Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-05
TRIAL FOR MURDER.
The Killing Of Dr. c. 0. Elliott Of
GTantSYllls, Under Investigation.
JOnS BENSON BEFORE THE JURY
hcBridc's Turn NeXi.-Wsarying 1T.
fort to obtain a JurJ..-The
Case Opened This Afternoon.

Fow criminal trials In tho Third dis.
iricl court have excited more public
Interest during the laoi TOW years than
that which Is now engaging the time
and attention OF Chief Justice Zane
and a jury.
The accused are Hymm Mcbride
and Joha Benson, two young laboting
mou Of Tojelo county, who have been
Indicted for the wiliul murder OF DIR.
Charles o. Elliott, at Gfnntsviile, on
Apfii l7lh Of the present year.
Council for the prosecution are Dis
tfiot AttorueyJudd AMI Assistant Dis.
irlct Attorney Howat, with when
Attorney J. NJ. Hamilton IL associated.
Tho accused axe defended by Judge
LooibouiOw anu Colonel Montgomery.
The whole u yesterday afternoon
was consumed In the onipanelirg q a
jury, ami whon the cour, adjourned At
$3.50, seven Jurors only had been ac.
,optcd. This morning, uuon tho AZ.
scnbhng Of the csur., the task Ut
selection was again proceeded with.
IL was 1915 when the panel was CON-
pioicd uy the swearing Ia Of the twelve
into whose hands the fa.u Of the Two
defendants viii presently be given.
Seldom has more PATIENCE aud care
been exercised ~ counsel on both
siics on thu trial Of = murder case In
this district Than has been hpst0we on
tho ptesont occasion, aud out Of thu
fifteen pcrcmmory challenges allowed
ON each sldu ten were exercised by tho
prosecution aud fout ty tho defense.
Tue jury, ~ hualy determined up
on, stands a. i0iIowt! DAVID l., Levy,
u. Y. GolJing, Murray Godbv, w. a.
Chapman, Joseph Miller, W. H..
Lawrence, Adhur Cumming, r. u.
q. Hvspu, II. A. smith, W. u. ID.
Burnett, :. a. Lesver, J. e.. NAylur.
As stated IN yss,oidsy's Nhws, the
trial OF Benson will be disposed Of
nfsI separate trials having been
Agfrcd upon. Buus0u-whU IL ether
wise known ns Beugstnn--is "a decent.
| ~ uFsstnt, houcrt looking fsl!OV,
| ABOUT 80 yeafs Of axe. His wife hnI
| Histcf.in.lnw occupied cbaifs immtdi.
RtUly brhlud him iron almost tho
] liut moment be was brought iutO
cuusl, auu three of Brnsou's children,
fauging Ia hKe from about tSo
and hall 10 SIX Year,,
were also thots. Tho youngest
u these the defendant nursed
upon hiu knee; heotnrr two bestowed
tnuif childllh affection between mother
nni father by turns, all unconscious Of
their parents serious POSITION.
There was a very large number u
/ spectators present, many from the
ncig Of EVANSVILLE. Inc iu-
vesIigaiiOn Is expected ~ occupy near
/ ly a wntb.
The iac,s incidental to tho killiug OF
/ Dc. Elliott, 20 far NJ eau DO learned NJ
| this lime, Afs that the deceased was
the family physician Of BuusOn, Ho
/ had brun attending upon the dvioud.
aups wife, who eventually informed
| her husband that Elliott hal assaulted
her IA manner which she dvscIibcd.
| The DOCTORS arrest iOllOsoi. lie, nOa-
ever, uuiied the accusation maus
against him, and gave bond tor
/ $1,000, pending tie itollminafy hear
/ ing, % secure his release from custody,
! Mcbride IL BUusOu's wtio's brother.
and GA April l7th tho Two men nlut
| Dr.. Elliott near Gfgntsyille, upon mis-
| return from IOUole City ia a buggy.
| 10 (. alleged that they both Hired upon
him, two OF the shots taking fatal effect,
the One penetrating his neck AMI thu
other his breast. Death resulted ON
the following day, and the defendants
were shortly Afterwards tnken into
custody.
When all tue jurors had been
sworn, Assistant District Attorney
HOWat informed tue court that hs
preferred 10 reserve his opening state
ment ior the prosecution until after
Tecess.
just NJ the court was about 20 nd.
joufn, at 1898, District Attorney Judd
said II had come 10 III, knowledge that
the court Laillils dii not quite UNDER
stand the full force VI the oath which
they had taken with references
TO the keeping OF the Jurors
separate aud apart from all
other citizens and holding no communi-
cation whatever with them. lie
wished therefore that his honor wuuli
give the bailiiis special instructions on
that matter; at the same time, he did
not mean 10 assert that those oil Gers
had acted with any wiliuiiy wrong
intent.
Judge Zane said the bailins must, OF
cOune, clearly understand their duty
In this regard anu thon turnei the jury
over 10 Bailitl Nielsen for safu keeping
TIL pm.
When court reasHemblrd the case
was Opuned by The prosecuting counsel,
aud the inols briefly detailed.
The iirHt witness called was George
Il. Judd, OF Evansville, an eye.
witness Of the tragedy, who was un-
der examination when tho NEws TO-
porter left.