Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-12
THE VERDICT GIVEN.
John Benson Found Guilty Of YOIul.
tary HanslaugdtgE
rnE JURY OFT TWENTY HOURS.
The Defendants Counsel Intend TO
Move for a New Trial, -Mclirldu's
Case TO BE- Caild Saturday.

Case to BE- Call.d Saturday.
IL was close upon 4 O'Clock ycstcr
day afternoon when Colonel Mont
gomery closed his address to tho lufJ
ON behalf Of John Benson, whose trial
for the wiIful murder Of Dr.. Charles ..
Elliott, at Gantsvllle. last April, has
taken up whole weeks time IN Judge
Zluo's court
District Attorney JuIis closing g..
ply for the prosecution occupied about
Two h1urs aud a quarter, aud the
courts charge TO theJury followed. IL
was hal'-past ak o'c!lck when tho
Jurors retired TO deliberate. In tue
course OF his instructions Judge Ztuo
Informed the Twelve good men aaa
true" that they could nnI the defend.
ant guilty under the iudictmcut,i IL they
found him guilty at oil, chafsiag
murder Ia the frat OF second degree, OF
OF voluntary mnuslaurhtcr II they
lhouli iud HIM guilty OF murder In
tho nrsi degree, they cluli recon.
mend imprlsOnment for lie as tho
iunishmont.
Colonel Montgomery stated that he
desired 10 take exceptions to thu charge
ON several grounlf, particularly where
his honor had used the term "murJcf,"
counsel Insisting that Il should have
been homicide.
Court took recess ull s O'Clock, at
which hour Chief Justice Zane was
ngaiu Ia attendance, aud remained
around the building until lOp. m. At
that timo a message came from tho
jury room that there vas uo prospect Of
an carly agreement, 10 his honor de-
parted and the Jurors were locked up
Tor the night, the whole u which was
passed Ia o discussion Of the case.
IL had been expected that the Jury
would render their verdict upon tho
opening Of c0ur, this morning AMI In
that hope n goUdly number Of pefsOua
had gathered iu the court room, but
| u 80 IA became Whispered around tuht
| the Jurors had not yet MADE up their
minds. And 30 the morning were On.
/ NOt n word could be- heard
from the Jury room, ami judge
Zane made no inqulry-at least
not publicly-as TO the prospects, Of an
agreement. At 1880 the weafiel
| Jurors were seen marching along
West Temple street, guarded by n
/ couple Of cUurt ba.lills, on their way q
hotel, Tor luuohtoD. Their faces
wore very haggari look, and told
plainly Of loss OF sleep.
VOLUNTARY MANsLAUGuIER.
The Jury after being out twenty
hours came into c urt ut 9:l5 this after
noon with "a verdict Of voluntary man
| slaughter,
Judge Howat asked that day be SO,
| for sentence.
Colonel Montgomery, the defund-
ante counsel, answered that lac In
| tended 10 submit motion Tor new
| trial, aud wanted a day named Tor It's
Argument He said be desired at east
"A week TO prepare his statement, with
a view that II should certainly to more
| than formal,
Judge Zane-Let II be set down for
next Saturday week, lot l o O'Clock.
Judge HOwat next asked that "a date
| DO nXOl for the trial OF McBfiur, the
/ defendant BtnsDn's accOmpliCt. lie
/ did not want II TO 20 over the term.
Colonel Mnntg observed that
/ he hau an application 10 make 70 tho
/ court la regard to McBfide's case,
| which he thought would dispose OF IL.
| lie would do 30 ~ soon ag possible.
Judge Judi-Let the case be set down
| for trial IN the meantime, anyway.
Judge ZAne-Make your motion for
"A continuance on Saturday next.
Col. MontgUmery-W may not
make an application Tor a continuance,
bur we viii make au application Of
some KIM 10 the court.
At the request Of hicBrlde's counsel,
/ the Judge made nu order r the bring.
log down Of Mcbride from the peni-
| Tertiary nj 10 u. IA, tomorrow, IN order
that his attorney might hold con-
sultstion with him.
Col. Montgomery had a confidential
chat with Benson lust before tho
latter was removed 10 the PRISON.
| house,
It's stated that the jury who tiled
| Benson were at "all fuuts" up 10 with
| In sh0r time before tue verdict vas
| handed ia. About six Ut the number
| ground OF the defendants insanitY,"
and tho result was compromise ON
voluntary mRuslaughter.
some sf thu jury complain ! udly
OF tho attempt o. "ireeze them 10
death" In their room. Said one OF
them; "rhe engineer Of the building
shut OH the steam about 10 O'Clock
last night, and there we all were
shiveuug with the cold from that time
| on. We argued the case from tho
time we left the court room yesterday
afternoon until O'Clock this morning,
when some OF us began 10 feel rather
sleepy, and after "A very short respite
We started In again, 1t has been n
trying time Tor US"
The punishment prescribed for vo-
luutary manslaughier Is not less than
ono nor more than ten years,