The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-29
JOHN BENSON SENTENCED.
He is Given Ten Years in the
Penitentiary.
SHOULD HAVE BEEN MURDER
Chief Justice Zane Says the Evidence
Authorized That Verdict.
Motion for New Trial overruled and
Notice of Appeal Glven-A1rs- Benson
Overcome with Grief-Arguments
In the CIawson VS. CoalvilIe.

In Chief Justice Zane's branch of the
Third district court the arguments by
counsel on motion for a new trial in the
case Of John Benson. convicted OF the
voluntary manslaughter of Dr. c. O.
Elliott, were made. Colonel Montgom-
cry. on behalf OF Benson, read list OF
twelve objections in support Of his mo-
ton. in which he claimed that the
court had erred in various ways in the
rulings made during the progress OF the
trial and instructions to the jury. The
colonel held that evidence had been
ruled out which ought to have been ad-
1nitted and vice versa. In particular,
he objected to the disallowance Of the
challenge in writing made and filed by
the defendant TO the panel of the jury.
He also contended that the verdict was
contrary to the weight of evidence and
law of the case, and further that the
verdict
SHOULD BE SET ASIDE
on the ground that the judge, after the
charge had been fully delivered to the
Jury and taken down by the stenogra-
pher, and several hours after the jury
had retired, and in the absence of the
defendanS-and his counsel, and in the
absence of the jury and when the court
was not in session, materially altered
and changed the charge to the preju-
dice Of the defendant and caused the
same TO be sent to the jury, and that
the additional instructions were con-
sidered by the jury in arriving at a YER
diet
The colonel dwelt at great length on
this objection, and at last the patience
Of the court became exhausted and his
honor interrupted counsel by SAYING
hot al oh,
made, and that he didn't want to hear
any more, and overruled the motion for
a new trial.
Judge Howat then moved that SEN
tence he pronounced.
The defendant was told to stand up,
and upon Judge Zane asking him
whether he had anything to say. replied
that he had not, as he thought the
court was we'll acquainted with eli the
circumstances OF the case. His honor
said the evidence in the case in his
judgment made out
A CASE OF MURDER
and in some respects a very aggra-
waited one land that although the Jury
had found a verdict of voluntary man
slaughter, he did not consider they
We're warranted by the evidence in
finding him guilty of the lesser crime
OF that he had no doubt. The court
in the penitentiary for ten years. the
longest term fixed by the statute for
voluntary manslaughter.
Colonel Montgomery-We desire tc
except to the sentence of the court and
to ask for a reasonable time in which
to prepare a bill of exceptions. We
would also ask that sentence be stayed
until we may make an application fol
certificate of probable cause pend
ing an appeal in this case
Judge Zane-I do not think there is
a probable cause
Colonel Montgomery-Very well; vge
viii address an application to the su
prene court of the territory, which the
statute provides we may do.
Notice Of appeal was given and sixty
days allowed to file a bill of excep
tons.
A SCENE IN COURT.
Mrs Benson was in court and occu
pied a seat by her husband. She weep
bitterly while Colonel Montgomery wa:
making his argument, and when Judge
Zane was passing sentence her erie
was uncomfortable. She moaned mos
piteously and fell upon her knees ant
clasped her hands in an attitude O.
SuppIication for mercy, and when hi:
honor directed her to be removed from
the courtroom, Colonel Montgomer!
and Bailif Sprague tried to soothe he
and tenderly assisted her into one O
the witnesses waiting rooms, wher
she went into a paroxysm of grief
Tringing her hands and almost tear
ing her hair. After sentence was pro
nounced, she was joined by her hus
band who was also greatly affected
and tears coursed down his cheeks
After a short interview with his wifi
and brother, be was removed to tn
penitentiarv and the doors close,
which sen2 rate John Benson from th
world for ten long years. Sad as tn
scene was and so affecting to the Off
Gals Of the court and the bystanders
the fate of the man he cruelty shot t
death was worse. and his wife an
relations We're Just as heart broken a
those or John Benson.