning In the district court Judge description of o the events Immediately leiding up to the tho shooting came at the close of Wi hi hia testimony whIch began with Ith hIs hill description of the tho conference at whIch tho the details of or separation between the Ballant n s was die die- dis In Ogden Oden Judge Reeder Bald eald e ld he was wai WI not In the when Ballantyne was shot hot and police reports reports- that he ho hAd said ald he was nas in the house houge were In- In Incorrect incorrect In Incorrect correct VERSION OF OP SHOOTING In substance feeder Reeder story etory was ae 81 follows Ir Mrs Ballantyne her mother end and Marriner had gone out to lo the Icar car I was standing outside the front door when Ben came out of the hou house e went to the car jerked hIs wife wite out and pushed her up the walk Marriner got out of o the car and stood tood near the auto uto When Mrs Urs Ballantyne and Ben paused passed John jut just outside out the house Mrs tyne Ballon-tyne Ballan- Ballan Ballantyne tyne said Bald something to John Ben Bensaid said Mid something to the effect that John should hould not Interfere as this was wan 18 a matter between him and andEl El le John declared he was nos going In fa When Ben and his hie wife reached the threshold I heard Ben say he would would kill herk her k MARRINER CO COMES IES UP 4 Marriner had come up and he asked What I Is Ben up to now When he be heard Ben say Bay he ha Would kill Marriner dashed Into the tho house bouse Just Just before the shot hot was fired I heard Elsie say Bay Oh he will kill us ue Mr Mrs Ballantyne was coming out as the shot abot hot was fired and she ibe ox- ox exClAimed ez ClAimed Ha Ho ha haa killed Jack Judge Header feeder said ald Mrs Ball Dall tyne n-tyne tyne seemed on the forge erge of not not- lapse lapse ool-lapse e and he placed her In la the The Tho cro examination cross of Reeder Reader was ow done by County Attorney Arthur E E Moreton H He questioned Reeder about the conference held in Ogden at which the separation of the Ballantyne wa was discussed ed The judge had tee tes- tes titled testified on direct examination that Marriner Browning had not been Included In the plans to make the Salt Lake trip the next day but had happened to have a bu en- en In Salt lake and so 0 went In la the same Bame automobile How was van as It the the- county at attorney attorney I torney asked Reeder that In lour our testimony about tho the conference you said you ou agreed alreed to go with them to Salt Lake Zake to effect a settlement Whom dl did l you mean b by them PIPERS I Judge Reeder replied that lie he had probablY used tho the term torm them In his testimony but meant that ho he Intended to accompany Jack only to Salt LaKe LolIe because the plane plan called only for Cor Jack to make the trip The Tho papers drawn up containing an all agreement ag cement for Cor a were Introduced as e evidence over the ob- ob objection objection ob objection of the state and read to the court and jury The papers set forth Corth that Mrs Ballantyne nag as to get a 0 divorce and custody of oC the children The amount Ballantyne was to was as not The space apace was waa left blank But the papers provided prodded the amount should hould be depo deposited In II a bank to be paid to Ballantyne when the divorce was obtain It an extended confer confer- conference conference ence between b tween the court and nes ne nets s on both sides to dispose of 4 Question of law which developed soon Mon after the direct examination of Attorney Reeder was opened Rather than excuse the jury from the courtroom during the argue argument mont ment Judge R I L Ritchie sum sum- summoned summoned summoned counsel on both sides court reporters and newspaper reporters into luto his chambers for the discus discus- discussion sion slon The controversy resulted from questions put to the witness s as to asto what hid developed at nt the con con- con at the Ernest Ford home In O Ogden dec on the Sunday ing preceding the shooting hooting regarding events so o fAr foOr back as the Florida met Inci Incident dent referred to by Mrs Ballan Ballan- Ballantyne Ballantyne Ballantyne tyne on the tho witness s st stand nd Also the tte matter or of o defense witnesses re- re re over and over to alleged threats made by Ballantyne an objection by the state states state's neTs neve neT J The he result of the conference was that Judge Ritchie ruled out for forthe forthe the time timo being at nt least any ny refer reference en once ence co by the witness Reeder to th the Florid Florida Incidents or to another incident nt related bv by Attorney Thom Thom- ThomAI Thomas as AI Marioneaux In to his hI opening statement to the jury regarding Ballantyne ne once having shot a a hole through h Ills his hat t to make appear he had been attached by holdups i j i ho he curt court I also SO ruled that the tho mIght testify to alleged ts ouch Guch as had been shown hown to have been brought to the attention of John Browning Drowning one ot of o the de dc de- de defendants Attorney Reeder then proceed proceed- proceeded edo ed o 0 testify that at the Ogden con con- con conference ference renco Mr Browning had ad told him of toe the events at nt the tho Ballantyne horse hONe on the previous Thursday when Jo Joseph eph Olson Ballant ne s lie He law brother was present Mid acid he was as n as Informed Olson had said it was wa a at one tine tl ti no for Cor him him to step between Ballan Ballan- Ballantyne I Ballantyne allan allan- tyne type and his hi wife to prevent the from doing hr harm he d The he statement wits tho that thit Ballant II at lime had h d said ald ho he would clean clan up upon upon upon on the whole molo Browning Bi owning family And might at start art on you indicating Ir Mrs Ballantyne The rho witness was wasi told he tI tied fied d that Mrs Mr Ballantyne had hid In- In In d over the telephone In con con- con vu v ration with John nine Browning that she he wanted T anted a Q divorce e and he lie was Instructed to prepare preparo aro an agreement along Iorg those lines Going to his of of-fico of fico ice after leaving the Ford home ho said fold he h drew drow up lP a rough draft of such illicit an agreement and after sore Idt alterations nero ero mude the agreement which which It wa was proposed to present r sent to Ballantine ne the tho fol Col folio thI io lo ing nay day wa was drawn In the J JM M t t M S Browning offices tile the next morning ron The Th defense defenso sought ought to Introduce both bOlh of the tho documents In but District Attorney E A A Rogers objected on the grounds round that they wire immaterial and At- At Attorney At Attorney torney Marioneaux contended that th the documents we would uld servo to ito g to the t e charge that the tho defend defend- ante had haj gone to Salt Lake for an 1 ful act and would prow prove that they really had made mado thu trip on ona ona ona a lawful errand J 1 1 0 Ritchie reserved a 0 aloi Blot lOI on the state s a objection Indi Indicating eating cating that he h pI preferred to tea learn rn all that had taken place on tho th of the shooting before beCore ad- ad ad the documents In e or retiring refusing definitely to do no so 1 the he therefore Vo were ere not read Into the record at the tho time al al- al altho althou tho thou h duly Identified as de tense exhIbits In the case Attorney Roeder r testified that he In company with Joh John Brown Brown- BrownIng Browning ing log and Marriner A Browning left lett Ogden about o o'clock lock Monday morning In John Brownings Browning's auto auto- automobile mobile were made by de- de defence tens de-tens fence counsel to show how how Marri Marriner ncr ner A Browning had happened to tomako tomako tomako mako tho the trip but all Que questions along this line Hr were ft ere excluded by bythe bythe bythe the court on the objection of th the state elate s a attorneys ARRIVE E AT HOME They arrived at of the Ballantyne BAllant ne nehe he home me nn East First South street this elt city about 12 o'clock noon according to the witness After a statement nt that It would be Impo- Impo ethic for tor him to attend to tho the busi bUHI- busi- busi business business ness which brought rought him to Salt lIo I as It was waa wa about the luncheon hour Marriner A A A- Browning saId h Ire would auld go FO Into the house e and see Elsie Mrs Ballantyne the thewl nM testified were met at the door by byboth byboth both Mrs Ballantyne and her mother r Mrs Irs John M Browning Ballantyne It was afterward dis discovered covered being In the west room the tho witness said Bald or the room room re- re re referred frred ferrod to te during tho the trial as the library Marriner stepped Into that room for tor a moment but did not remain romain long Mrs Ballantyne ne was crying the witness said so 0 11 put his arm arro about her hr shoulders and they went away That did John do asked At- At Attorney At Attorney torney torny Marioneaux He stood up talking with Ben while I sat at down In a chair In the southwest corner of ot the room sold said Attorney Reeder John said saidI ald I Isle had told him to come com down and fix up some ome papers I said ald I understood d that he wanted a sepa- sepa separation sepa separation epa epa- ration agreement and that I had prepared one and had It with me mo What was waa his re response pon e He Fe Te said ald You Tou go to hell What condition was he In 7 He was wasi under the Influence of What else occurred I told toh him I had come como down thero In a friendly spirit and then ho he came over to where I was vou and took me ma by the hand and said he was sorry orry he had said eld what he had hadlie lie He Bald ald ald he wanted to talk some matters over with me mo I told him himI I preferred not to talk about the agreement because e I could tee see he h w was In no condition HE lIE ADMITS DRINKING Then Th n he told me he h had been drinking and drinking pretty hard for tie the tl post pMt tow few months and had to quit the hank lank ank because he was IllS In Inno Inno Inno no condition He Ho said Bald he wanted a rut rest and tad that he didn't have a chance at the bank anyway He mentioned some man there and said ald he would see Bee to It that his hisson eon on was advanced and that others would advance their relatives at atthe atthe atthe the banI bank BO so o that there wasn't much of oC a chance for tor him The witness said ald l hr hI could not re- re recall re recall call whether hethel John Browning was present during that conversation He Ho said Elsie Blabs could have had him nd advanced nd d Attorney Reeder continued but that the she wouldn't Al Also o that John M H Browning could have made something out of or him but he wouldn't He said Elsie hadn't been fair or else she would have In instated Insisted that he be bo advanced lIe He repeated many times time that she was a cheat About that time he h Bald he be wanted anted v anted to show how m around the house We Ve went Into the dinIng room and John Browning was there He then told both of ot us that ITe ve had been fair to come down downan an and talk things over man to man Among other things that were salt ald then Iff Mr Ballantyne said e was glad that we hadn't brought along any bluecoats and that It if we had th there re would have havo been a kill kill- killIng killing kill killing ing John laid ald we wo weren't trying to pull any movie show or some some- something some thina thing to that effect With that sir Mr let out an oath and said aid ho was not an actor NO NOTORIETY WASTED WANTED John Joha then explained to him him what hilt he meant was waa that he was trying to adjust matters In a frIendly way and did not want no- no notoriety no notoriety any ny morel more than Mr Ballan Ballan- Ballantyne Ballantyne tyne did During that conversa conversa- conversation conversation tion Mr Ballantyne referred to several time times Ae At I recall Mr Ball Ballentyne nty e Jettus us soon oon after the tha r remark mrk about the bluecoats and went Into the kitchen Shortly aft after r that lob lob- I ob- ob observed observed served Marriner A Browning In to the dining room en Mr Ballantyne all came coma back he walk ed cd over to where Marriner was vou standing H Ties i said Id to he didn't didn't think Marriner had hod treated him right while he had been residing In Florida Mr Irr Ballantyne said that white he was wa down there here he Marriner had hd sent some lome grapefruit to Mar Mr riner and that Marriner had failed to Marriner acknowledge receipt of o It It 1 fAr leat old ald ho had written to E ELIe Bl le l lat at the th time and thought that it was 1 as a family r in Uy letter and that Ben had bel been duly war aware of his hi n appreciation Mr Ballantyne denied that th that t was wa Any thanks thank to him A A As Marriner had however hed he said d Id that was wu all What condition wn was Mr Vr Bel BaJ Bol- Bol In at that timo asked I the defence chief counsel He He wa was under the tho Influence or of liquor replied tho the witness and mucous from the his hi nose floss WOOS was run na running Ding ning do down Bonn n h his I lip Up Continuing his direct testimony Attorney Reeder Roeder said Ballantyne also ook ook up with John Browning I something regard to a 0 check checkor checkor or draft for 76 75 which had not notI I been returned to him when an nn c nc- nc ac for tor some ome firearms firearm at the tho I Ero Groaning Store tore In Ogden had been I closed Mr Browning the witness s sail ll offered to see ace sp that Ballantyne got his money money back It if the store tore had hod not already refunded Jt t Then rh n Ballantyne went wont Into the tho hitcher again and the tho attorney said ho Colo ld him out there relating his COOl conversation In substance B an as Ito Ho was nas sitting sIlting at ot a little table with his head l burled buried In his hl hands hand I told him It was nas regrettable that lie he h hid hd d been heen drinking and he said I he knew It I told him It was hat bad example ample tor for his children that if IC I Ie he wanted to continuo continue drinking and wouldn t t stop his family ought to go awo Ho Ito said Bald then that Elsie O Ile could do as liS she sho pleased Then we left tho rho kitchen John Browning wa was In iii the din din- dinIn dining din ing In room and as nearly as Ill I can recall I said that Ben was willingto willing willingto willingto to have the family go away awny wn Ben Benthen Benthen then spoke up and sold said he would do what whatever er 3 Elsie CIle wished John asked him It if he be should go O up and ask aak Islo and Ben said ald all right I told him I thought though he ho was as doIng tho ho right t thing ron FOR m When When John came back ho told Ben TIen that Elsie l 1 wanted named to go gOAn away Then Ben said Mid ho he would go so and find out for lor himself John Browning accompanied ne upstairs the stated while whilo J Marriner r A Bro Brown Brown- Browning Ine n- n ing remained with him on the lIng ground floor They were ere Pone one only n It minutes and was wn I th the first to return Rieder stated lie He He saId Bald to mo me that he t care caro What hat she he did according to the witness as as she hadn't been I fair Call Attorney Reeder testified that i then Balantyne Ballantyne walked around iii the t he ground s round floor room rooms of C the tho hou house finally going Into the II- II 11 it tree and putting a r record cord on the tho phonograph started d playing tho the see se- |