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

yesterday. Friends nocked in by the
dozens TO see them Tn, house was
crowded during the morning and in
abe evening. For. though Benbrook is
gambler and has been one for many
ears. he and his wife have remark
ably large humber OF slaunch friends.
Judge Powers dropped in during the
evening. and he was the center of at
Traction.
but this verdict Of acQuittal was not
reached without a severe Juss.e in the
jury room. struggle that lasted from
1880 Friday afternoon until 1:15 yes
teri1y morning. 1t was d contest be-
tween eleven men on one side and one
man on the other side And the lone
man. weary and worn and nervous,
finally gave in to the majority. There
was many a warm argument. and there
were words not spoken in calmness and
Kindness during the weary hours of
Friday night and Saturday morning.
Jenkins For Conviction.
G. II. Jenkins. the harness dealer,
Was the juror who held out for cOnvic-
ton. and he made a vigorous contest.
Though the jurors are not inclined % go
much into details, they have told
enough 90 show that there were excit-
ing moments in their room.
They give a curious account of the
way iu which they arrived at the YER
diet Fearing public ceusure. these men
We're somewhat anxious 10 avoid an eX-
PLANTATION of their discussion, and to
give their reasons for acquittal. AT first
blush and before they were told that
There was no angry mob outside of the
court house ready to tear them to
pieces they were inclined to declare
ihdI they could find no other verdict
uno.r the instructions of the court.
There Was nothing else to do" said
one 'i them. when we heard the
chars. OF Judge Hiles. The case was
Several Of them aesented to this
statement with varying degrees Of ap- |
proval
They were eager and anxious to learn I
J lDh' opinion. and when Attorney Jo- /
teph L'pIm3n assured several of the /
jurors u The Office of the clerk of the .
court -aa7 they would not be Condemn
ti. sign OF relief was given. They
crowded about him and listened atten- /
lively Will" he claimed that public sem
tment mad greatly changed since the
trial began.
Then they gained courage and talked
more Freely. SD anxious were they ~
SA'Id themselves from possible denun-
D.a..oh l-dl each Juror made d CODY of /
part %. Judge Hues charge 10 Gov
tf Ms protection. When they believed
INA. they would not be blamed several
q mem declared tnat their minds had
p'a" made zap since the prosecution
I-- rested. and the remainder said that
- overs argument convinced
Here is The part Of the charge which
t'.H Juror carries In his inside pocket:
4 vas ona NJ the paragraphs handed
% the court by the attorneys for. Tho
l-'s. 'ution, and that part of IL in ma
I m is had been crossed out bv Judge
The Saving Instruction.
Salt Lake City. Feb. Q 1900
J.. sustain the plea of self-defensa in
homicide. there must be shown
hJ pressing necessity. real or
Ks No. 10 protect the life Of the de-
- or MS person from great bodily
-A.- he must not be the agpreSsor
1r mote nor encourage tho s1c0n1
g. 'a-. ne must retreat from the com
-. mere be q mode of escane CON
,,7i. with mis- safety Bur If no no
c.--'y IN a hotel, restaurant or
So. ioHc place. he may. if attacked
nm. his ground and use such force
s51.. u. fepei the attack as he may rea-
i,..a'E think is necessary to save MS
81. '' io protect himself from, Srea@
'sl harm. tGiyen as modigedl
OGDEN HILES.
As r-. o,. District Judge.
a.. mas already been told i'm s9oa
~. the jury adj, urna5 ~ - SS a.5e
al n y + riday afternoon. Bailfffs over
~ 'yIor took them out for con-
Hon and they got down to work
hey elected Francis NJ Shelton 80
Tn ~ ne ne foreman. without opposi- ,
Tn. IN fact this decision was rpsreIv
Inc ,t loF there had been a feeling ali
b. mad been a juror before 'o aS St'd III
hka1s Al,srlence. The first ballot was
tors,Isss shortly after the Jurors had g o9
'''eF IN the seclusion Of their rooms ms