Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-27

rangements, for some one to bunk with
Mcpherson. but not man win lhe
eleven would consent % II. lhey Grew
the line right there, and drew u sharpiS'
vigorous protest was MADE 70 the
sheriff and the white jurors, 70 q
man. stood by II, until nm
aily they we're taken to the Kenyon
one big room was secured Tor the
eleven men. while Mcpherson was given
an apartment to himself
IN COURT THIS MORNING,
Mutierings Of the impending storm
had been heard this morning, ana those
informed expected some SORT OF develop
ments. but nothing 50 sensational as
actually occurred.
The jurors came In esfiy ana took
their places In the box, Mcpherson &C.
cupyifz the corner chair on the hrst
row. Two or three times the Jurors got
together In consultation, and hnaliy
Juror r. McCarrlck beckoned 10 Balm
McDuff and whispered something IN nus
ear.
CoNsULTs WITH THE COURT.
The baillnf at once went TO the Judge $
chamber, knocked, and then disappeared
inside. When he returned, ne conveyed
some message TO Ar. McCarrick, VINO
stepped out Of the box and went 10
Judge Hiles' room. Remaining there
about FIVE minutes, he emerged and
walked briskly into the box.
These proceedings were noticed by
Juror Mcpherson with apparent In
difference, for be paid no attention 10
them. and was apparently engrossed IN
watching the spectators as they suus-
gled into the court room.
WHAT DID MCARRICK SAY?
Mr. McCarrick was evidently the rep
resentatlye Of the whole jury The
presumption. as borne out by what ar
forwards occurred. is that he stated TO
the court the objections which his
eleven colleagues had to sitting on the
Jury with Mcpherson.
Benbrook arrived rather earlier than
usual. He was freshly shaved, and
looked bit anxious II was some time
before Mrs. Benbrook. Miss Allen Mrs.
Boone and others Of the Benbrook
group arrived.
Victor Morris was accompanied in
court this morning by Mrs. s. /. Claw
son and Miss Morris, his sister They
were Joined later by another brother,
civ Treasurer Morris, and John T.,
Hansen. brother-in-law.
DIAGRAM OF THE CAFE.
Judge Powers strolled into court a
few minutes before 10 o'clock, ran his
eve over the jury and put numerous
documents on his desk.
Senator Brown came In at the same
time and called Judge Powers attention
10 the states map or diagram OF the
upper floor OF the Merchants Cafe, and
n was agreed that II might be unrolled
in front Of the jury.
This looked as though the attorneys
expected TO at once plunge into the
case. but II so, these calculations were
quickly upset
lust ON the stroke Of 30. Judge Hiles
entered and Clerk Little called the roll
Of Jurors.
AN ABRUPT STOP.
The clerk. who had the information
In his hand said. as Judge lilies settled
himself. Gentlemen Of the jury, you
win listen to the reading OF the infor-
nation filed on August 9TH, against
John II. Benbrook.
Before we proceed" said Judge
Hiles, "the court would like TO confer
with counsel for the State and for the
defense In chambers" and at once led
the way. Mr.. Putnam, senator Brown,
Judge Powers. L. II. Rogers and Judge
Zane following.
The conference lasted 1--WE minutes,
and al the expiration OF that time Judge
! HIles again took the bench. only 10 an
nounced recess OF half an hour.
BENBRooK CONSULTED.
II was generally understood by this
time that there was serious trouble with
the Jury and this was confirmed when
the attorneys again retired TO the cham
her and Mr.. Benbrook was called In.
JURORS SIGN A PETITION.
During the walt. the jurors held an
other consultation among Themselves,
and as a result. r. n. shelton was soon
engaged In framing a petition 10 Sheriff
Howell, asking that the quarters In the
Harmon block, first secured for them. be
retained The paper was passed 20 every
man, including Mcpherson, and all
signed It except the colored man. Then
II was given to the sheriff, who put IL
IN his pocket.
one by one the attorneys came out.
Senator Brown, Mr.. Putnam and Mr..
Van Colt all seemed undisturbed II not
actually pleased. while Judge Powers
and Mr.. Rogers seemed considerably
worried. Judge Zane was the only one