Evening journal., 1892-06-06
1T IS A LIFE VERDICT.
Julia Hutt Acquitted of Com
plicity in the Benson Murder.
PRISONERS WANT A NEW TRIAL.

Make Matters Worse An Old Case He
ing Retired.
The jury in the Noah Benson murder
trial reached verdict late ON Saturday
night and rendered verdict of murder
i'm the second degree against George
Henry llutt. Daniel Miller alias Red
den. and James Johnson, all colored.
Julia HUT was acquitted.
Attorney General Nicholson argued be-
fore the jury for one hour and IA half ON
Saturday afternoon His argument was
very able and impressed the jury won
deriully During the noon recess there
was hardly a man in the court room who
believed that verdict of guilty would
be rendered. But after Attorney General
Nicholson had completed his argument
matters began TO put on a different face
His address was followed by the charge
of Judge Grubb IL was very able one
and il took him three-quarters of an
hour to deliver IT, lie said, in part
"lf the jury is satisfied chat anyone of
the prisoners inflicted said wounds it Is
sufficient for the conviction of all the
parties who We're aiding and assisting in
the assault upon Benson, because in con-
temptation of the law. IL becomes the
act of each and an of those who were en
gagged and participating In the perpetra
tion of the crime then committed
"ln the ease before you the marks of /
mortal violence upon the alleged corpse /
of Benson show an unlawful killing aud /
there Is no evidence showing any ground !
for the plea OF self defence much less iusti /
iication You cannot lawfully find that /
lhis is a case of either justification or oX /
cusablc homide You win see at once that I
this is not n case of voluntary man
slaughter because there rs no evidence |
whatever of amy prov0cation or heat /
of blood at the time of the killing.
Nor is it involuntary m0nslaughtcr, be-
cause the evidence of mortal violence
upon the alleged corpse OF Benson--if You
believe it-discl0ses that the slayer was
doing an unlawful act. tending not only
to great bodily harm TO the deceased, but
: To produce his death. H. therefore, you
2 cannot lawfully render verdict of man
slaughter It viii be necessary for yOu 10
e determine whether the killingof Benson
s In case you shall find that me is actually
dend--is murder.
"lhe law presumes every accused per
SON TO be innocent until he Is proven
. guilty The burden is upon the prose
y cution. You cannot In this instance law
fully find that the killing OF Bcnson--if
You find That ho has been killed--is either
iustihahle or eNcusablo homicide. or man
slaughter You must decide whether
they are guilty of murder in the first
- on second degree II must be shown by
the prosecution That the prisoners. or
10 some of them participated n tine killing
Il of Bensun-if he be dead.
Before the prisoners cam bee found
p guilty of murder of either degree under
n this Indictment IL is imprratively i'm
cumbent ON the prosecution to prove to
u ~ lilo sIHffI.f
"Firsi-Ihat Noah Benson died on or
about November 25 1891 on within a.
y year thereafter and before the finding of
20 this indictment
r "sccond-That his death was caused
u by the means and I'm the manner described
" in this indictment and within this
i county.
y "rhrd-That the prisoners at the bar,
- or one or more of them committed or
ie aided and participated In the commission
u of the fatal act as alleged therein
D. AT o'clock the jury retired. speedy
. verdict was expected, but after the
y Judges, lawyers and officials had waited
y until 6o'clocl1 or a little after, and there
ul 'u was no indication Of agreement, they
'r went home.
ne The Jury took oigth ballots and at 0.37
o'clock announced that IL had reached a
~ verdict Judge Grubb was summoned
'u and took his seat ON the bench In the
y absence of Clerk of the Peace Biggs and
~ Deputy Clerk Elinson, who had gone Ia
is Middletown the judge requested Walter
lo H. Hayes 20 act as clerk.
The prisoners were placed I'm the dock
ct The expression upon their faces was one
of anxious expectation. The clerk asked
the foreman for the verdict lie said
I'VE find George Henry Hutt, James
.u johnson and Daniel Miller, alias Redden,
=. guilty of murder i'm the second degree
y. and Julia Hutt not guilty.
la Peter l.. Cooper jr, council for the
EN- prisoner asked that the jury be polled
e II was done He then gave notice that
le he would file reasons for a new trial ioi
~ the convicted men.
us The prisoners were sent back TO theil
o9i cells, Julia with them. as Judge Grubl
lu could not discharge her until the Other
- judges were upon the bench
N The Chief Justice Here.
er The distinguishing feature of th /.
ti- mornings session of county lcourt wa'
the presence of Chief Justice Comegys
who has been unable to oc
cupy his seat ON the bencl
ot since last November. His face was pale
N. and exhibited marks of his long illness
el but lac looked, as in the past every incl
or the judge.
ld. Julia HUT Discharged.
'se After some preliminary work JUL,
Hutt was placed i'm the box and OF
motion of Mr.. Cooper she was discharged
just before stepping from the box sh
'is thanked the judges, and bowed to tn,
ms lawyers who were seated i'm the jur
.oI box, John H. Rodney being foreman an'
isa Levi c. Bird third juror
.,e Mr. Cooper then formally announce
ar that he would apply for a new trial with
i'm the prescribed time The judge in
lam formed him that the motion would no
~ be argued until next Monday
m The special Oyer and Terminer juror
", ,,o were discharged from further attendance
,ad The general panel was discharged unit
lor next Monday morning at 10 o'clock.
The HUT Jury's Work.
The official work of the Hutt jury wa
as follows. Eight ballots were takei
First - second degree, 2; mai
lay slaughter, o; second-second degree,
e" manslaughtor 4 third-second degree
10 81; manslaughter 3; fourth-secor
No. degree, 10; manslaughter. ,. Four ha
,...r. 4Ita., ss1~n., Tho trafa rarnni