Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-11
IN THE BALANCE
BelsOh's Pale viii 30 Decided Soon
By the Trial Jury.
SPEECH FOR the DEFENSE.
Judge Judd to Make the closing Argu.
mcni,-Thc Case May De Given TO
the Twelve hi, Afternoon.

Another large crowd Of listeners was
piclent Ia Judge Ziue's couf, this
morning, on the closing day Of the
Benson trial. There appeared 70 DO
Increased in,eres. In the proceedings.
The Jurors are beginning to present
n vary wosficd look 40 thc result " tue
close attention which they have been
paying 10 the case Tor week pat,
having remained under the wajcrfll
care o. a ba ilnr Ia entire time.
The de,enIautis mother, brother,
wife and children were there again
today 20 also were Mrs. Elliott, her
sister, anu the deceased Doctors
brothor occupying the same places US
before.
When court adjourned yesterday
afternoon Assistant, District Attorney
Howat had MAZE the opening aJifrs,
Tor tie prosecution aud Judge Ll1,.
bourow mad concluded the opghing
/ speech for the defense. ruis morning
Coloucl Montgomery began by Ad.
dressing tue court on the LEGAL aspect
VI tie case aud read from u numuer Of
! judicial decisions urnflug thereon. He
also submitted iOt tue judgt's clnsii.f-
alton lDug list Of typc.wrtleu sug.
| rrstions from tbs de.onst's point Ui
/ view.
AtlO'0O the colonel commenced his
| fumaf.s 90 tie jury, anu began by say.
! iuy that he approached ms tnsk with
some regret, with some indignation,
| hut WIN rtrirc hope BIZ % ihu result.
While 1t Was the duty Of the prosecution
| 10 rtu tuat ihU guuy ui. u1t escape
| puhrhmvuti % satt equally thv duty Of
| thU court % protect the innocent. 81
| lar ~ tho huiuu auu conduct OF tue
| IreerCutiug counsel iu this case were
| concerned, they hgi sought 10 tusn
] the prosecution lot a persecution. a
| trial of this ms. nj .uuuHuu inheritance,
] where tue quyttiun Ui "a mama life Or
] death was involved, should be- conduct.
/ sl on au h1utst aud caaGld basis, aud
/ GAu matter Oi hJuB OF uRys was a
| email confederation, The colonel
| HpUku c0mplaiuiugly u the manner 10
/ which counsel on tne other side during
thls thai hal "lapptd anu eutwiued
objection alter 0Ljtcuou,n until tuiLe-
times the judge himself seemed be-
wildefci, aui also save vent % hia
Indignation as t1warIa the pr hccutiJu
Tor what no termed 70, mOustruus and
unlustiiiaUlc attack upon tue witness
| Hedges, the prosecuting attorney iuT
T1oelu county. h. referred sutcasiic-
ally 10 tue "iOug line o female .os.
! slYs" Cnlltd 60 the wituUss stand, a. II
thou ruiculrd the suggestion Of the
assistant prosecuting attorney, that a
| plot mad been .nCUctcd % lake the
u o.oi's life. That, he vowel, existed
| only IN thg imagjuaticl " tlIt assist.
ant district attorney, aul WIS Iu no
| Wa auppIttrI by evidence. IL wap u
/ ue 3bsritg inu utlou 10 utclvc tue
Iuiy. Tbs d,f. udan, In tnis catu, he
10, was a yuuug man OF humble
/ bigtn, 10 ullcI education nnJ hau bvJu
! '.glt ell Ia thu occupation Of shptp
] raising since @ csur b this country.
| lie next proc Clcd & draw a lu'as 10
picture 10 tnn happy numr nj tue
defendant ana hi- VIE HtGmnfuvlI.p
ifum the unio uf their Maria - go ], ht
l yuAl8 rgg-tbey IN that humulH aDOie
I res tctFI ami lived by tnvIr tutiyu.
] non until Dr.. Elliott came upon the
scene and played tho villain'i iR1t.
During the CUiunePB recital tho
| Defendants vito sobbed bitterly, ns
/ also dId Benson himself anu his
| mother. When reference was made to
/ tue deceased doctor, Mrs. Elliott, tho
/ WIDOW, was also moved 10 tears ant
/ covered her face with her hand. al
would like, "said Colonel Montgomery,
go tell you Of the grand, glorious Rud
| honorable career that that man Eiiiott)
| might have had-Oi the grand, honOr.
able record ho might have made; but
! alatl l am unable 10 do that. II thefo
Is one mRnwho should be- trusted m 5To
th,u another Il isthc family physician,
| who taken into tnu bosom OF the
family, anu TO whom il entrusted the
! liyes, nay, more, the virtue aud
| well.being Of that family. VINO
| possessed the confluence OF John BEN
/ sou2 This wolf In shoep's clothing
| who invaded the sanC!iiy Uiali Benson
| possessed, who, forgetting the laws ~
! urcrnCy, the laws 0f God aud the laws
! OF mau, took advantage " the woman
/ whom ne was attending IN her lines,
Ia the absence 0f her husband, ami,
who, HAD that hu5ugud caught him in
his vile act, he would have been JUST.
He'd In shooting on the very SPOT"
The colonel was la tho m ollie Ji his
address when the court adjourned iJr
luncheon,