| Show JACK BROWNING ON WITNESS STAND TAND DESCRIBES SHOOTING District Attorney Asks Defendant Strange Question Still Unexplained Ballantyne About to Shoot When Marriner Fires His Pistol I I I r Ing SALT LAKE CITY Dec Dee Ly I l ling ing on the floor a moment after the bullet from Marriner A Brown Brown- ings ing's Browning's pistol had penetrated p d his throat Benjamin F P Ballantyne Balantyne lOOked up at John Drown Browning In who placed placeda II a pUlow pillow beneath his hi head and said sail Damn you tl Vt ft get you orthe yeto yet ThI was waa the testimony or of the Friday defendant John Fri day afternoon as a he lie gave gay fv direct evidene In his hl own defense that of his hili now charges chargo ot or tint first degree degre murder growing out ot of the death of Ballantyne The witness also testified that thata a 11 Ballantyne uttered littered the threAt his right hand was wa moving bout about In a groping fashion as aa If It to locate the pistol which had fallen at his aide and was partly concealed bOO be- beneath noath be neath his hl hip It was wa Marriner end and not John Browning who Sow saw I thin 11 1 ged danger er the l testified and picking up the load load- loaded loaded I ed wea weapon on placed It on a 0 table tabt cross a-cross the room HAD ONE ONtI THOUGHT The defendant could recall recal but butone butone butone one hadIn concrete thought that Me he had In his mind the tha afternoon of ot A April 9 as an he stood facing Ballantyne the latter with a 1 pistol pl tol In his hand an the defendant also holding a loaded weapon That thought the defendant ant testified d could be summed Bummed up In the one word Luger He fully tully believed In the tense tenso moment that he faced his hl law in before belore Marriner Browning fired tired the tho atal tal Stal shot that was about to point a deadly German pistol at him He that the I-Aiger I pistol Is as II a very deadly weapon and Is 1 u used ed by the tha German army John Browning was wa Wll on the wit wit- witness witness ness flees stand throughout the da day completing his hig direct testimony during the afternoon and for tor more than an hour was WIlS under ex crOlls-ex- ex croas by District Attorney D DA l lA EA A Rogers khI hl This had not been completed at the time lime court was adjourned and will therefore be resumed Monday mOrning At the conclusion of ot the days day's session Judge M L Ritchie ex- ex explaIned ex explained tei to the jurors that there thore had been some talk between coun coun- counsel coon coon- cooneel counsel sel eel and court as ns to the tho ad ads ot of holding a session of ot court In the Browning case on Saturday but the plan had hod been abandoned In view I ot of the tact fact that It seemed certain the case would run welt well Into the fifth week wet It was intimated along alons this line but not In open that the ca case cace c might not lie he sub sub- submitted submitted sub submitted to the jury before late lato next week FIFTH f CO This Is In based on the that at t least another day will Ie be required to complete the testimony a II half day to a day forthe for tor forthe the tho state to Introduce evidence evidene In rebuttal and possibly two or three days for tor arguments an and Instructions to the jury Monday wm will make the opening of ot the fifth week ot of the Browning tra one of ot the longest In the he history of ot the tho Third district court The first question put to John ro on en cross examination by District Attorney Rogers Rogen caused t 1 mild sensation In the courtroom and was not tollo followed ed by by bv enough additional questions to offer otter an ox- ox ex explanation pIa Mr Browning did you ever en- en enten en enter ten ter a plea of Ot guilt guilty to a complaint charging a a felonious of offense tense 1 the district attorney The surprise which the tho question caused had It Its effect upon the tho de- de defendant de defendant fondant but he quickly responded In the negative negate e Are you ou sure suro again questioned the tho states state's attorney NO again replied rt the witness I think I know Inow whit t you mean mt-an and a as I understand It no Thern Ther was not another question along that tine line and nd those In the courtroom Including the tho jurors were left to puzzle over what th attorney may ba bay e had In I With the opening nine of the after atter- non after non neon the defendant took up hs h's direct ct testimony at the point where he and Attorney W VT It H Reeder had donned their Ir o ls and prepared to leave loave the tho Ballan BallAn- BallAntyne Ballantyne tyne home about 2 o'clock on the afternoon of ot April 9 Mrs litre I Ba-I- Bal and her mother Mrs John JohnH JohnM If H Browning the smallest of ot the Ballant n no children and men Man M A Browning were ere alren already 1 In the ready really to tn leave lease IVe i We Ve had shaken shak n hands when all I at once Ben Den suddenly lert left the house and walked rapidly down lown the olde- olde side sidewalk i walk toward the automobile con con- con continued tho the witness He He Ho had hod said Mid nothing to us u previously as to his Intentions I followed him hini to the I Dorch and called to him to come comeback comeback back In the house He paid no at- at at attention to me mo I called to him hini again not to make a scene out on the sIdewalk but he continued toward the automobile I Ho tie had been proceeding donn the walk and I walked slowly n Ido In the same direction I dont don't re- re remember remember re remember member whether hether the tho car door as open or close closed 1 but anyway ho he reached bythe In and drew Lisle Elsie out by the arm Then he ho pushed her ahead ot of him to the steps that lead up to the private walk I was WIlS standing Ion on the private walk not tar far from the steps SISTER fAlES nI As lIen Den and Elsie reached the sidewalk she ehe said to me Jack you come too With that Ben n turned and faced me m and nab rais raising ling ing his clinched fist fiat said You keep out of ot this This i la Is something een Betty and roe me I told him that It if Elsie went In I went In too HI manner was threatening and his hi voice olce Indicated very hot anger Attorney In reply to a question from At- At At I torney Thomas as to shy y he had ha-d stated that If It his sister sleter I went in Ia th tb house houe he would go tol to that he was alarmed for tor her safety s Ben continued to shove Elsie forward I forward the defendant continued and nd she he continued toward the house under the momentum of his shoves hesitating and topping stopping Au As A Athey they reached the steps at the house houe beading up to the porch Ben Den gain gain turned and again aln shaking his I clinched tilt fist said to me You cant can't Ant com come In here I told him that I Iwu Iwas Iwas wu was oln going In and he stood for tor a I moment with hI his fist clinched s It if sif to strike me I was WAA standing on eli the elithe below him THEY TIlEY REACH DOOR DOOn As A I took a step tep up he hurriedly shoved Elsie Bisle ahead of or him Into the house houe I toll followed owed and when he got hind behind through the tho door I was close be- be be I I He stopped as he passed I through and with hi hia hili hand on the thedoor door It was wide wido open he said you Ill I'll kill you With that he bounded Instantly Into the library There Is no door leading from the tho hallway Into the library just an open space After Atter A 1 series of ot questions by the chief defense counsel the witness Indicated Ballantyne that he followed Ballan Balian- tyne Into the tho room and Stopped when he stumbled or came carne In con con- con tact contact with the end of ot tho the davenport which was WIlS along the tho east side ot of the room the end reaching almost to the open space apace I was Da as alarmed confessed the witness I suppose on the Impulse I I was less not conscious ot of any accurate thought In my mind but I 1 was vas alarmed Mr Mn Crowning Browning then stated In re- re re ply reply to questions that he did not I notI know where his sister went having paid no attention to her actions after atter Ballantyne went Into the library SWEEPS SWEEPS DOWN nooKS BOOKS I southend When you topped Stopped ed at the tho south Bendo end of ot tho the davenport what did Ben do was nas ae the next question qU put to the witness 1 Ben lunged Into the northeast f h corner cornel of the J room and swept a 11 pile ot of books from bookcase DOOK cue case u u a i low how low book book- Did that reveal anything anythIng- Yes TYes Ys I saw A a pistol When Whon you fIrst caught sight ot of It where was wag It Ben had it clasped in III the middle with his hie left lett hand What did he do with It handle He clasped It Instantly by the with his right han hand Do Dp vou ou recall having hallIg said thing anything thing any any- our own piston pistol Yes JI As lIen Den lunged Into the Corner Cornor ot of the room I reached for tor my pistol and said Don Ben dont don't do It I have yOU Covered Did you have hate him No I was ilas just In the act of drAwl drawing my pistol What didOU did vou OU mean Dont Don't it doi I i have do you ou used those Words when yOU Ho was I think In the tho act of tho books from the book book- case bookcase or they had just tall fallen whole en the thing was a 1 tl flash h from the Um time he bounded from the hallay hall hail way nay ay Into the library until It all 0 Os pr Cr was When you ou called out Dont do It were you afraid I t was as very much Touch frightened you saw the tho 0 ou afraid gun were Yes Yea Indeed WhEn you first the thc caught eight Bight of ot gun what did you think I y had i only ono one thought viiu a as I remember I I Perhaps thought I hid Md It ia vas a other Im- Im but not a II clear thought that I can recall Whet What Is a Luger An automatic pIstol What about Its deadlIness It Is n a high p power Dower Is I andIs used heed by the German pistol and andI army and I think some somo others When you drew did vu su u do o that to your OUr own gun gua yourself self It protect your- your I Ies Y fOS of ot COurse Where on your our person penn was w s It In my ray overcoat Os 0 pocket Did lIen Ben display to desist Intention after Arter yo you Ou spoke tn te him or himor after ha ho seized the til itol DIDN'T SUE ErF MAn RIVEn ThAre Th re was no sl nt ig 01 n of ot falter In my falter Ina It was one ono ment movement move moe Tie Thie defendant nt explained that t he here dl did not se M aae Marriner Marri como come Into th he house houss j jr end and did not know lenow Where ho was t that nt he heard his cousin cx- cx lIe Ite wile keepIng r ric hi ye e ic on or o lIen Ba-lIen tn he explained Did Did you fire tire your our pistol the No I did ld not Did you get lIet your sour J pitol on a line with Ben intendIng tn fire donot I had hilI it pointing at him I do not know whore where I inc In almIn Wasn't slot slot- WIt What Wh t happened before lIme aimed yoU As T J brought the Ih pistol un I said sa-id Isaid once more Dont p do It ii time old Aid ho he was facing me at that then whit what happened I beard bard MArriner's voice 11 side 10 at my almost shout Drop It It It 0 drop And II t the ne next t thing thine I r r heard a eliot ahot hot Did you see ree any sip sims of nn a an as Hammer M uttered the WOI 1 Drop It hest No o there thore wa was no sl sign n of ot heat heat- taU W When on fired what hap p pen pencil happened t to Bent Ben en ento to Den B D n remained 1 erect for tor a 3 mo mn moment ment T J haven't nv I Idea of et the time still holding the tha pbs pis- pl plIn tel tl In his It hand Then the pistol dropped Bens Ben's knees gave WI way un under 1 r him hirn and he went nt down n onto lh tina finn 0 I I Then 1 n ii f did vou on see se e miner Ma-miner It rIt It may have haye been een a tt s second or orIon Ion tOri second I cant can't say ny before t I I looked around round I r didn't actually s i striper M until after Don en t fell ll Th Thin n we stood side by side for tor a second Or two POI peas bly several A Sec After Atter a while l we went ovel t where re ha he le was lying KNEW HE lIE WAS TIVE TAIVE The Tho witness explained that lie hI knew his hi law brother we was wu not notI doll dead a l for tr the Inu Injured d man n tied had l I his legs lea leg le a out they had bad been drawn up when D he lie sank to tho floor hi ht body we was not en- en entirely entirely en entirely still and nd thereas there was some He added that there were ere 1 slims signs 11 which made him con con- con conscious of ot th the tact fact f ct that thit the man nun had hadnot hadnot hadnot not bern n wall waa-ca 11 1 0 over and arid bent do down st t hi h 4 put both bath hands hand under his Ms head and lifted It UP continued the I picked up a II pillow pUlow from the daven en davenport poSt port ott and shoved the corner of ot It under Bens Ben's Ben head hend but I noticed a drop of ot blood gathering on oft his lip and tho the thought Occurred to me m thAt ho would be better off oft WIth Ills his lie head on the floor so aO I tossed the tho pillow aside alde Did Ben say anything asked Attorney Yes replied the witness What Ho Ha said Damn Domn you Ill I'll got you yet t What did you and Marriner do after atter that T Ben rolled his eos eyes from frond one to the other and moved his head slightly at the same time Then he moved his right hand to and fro tro in this manner the witness Indicating a motion from side elde to side with the tho palm downward Marriner leaned forward picked up the pistol the barrel 1 was v-as slightly under Bens Ben's hip and nd walking over overto overto overto to the south side of ot the room placed laced it on a table REEDER HEEDER COMES COl IN Di Do you remember Judge feeder Reeder coming Into the tho room I do Marriner niner had just picked up the pistol when Judge Jude feeder Reeder came In He said My lord boys bOYI what happened said Ben had tried to shoot me an and that I IBen he hid h fired tired feeder needer with strong emotion said Its too bad had boys boye too bad Marriner told JUdge Reeder he had better botter telephone for tor forth th officers but I that he bo call aU ll a-ll a ft doctor first Then Judge feeder Reeder said sold he would hava havo the police headquarters send lend the am- am ambulance am ambulance so Ben Brn could be ta to ken to toa toa toa a hospital without delay The then testified d that he saIled ailed up Arch Browning over the t before the arrival ot of the police pollee officers rs and of ot the de- de detectives detectives de detectives who responded to the Ule call etI c He testified that hat both he lie and Mar Mar- Marriner far far- riner niner answered all questions question asked nd md also volunteered information lIe He did not tell the tho officers that te he forced his wa way Into the tho house the witnesS declared as al th the door had stood 1 1 wide Ide open op nTO n nTO TO 10 PROTECT SISTER rISTER He also aiM te that hi his only object In entering the house was to protect his his his-Bister sister adding that manner was wa such as a to frighten him and that he had no thought of ot doing anybody an body any harm In reply ly to further que ques questions gus gus- on direct examination Mr Mn Browning Bro said eald he was wal not an ex- ex ex pert in the use of ot firearms espe espe- especially cape cape- especially daIly with regard to the pistol but tha he lie would have havil hR no difficulty difficulty culty hitting an n object as os large as a-a aaa asa a 1 man nian across a small room He added t that at he had plenty of ot op- op op opportunity of ot hitting Ballantyne twice before he fell to the floor toot Muc of ot the cross examinatIon ot of the witness concerned the sep see sep separation matron agreement drawn rawn up by At- At At Attorney torney Reede Reede- and ond the mount amount th thit t tW W Sc's to have hove been paid Whom questioned as to the purpose ot of the tha 1 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