| Show m DEFENSE IN BROWNING CASETO TO REST TRIAL NEARING END Marriner Declares He Shot To Ballantyne-To Save Life Of John Testify To Good I Reputation Borne Bv By Defendants Defendant I Sie l I SALT LAK-C LAK Dec 4 Th nt- nt torno s torn 5 for A n n- n nIng Ing aril Jack ere wr e- e ei to announce this that they had hod completed their de defense of the th against he het t 0 Ogden men accused ed of or shoot shoot- shootIng Ins thool-Ins Ing F in Lak lj t April means that arguments bv the tatE and pI bly be started tomorrow and the cas casmay may mav s l t to the jutS jury on I Bro n nine 11 K I e his i pr- pr slon er-slon slon of t the he Monda de- de d that he lie shot only olliS be u e ehe he tel Ballant no would kill Jak if did he-did not lIt himself tire fire at Dal- Dal Dallant Bal lant lant n I d to the stand today for forn fora n question Marriner add ald tha that t at atthe atthe the tim tm he h rushed into the he did not know that Jack cu- cu curled cir ried 1 1 pistol Se Sem Sc nial m l witnesses 1 were ere called too to today day to testify as to the and of ot the Dro Bro boss Te John atson the Jev John Edward Dd er H Wattis IT II W agen of Uie Ule union 11 UH H r E B r DInsmore and W lI d Scow croft croll all of ot Onal n al W Adams of Salt Lake DIDT oW 1 ABOUT T Itne testified that th Bro bore the of being and la law abiding were on croas- croas cross e l e ton It they knew B 0 carried a a lest cst pocket ns as Marriner had he They said salol the they did not this Dr r a dentist of Og- Og Off den Mn le testified ho had seen a a pis- pis pistol pis pistol tol In ia pocket on one oe- oe oc occasion ca casion lon ind Marriner hid tol toM him he cal rl d It b causa of ot threats All in C Strong assistant eash- eash cash nr J r of tho Utah Sato Sate National tes- tes when Benjamin Ballan- Ballan tin Ballan-tin ts ne and turned 0 o er er his 1 9 lie told the thc ca that lie he c a settle settle- settlement settlement ment ern the th Y U D UT noo R OO Cross e Ot John Bro nine Monday Ion av by District At- At At Attorney torney torne U 1 A OUght no mat nal changes In III the bv Iw the defendant on dIrect e The lr he stal stalled ted to drav dra Ills 0 11 before he lie saw a athe the pistol in ne lanol but that this was as due Jue to his hi brother In law brother la laI I s 5 actions lie also said Mid that his 0 n pistol was as not nol pointed In tile th direction of ne until the had the pistol from the 6 raised andas and was as brInging It into a position for tor firing Theer were ere not mOl e than two or three questions ask a k d d tir tho wit witness ness nells on re lamination Compared to tho time that his and defendant co-defendant was as on the stand Marriner Y Brown Brown- BrownIng Brown In Ing was as before the JUTS jury and court courtless courtless less than third one of the time He a not In a position to testify as to the between bet een the nes during their life liCe us as was wa th case cas VI when hen John Browning tes- tes tes testified and he was not questioned In any detail to what at the thc home horn on the afternoon of tho As a preliminary to his hi recital of e on the afternoon of ot April 9 Marriner Browning that was 33 ears cari of age ie Lad li ed In InO InJen O Jen hout his life Ilfe In 1912 HI 2 and h has s Ivo t 0 children both O s five and eight eurs of age Ith exception of three or four ears ear spent on A t ranch after hi from high school chool he said he had been connected Ith the enterprises by the J Jand M J and M S company of Ogden QU WITH BE Ite He had Iad known n Mrs rs Elslo Dro Brown Dron Browning n- n nIng ing fr e e r since ho he could er he testified and had ery Ery clo ely associated wIlh his cousin John Drowning for 10 years year The only business dealings he had had In which hI ame into direct contact with th lamin F Ballant Ballantin ne was when he the tarm In Prior to 10 the day of the Ballantine asked Attorney Attorney Ma- Ma Ma defendant No replied the Xo quarrel no words word or difficulties ot o any kind or anything that mIght enuse sou ou to ba ha o 0 an III J to ard one er crAs I As to beating o of bet een n and his wife the th witness that he had heard ct cf som omo but no particular att attention to 10 It Sunda April S 8 the day of the conference In Ogden At that time he said his fattier r il M S Uro told of ot the separation that had been l Did sou ou know knoT when hen It had been arranged for tor John Browning to go godo do don n to Salt Lake to present t te agreement 1 I No 0 the defendant He HeI H I added that his hl fathers father's statement ng had transpired at atthe atthe the Ogden conference cont was as ers brief UV nr O PISTOl PISTOL PISTOL- I Det Details ll of the purchase ot three on December 29 9 1922 ter I the bS by Thomas H R Beeson that had been made ere much the tame same as previously testified fied to by other witnesses Mr I Bro added that 1 h had carried a small et PIstol for tor some time previous pre to that dle and it was this pistol I l which Beeson Deeson ha had 1 declared to be too too sma small II I i He testified that ho Ie asked his cousin where he Ie was hen saw him his hat and coot coat In the tho office of ot tile the company about 1030 10 30 o'clock Monday Mon Mon- company day day morning April 9 It was thon John told him he ho testified of Ith trouble between bet and his wife of the tir and his going to Salt Lake Lako to effect a ai settlement nt on the tho ment I i ment Marriner said his agree I cousin ga c him to so gO along haling ha pre told It R Y I of tile the Utah Central Coal compin that he would confer conter with here on the mine mineI I Alter After the ear eary incidents latter lafter their al at the the witness was ro detail what IM he h heard of the tho con con- con vers Ballant as between Ballant ne John and Attorney W I II Reeder Jr WI I I heard some loud talk and I some profanity from Ben said ald I Dro and It I ed cd arrangements were ere made tir LIsle to co go to pirden dur- dur durIng ine dur-ine Ing the time tim that Ben was u going to sober up ret et straightened out One Onn I heard him say that he I could drink more mor whisky than ans man In Utah that It didn't seen seen- to maco him drunk but that things just kept kepl getting blacker and black blacker er they just faded out I d Ilm tell JUdge Judeo Heeder REeder It wa wa-i wa a rood good thine the they brought any bluecoats bluecoat along or there thero would have ha been be n mur mur- murder murder der V lIh that I p perked up a bIt I bItI and my recollection Is he used the or l murder r Id I'd bet on it As a matter ot fat fact I didn't I a great deal of all that said ard arod didn't want to hear bear It but as Ben burst forth In loud tall I 1 couldn't help some I nl also o heard rood good resolutions I about his drinking and heard him aak ast somebody to break a bottle I MOt the time of the departure the house prior to the shoot shoot- I ho he witness Bald he went Into i the loom lom where and andI Reeder were and picking I I up Ills his hat and coat from Ule couch said ald lie he would help John M II Drowning and Mrs Hal Hal- Bal lant no pack up the th things they th ere to take with them At Atone olle tIme whilo he happened to be beon Hi th floor the th 1 testified said laid to him him- Ion M I think iou ou are 4 man and a wi Ise o man for out of ot this At the e im time he h said lr Jle had one on thing thimi th witness and then tool him to task for to ede l- l ledge I edge some ome which Bal Bal- Bal had s sent nt from Florida ta Was IS there an thin thine occurred to tomake make sou OU mad o or cause cau o olt ou to to Injure asked the defense Why no r the th defend defendant ant Were W re Y Yu you u angry at t him tt at any t I me t day 1 not nE GIVES as to th Im- Im Immediate mediate prior to the the th defendant tory In substance wa as COllow I heard Ben order his hi wit out ot the th car In lather Iother abrupt terms and saw him tithe Uko her h r by the th arm armand and h help lp her Iler out In no gentle fashion Then he lIe shoved hov a ller of ot him towa-rd towa the tir hous I Jack tell Ben to leave leaf her alone not to make maka a scene cene About that time I Den Ben turn and shake ils Is fist at Jack telling to 1 1 lout out of ot It Jack told Ben It Ell Elsie went back In the would BO 10 bock back too When I saw Haw Ben with his hi as It he was going to smash Jack I thought Id I'd bettor get be- be be thim and calm Ben down I In the direction of ot tho 1 hen ben I got on the t from the tha public sidewalk I asel Reeder hat Ben was to lIe II said he h didn't know but that I had better with Ja k Dy that tJ time Jack Jacl was up to ard the house hour with them and andI I saw Raw Den Ben turn crab the t 31 l 11 tr to close It Thin I heard Ben sear and I I I sa III kill you Hi He shouted it ito so o T couldn't help 1 It nd Ith that haLh hp lot loose ot of the th door jumped back and disappeared to- to toward to toward ward the west vest With that I let letout letout out on tho c d run toward the thedoor door All A I went In I think Elsie went oat t he he had her hands hand up to her head and In a Trifled terrified voice Hell kill us all When I rot got the door 1 went In the th same aam direction that I Ran Den go but I came cam lIu denly upon Jac Jack JIe II waa at atthe the 1011 h end of ot the couch barely Inside tile lIle doorway leading Into the and I think that I was KO- KO x o Ing 10 fast that I 1 touched him be- be be before tore fore I t could stoP stoPs top AB s I earn UP up- up to the th back he heu howa u elc ele hi his arm with his pis pistol tol In his liand Bon was q I whirl Inc Ing wih Ih n run gun In his hand lland and andas I siw him I 1 reached for tor m my gUn Drop It Ben TIen It Ho stop o I tired LS KY UC SHOT 1 shoot the Why did you SOU asked attorney To Den Ben from Crom JaJe the wItness replied Did ou think there was as dan dan- danger dan ger ot or Den Ben Jack I SUI sur e did Would ou have hae shot Den Ben ex- ex except ex except for the th tear fear he would shoot Jack C not notto to q I no malice no wish to hurt him Xo No You you didn't aim at his hlad 1 I didn't havo hll time tim to aim an anyplace place Mi 11 Browning would not admit that 11 hi classed classel as an expert shot the pistol but admitted that ho a was experienced In the th use ot th tel model which he h was carrying IL ILE nAv c E US MISSED EI Th Th ift I isn't any doubt but wha sou ou oula ha hae e lilt lut him in the th heart or at that vou is there asked the th at- at at attorney torney I couldn't cry cry well have miss missed ed cd the witness The witness then described the manne of ot Ballant nos no's no falling to the floor the tact fact that h he raised hie head while 11 lie John Brow Ero pla n II pillow under It and that It wu found necessary to remo the e the 1110 Did he say Yes Tes he swore and then he said I ct ct ou u yet After ACter he had made that state slate statement ment the th witness said sald he h or o or and grabbed the pistol lying t concealed under nes ne's hip too toot It the tho weapon lapon 0 o er ex across the room and laid it on II table n explanation of this ho he said ald he sa Ballant no hand ino mo and he was as afraid the tr wounded man might I et hold bold of the pistol Had ou any feeling sou ou anted Ben to die aske t At- At At Attorney torney torner of ot the man ac- ac accused ac accused ot of firIng the th fatal tatal shot Ot course I 1 didn't replied the defendant Cross examination ot tho defend defendant ant failed to bring brin out that he Iad lant gi gia en a different eulon of or the tho po- po positions po positions held b by himself and John at the time the th shooting IBro re enact for tho police of Ho den denied It'd that John hall stood near noar tho t phonograph at the le of the th library opening It was so close to the tir north Jorth side eld ot the ho hG Insisted d that his arm touched the th wall 1111 aj he h past John to tire Ire Tho witness also declared that had understood dearly clearly was as to lea e lea the 1110 house ly and also de- de de declared ored c that ne It too Ho He said when hen Dallant ne had como rs while he h WaN up thero ther with Mrs s Mrs r Browning he had Ind said It would be b all rIght for to her to so 0 ut lo Ogdon sobered up SO far as lie lio Wae sva acquainted with the details of the th arrangement he said they were going over to tho and take tak the th two to n without them lAyIng to their father tather DIDN'T l TAKE Questioned nl Questioned by y thi tho dl str t at attorney torne torney aa as to hi his ability with the tol the defendant declared that he was wa none non too calm at the th time of the th and that bo ho took aim whatever ao lIO tar far as th of ot the gun eun won Ino I expected him to drop the Gun I the tho witness and and until the th list Instant I lust Just had time to pull the tir hadI I Th rhe witness titter after making some In the th manner In which Ballantyne la III alleged to havo bringing Inc down don do n tho run gun de- de declared de declared InI I that he h did not want to Ballantyne but simply had to fire fir to stop him lIm his practice of carry carry- carryIng inc Ing a II pistol almost constantly atter the warning ghen by Beeson In Ogden the tho adm admitted thit 1 he cal the weapon whether wether he 0 In Salt Lake Lale county or In te He H also thatA that A L A L ho 10 had carried the th vest pocket pistol almost constantly for tor 10 or II 15 ears car be before foro that were sou ou hen s said ld us all asked tho district attorney I wasn't I 1 was run run- running run nine ning liko the tho dickens replied thE He H described his position as about halt half way ay between the th sl lewalk and tho house when he heard Ballantyne make the th threat to kill hi his law brother the de- de defendant de defendant The Tir cross examination ot Mar Dro was completed Mar Mar-I nearly an hour before the usual time tor adjourning court ourt so the e called William M a Salt Lake attorney to the witness stand He testified to the good character and reputation ot both but particularly as to John Drowning He H said ho had that defendant for about 20 ears ear and was as a a co member th II him In the Bear Blar River Club com com- com company pany This witness s was only ro S by the district at- at attorney at attorney torney Also Marriner A Drown Brown DrownIng lne Ing resumed the th witness stand after the usual the defense defenso In- In In Introduced Dudley II Tabor toll su- su superintendent su superintendent for tor the Mountain Telephone IJ Telegraph com com- com company pany for lor the purpose of In Ine e se seen se cn en slips covering long distance telephone call These calls ered those referred to the testimony mony as lne ha Ing been made from t G up to and the Gay of the shooting |
