The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-11

explained TO him that manslaughter
was not being considered. and after
some argument. he joined the majority
and the vote stood eleven Tor acquittal
and one for conviction.
There was no further vote until after
supper. when the twelve men were
taken 10 III back Office Of the county
commissioners at the joint building and
locked up. Their. third ballot was the
same as the second. Then the argu-
me1t with Mr.. Jenkins was begun. The
jurors had read the courts charge
thoroughly, and they studied it close
~. They dwelt particularly on those
paragraphs relating TO the right Of Ben
brook TO remain in the restaurant, that
concerning the calling Of police Off
GERS to protect him. and that about
the right Of the defendant to act on,
appearances. These two paragraphs
were read to Mr.. Jenkins over and
over again:
Paragraphs Read and Reread.
I further charge you that if Won
Shall believe from the evidence given
before you in this case. that the Mer-
cndnlS cafe, SO-called. was a public
restaurant, where meals and refresh
ments were served by the proprietor
thereof 10 its patrons, and that de-
Iehdant at the time of the killing.
was there as one of such patrons. the
defendant had legal right to be and
remain there, and if the deceased ad-
Vanced upon the defendant in a threat
ehlng manner, and if the accused did
not provoke the assault. and had at tbe
time reasonable ground to believe. and
ala IN good faith believe that the de-
ceased intended TO take his life. or TO
90 ann great bodily harm. he had a
regal rlght to stand his ground. and
meet any attack made upon him in
Such way and with such force as
under all the circumstances. he at -ba
moment believed. and had reasonahIe
grounds TO believe, was necessary TO
save ms own life or to protect himself
from great bodily harm.
The jury are instructed thar To on
uue one to defend himself against a |
violent assault by another. he is not
required to first call upon the officers !
OF the law for protection, neither is he |
required 70 wait until he is actualIv
injured by his aSsailant If one is as
SauIted by another in a manner cal
culated to excite the fears of a. reason-
able person that he is in imminent dan
ger OF great bodily harm. he NAV
stand his ground and kill his assaii- |
ant II that seems to him necessary in |
oTder 10 avoid the apprehended danger |
he may do this though officers IF tho
law are present and are endea J,o-i IT, |
10 quell the disturbance. And he NAV
act upon Experimentation the cordi- |
uon OF things as they present them
selves 10 MS mind at the time. pro |
Nldeu mat the circumstances were Suf
HclehL 10 excite the fears of a reason
dole person and the party killing acts /
WhoIly under the influences of s1,cb /
But the jurors declare he was not in
elined 10 argue the matter He list
sned quietly 70 their statements and /
-Eeryone who was inclined had a /
rhance at him. Several more votes
'yere taken and the result still remaineS
the same.
Inc twelve men became weary and /
me lone juror was tired out. Several /
1I them lay down on the floor and
tried TO sleep. One juror sat up. sD,olr-
ng MS pipe. and Mr.. Jenkins Duffed /
At cigar after cigar When he laid
ioWn 10 catch few moments steep
hey tried TO keep him awake. and
hey became jovial. There was no pro-
-lsion Tor bedding and the floor was
ldrd. so that sleep even in ouietness
would have been unsound. One of. ~
cSorS said yesterday he kicked the
jurors feet to keen him awake ana
make MIN listen and talk. so that an
could be reached. Dur-
ng the early hours Of the morning This
vas carried on, for the men were verI,
lnXlOus TO reach A verdict and to 30,
urn to their business affairs.
Exciting Times With Jenkins.
Several jurors tell Of exciting times
WIN Mr. Jenkins He could not he
ouno yesterday nor last evening. SO
hat ms us side OF the case could not be
lad They declare that he finalIv "a
nitted that he did not think that Ron
brook was guilty. but that he corId
lot afford 10 do other than vote fer
conviction. They said his position was
hat he was distantly related to fba
DORIS family and that he had been a.,
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