Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-28
HE GETS TEN YEARS,
FOR rnE KILLING or pn. rLLIorE
Judge Ianc Considers The Jury We're
Far Too Easy.-No,Ic, Of Appeal
Mrs. Benson Creates a Scene.

Tho arguments by counsel ON motion
for q now trial in the ease OF Jonn
Henson, convicted recently Of volun.
tary manslauyhter, ,fIsing out Of tho
killing u Dr. G. o. Elliot. az Grants-
vliiu, wcfe made before Judge Zane
THIS mJtuin.-- ho prosecution repre-.
teu'oI by Assistant District Attorney
ho"aI Ia opposition 70 the npplica-
Ton, aud the go.uudaut by Colonel
Montgomery and Judge L1olbourow.
Ihu defendant was present, having
been brought down from the peniten.
uary. Mu, Benson sat beside her hus.
BAND ns during tho progress Of
ms long trial, Eud cried bitterly while
'hc Arguments were preceding.
Colonel Montgomery read a lengthy
ilai Of objections iu support OF hls mo
ilOui Among them being yaiioua
alleged orrors Ia The rulings aud In.
s'ructllna VI tho court. Oue Of these
rulings WAS the disallowaucu OF tho
challenge In writing made aud filed
by ihcdvieuJant 10 tho panel OF the
trial jury. 10 was also contendod that
thc verdict was contrary TO tho welght
Of evidence aui law ui thu case;
further u was Insisted that tho vor.
dict should be rot nbido Tor the reason
that tue Trial judge, AFTER tho charge
had been fully delivered 10 the Jury
orally aud takun down officially by
tho stonogmphcr, anI several hours
alter the jury had retired, Ia the ab.
sence u the defendant anu HE counsel
huu In the absence VI tho Jury, and
wncn the curt was not la session,
materially altered and changed the
charge % tho prejudice OF the defcnu-
aut and caused the same 10 be- sent 10
the JURY anu IL was 90 considered by
them Ia awning At their verdict.
Col. Montgomery made tho most
~ tho last named objection; but Judge
Zane melaphoricaily put down his foot
upon tue counsel by HAyiug nv last
"lhere was no substantial change; 1
40 not want o. hear any more"
His honor uvorfulrd the moiion fora
new trial ami Judge HOwAt, who said
lac iid not wish ~ address the court,
then moved that sentence DO pro-
nouncod.
The defendant was requested 10
stand up. Judge Zane, addressing
him said he hud been found guilty by
the jury, Of voluntary manslaugnter
anu asked him whether he had any
thug o. state.
benson-I DOM think have, sir;
think the court Il well acquainted
with all the cifCumsta nces OF tue case.
Judge Ztnt-rhe evidence made out
u case, In tho Judgment Of
the court, 4 murder, auI
Ia + me respects very aggravated
one; ana while the Jury have found
you guilty Of voluntary manslaughler
the lesser crime-l do not consider
that they were authorized 10 DO 90
upon the evidence. OF that / have no
doubt / am Therefore Of opinion that
The court should sentence you 10 con-
iinemunt In the penitentinry for the
longest term fixed by the statute for
voluntary granddaughter. You will 10
sentenced 10 confinement IA the peni.
tcutihfy for a term Of ten year,.
Colonel Montgomery We desire to
except 10 the sentence VI tho court aud
to ask for u reasonable time In which
to prepare bill OF exceptions. We
would also ask that sentence be- stayed
until We may make an application for
q certificate OF probable cause, pending
au appeal In this case.
Judge Iine-t DO not think there Ia
a probable cause.
Colonel AouigOmery-Very well;wo
VIII address an application 10 tho
supreme court OF the Territory, which
the statute provides We may 10.
Notice Of appeal was accordingly
given, sixty dsy = being allowed ~ iilo
an d settle a bill VI exceptions.