Evening journal., 1892-05-31

Twelve Men Are Chosen. - Evidence
Tending to Show That Benson was IN
the Company Of the Prisoners ON Thanks
giving Night-Ho Was Drunk and
Swearing 4 Witness Who Had Good
Eyes-Poter l.. Cooper, Jr.. Counsel for
the Defence, Ratties CIother-The
Canal Patroiman Saw the Body ON
Christmas, But Thought it Was a Log.
George Henry IIutt. Julia Hutt. Daniel
Miller, alias 'Redden, and James John.
son, all colored, were placed ON trial for
their lives In the court of Oyer and
Tcrminer this morning.
The crime with which they are accused
is the outrageous murderof Noah Benson.
an aged negro who lived near Delaware
City The murder was perpetrated ON
the night of Thanksgiving Day. 1891 The
nude and headless body of Benson was
found i'm the Delaware and Chesapeake
canal on December 26. following. The
head has never been found. but the
body was identified by son Of the
murdered man.
Judge Grubb presided Associated
with him were Judges Cullen and Hous
ton.
The Prisoners Marched In.
AT 1907 o'clock the prisoners were
marched from the cells below the Court
House To the dock in the court room.
Considering the fact that they have been
imprisoned for five months, their appear
ance was good
George Henry Hutt H. tall negro with
a smooth face. with the exception of
small moustache. He is a man with "a
good physique and face that is not
vicious In its expression
His wife. Julia, is short negress.
whose face is far from prcposscssing. She
wore a black straw hat, trimmed with
light green ribbon and white and pink
flowers Her dress was of dark brown
cloth
Miller and Johnson are small negroes,
with vicious faces.
Cooper Wants Attachments.
As soon as the case was called up bv
Attorney-General Nicholson. Peter L.
Cooper, Jr. counsel for the prisoner.
asked for an attachment for Marin john
son, an absent witness. and that James
Carmile and Joseph Coleman. witnesses
confined in New Castle Jail be brought to
this city. His request was granted.
The jury Drawn.
Forty-three jurors were drawn before
the jury was secured as follows:
The Jury-James Gearcy foreman;
Marshall II. Jordan Walter S. Money.
Moses b. Flemming, Samuel J. Mccall.
Joseph G. Mousley Samuel Moore.
Thomas g. Porter, james II. Frazier.
Theodore W. Hanf, Frank r. Mcguire.
Robert p Barr.
Expressed an Opinion Edward c.
Fennimore, Henry Price, George S. Hop
kins.
Conscientious Scruples-John w.
Scarborough, James H. Polk, George C..
Aston, John o. Sullivan, Thomas j.
Ector, William p Reynolds
Challenged by the State-lra +. Fore
man. Harry Podham, William w Nailor.
William b. Hall. Frank A. McCloslxey,
Pumall S Daniels, Thomas W. perree.
Challenged by the Defence George
Carter, William'J. Wingate, Henry L.
Dyett William H. Fcnnimore. John r.
Lefevre, John @. Stuckert, Albert VOL
laston, James Crumlish, William W.
Wilson.
Excused Harry A. McKinsey, on ac-
count of deafness, c. q. Barker, Patrick
McGrory.
Absent Henry Il. Lua, Samuel w.
Handy.
The additional Oyer and Termincr
jurors were discharged from further at
tendance
The Indictment Read.
Deputy Clerk Of the Peace Eliason read
the Indictment II was very lengthy
document. During its reading the
prisoners listened eagerly to every word
uttered by the deputy. They had
aleady pleaded not guilty.
Nicholso for the state.
Attorney General Nicholson opened for
the state He said that the grand Jury
had. after a careful examination. found a
true bill. The state had given the prison
ers able counsel and all the money neces-
sarv TO secure witnesses for their de
fence He reminded the jurors of their
solemn duty.s and defined the degrees
of killing He said that the state had no
witness who saw the crime committed. 1t
would depend upon circumstantial cvi-
dence, all pointing to the guilt of the
prisoners. Further than that the state
had self-condemnatory statements made
by the prisoners. The last time the
murdered man was seen alive he was
in the company of Hutt, Johnson and
Miller, going towards Hutt's house The
mutilated body was found in the canal
near Hutt's house and subsequently iden-
tilted
One Of the bloody rags was a drawers
band It was taken to Mrs Beck. wife
of Noah Bensons employer. who identi-
fed a button upon 1t as one that had been
in her button bag for ten or twelve years
and sewed on by Benson several days be-
fore the crime
Tn Jail the prisoners were heard saying
that If the woman Hutt would hold her
tongue the state could not prove any
thing One of them had shirt on with
blood spots upon IT, His fellow prisoners
advised him to take il of. He did SO and
It was afterward found wadded
up I'm his pocket. An expert chemist
would, ne said, prove what kind of blood
it was
In conclusion he told the jurors that
they must bring in verdict of murder
OF the FIRST or second degree The coa-
dition Of the body was such that the jury