davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
SCENE AT THE BENBRooK HOME.
HOW THE JURY STOOD.
All But jenkins We're In Favor of
an AcqnittaI.

When the Jurors retired from the
court room at $3.50 yesterday afternoon,
they went at once 10 the jury room and
after electlng Francis n. Shelton fore
man. took ballot.
II stood ten for acquittal. one for
guilty and one for involuntary man.
slaughter.
The vote for guilty was cast by c. II.
Jenkins, the harness dealer OF this city.
The vote for involuntary man
slaughter was cast by Julius Cook OF
this city.
The ten votes for not guilty were cast
by Enos L.. Jacklin OF MIL Creek, Vim.
Gerard OF Taylorsville, Walter Cotton
OF Salt Lake. Francis ~ Shelton Of
Taylorsville. Samuel Allen Jr. Of Salt
Lake. David Mcdonald Of Big Cotton
wood. w. A. Rails OF Salt Lake. Edward
>. Milford OF Salt Lake. John Irvine OF
Salt Lake. William Carey Of Salt Lake.
On the next ballot, Juror Cook voted
with the other ten for an acqulttal.
while Juror Jenkins stuck 10 his vote
for guilty. After supper, the Jurors
took smoke, talked things over with
Mr.. jenkins, but did not convince him.
Altogether. eight ballots were taken.
and on seven Of them Mr.. jenkins vot-
cd guilty"
There was long walt between the
seventh and eighth ballots, during
which the eleven took turns at Mr.. Jen-
kins. Their strongest arguments were
that the testimony showed that Ben
brook was rightfully In the room when
Mr. Morris assaulted him first that he
retreated and that nowhere In the evil
dence was there anything to show that
he had ever replied TO Mr.. Morris by
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
THE DEAD MANS FAMILY.
What They Have 10 Say of the Yer
dict OF the Jury.

The iury's verdict came as a terrible
shock 10 the family OF the dead MANY
All OF them-except the mother-looked
for conviction In some degree.
Strangely enough, however, she. with
that lncomprhensible intuition that Of
ten comes to a mother. expected Just
such an outcome Of the case as was
chronicled today When seen by
News man she said:
Though deeply pained al the result,
| am not al all surprised, as II is just
what / have looked fer all along. At
times | have permitted my hopes TO
rise little In the expectation that jus
lice would be done but IN this we are
dlsappolnted. Il makes little difference,
however, as Justice will come sooner or
later. Sometime a Higher Court VIII
sit on the case and then ] am sure
there WIFI be a different verdict rem
dered. In that court my son VIII be
present 10 give his version Of the trag-
edy and | know that he viii be held
blameless. As TO the man who took his
life the man who robbed me Of son,
ne win have 10 answer for his wrong
doing AT that time. Against him have
moi one word 10 say. knowing full well
that Justice will eventually triumph.
"Bnt." continued the almost broken
hearted mother. II am glad OF one
thing and that Is that they have not
been able to place a single stain upon
the character Of my boy / would
rather ten thousand times over be the
mother OF such brave and heroic man
dead. than the mother OF such cring-
ing and self-confessed coward living,
as his SLAYER has proved himself TO be.
The defense made the most OF the fact
that my son was courageous ana
strong / am pleased that they have
done so. for he was brave, he was
strong: he was loyal to his family
friends and country and he despised hy-
pocrisy and sham and cowardicc. so
after all there is much to be thankful
for In being the mother Of such man.
In conclusion / simply want TO say
that II would, in my opinion, have been
better II Benbrook had been turned
loose the night Of the murder"
Victor " Morris-You ask me what ]
think OF the verdict. ! presume the
least ! say OF II the better. as were
10 express my feelings as they really
are II would not look well In print |
think however that when the Legisla-
ture meets again, that II should imme-
dlately repeal the law making murder
an offense in Utah and thus save the
state the expense OF going to trial with
cases the outcome OF which is little
more than a farce.
Seden /. Clawson. brotheT-in-law OF
Burton c. Morris-I have Just TWO brief
criticisms to offer. one is on our jury
system and the other is the neglect
Of duty on the part OF prominent cii-
zens During the examination for
Jurors II was very evident that men OF
intelligence who had heard anything OF
the case az all were rendered ineligible
from Jury service by the fact, 10 mat
ter how unbiased they may have been.
As to the neglect OF duty, many men
Of prominence and sound judgment who
could have acted as jurors eyaded that
responsibility by claiming some kind Of
disqualification which readily resulted
In them being promptly excused.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
GEN. WHEELER DID RESIGN
Story Of How the War Department Never
Found L Out.
VIII be Accepted Now-"Pighting Joe"
Could Not Get Near Enough the
Piiipinos TO Pighs Them.

Washington, March iO.-lt appears
that Gen. Wheeler did tender his resig-
nation from the United States army
last fall. II was dated November 2Sth.
at Paniqui, Luzon, and was not cabled
but came by the slow process OF the
mails.
Moreover. It did not come directly
to the war department, but went to the
White House. where II has been repos-
ing since its arrival in Washington.
The war department officials have just
learned Of g.
The generals resignation was not ac-
cepted promptly by the President out
OF consideration FOR the officer. Instead.
he WAS ordered to report TO the war de-
partment at Washington. His resigna-
ton viii be accepted here and the eff
feet OF this action will be TO allow the
officer his mileage and expenses 10
Washington. The resignation reads as
follows:
PAINFUL. Island Of Luzon. the Phil
ipplnes. November. Is, 1879"
"To the President, Executive Mansion.
Washington.
sir The insurgent government Is
virtually destroyed Agulnaldo is fu-
gitiye ia the northern provinces; his
cabinet and congress are scattered. The
president Of the Filipino congress Is
here, and from what he says | think II
win be impossible for this congress TO
ever reconvene The various commands
Of the insurgent generals are reduced
10 mere skeletons and iy before US so
fast that Il is almost impossible 10
get within gun range.
Il therefore respectfully tender my
resignation as an officer In the yolun-
teer forces Of the United States.
Very respectfully
JOSEPH WHEELER,
"Bragidier- General, L. 5. ""
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
PHILIPPINE CIVIL
GOVERNMENT.
Gen. Otis Issues an Order for a
Board Of Control
JUDGE R. W. YOUNG, OF UTAH
MEMBER Of the New Organization -
Position ASSIGNED Him 80 Com-
position and Duty Of hoard.

Washington. March 10-Without
awaiting the arrival Of the new Phil
ippine commission. Gen. Otis is pressing
forward with the installation Of civil
governments In the various districts OF
the Philippines. Last August he es-
tablished municipal governments In
towns within the limits Of the United
States occupation.
Now he has taken steps TO provide a
more systematic and orthodox system
Of government. He has appointed a
board headed by the brightest and most
acute lawyer in the Philippines Cage
tano Arenallo, and including some ex-
perieneed army officers to carry out his
project.
This is set out In the following order
issued by Gen. Otis and dated Manila,
January 18th; just received here at
Washington:
1T being necessary and expedient at
the present time to develop the
abridged form OF municipal govern
ment announced in general orders No,
49, Of August sth last from the head
quarters Of the department of the Paci-
fic and Eighth army corps and pre-
scribed TO meet the temporary require
ments OF towns Of the Philippines which
should be rescued from the control Of
armed insurgents-a labor which, UNI
der present circumstances requires
careful consideration and mature de-
liberation, and in which the chief
justice Of the supreme court and the
attorney general OF the Islands have up
on request, consented 10 render assist
ance-a board is hereby called TO take
the subject under Amusement and de-
liberation and TO formulate and pass
as soon as practicable a form Of mu-
nlcipal government when email meet
requirements and which shall be as
liberal in character as existing condl-
lions permit.
Detail for the board: His honor.
Cayenti Arentallo, president; Hon. Don
F. Lorentino Torres attorney general
OF the Islands; Lieut.. Col. +. II. Crow
der, Thirty-ninth infantry, assistant
Justice OF the civil branch OF the au-
dencia, Hon. r. w. Young. assistant
justice OF the criminal branch OF the
audencia; Lieut.. Col. T. r. Hamer,
Thirty-seventh infantry. assistant Jus
tlce Of the criminal branch OF the
audencia."
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
THE THIRD CASE.
Three Times Has The Morris Family
Suffered Sorrow from Murder.

Three separate times has the she'd
ding Of blood brought sorrow and dis
tress TO the Morris family. The first
time was when Fred Jones, the brother
Of Burton c. Morris mother was Killed
in albuquerque. New Mexico, by
drunken loafer named Halloran. nine
teen years ago. The next time was
when cousin OF Burton c. Morris.
John Burton. was killed In this city
about twelve years ago by saloon
keeper and gambler named Martin. A
very strange feature Of the killing Of
Burton il found In the fact that he was
slain on the anniversary Of the death
Of his relative and bosom friend. Jones.
at the same hour Of the day. while
their death wounds were identical Then
came the killing Of Burton c. Morris
himself. In all three cases, the slayers
escaped punishment.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
JURY THAT ACQUITTED
GAMBLER BENBROOK.

ENOs L. JACKLIN OF Mill Creek, Farmer.
WILLIAM GERHARD. of TaylorsviIle, sheep Raiser.
WILLIAM COTTON, OF Salt Lake City Tcamster.
JULIUS COOK, of Salt Lake City, Decorative Painter.
O. II. JENKINS. OF Salt Lake City, Harness Dealer
FRANCIS n. SHELTON. OF TaylorsviiIe, Farmer.
SAMUEL ALLEN Jr, OF Salt Lake City, Laborer.
DAVID MCDONALD. OF Big Cottonwood. Blacksmith.
W. A. RAILS. of Salt Lake City, Special Policeman.
EDWARD $. MILFORD. of Salt Lake City Laborer.
JOHN IRVINE. of Salt Lake City, stenographer.
WILLIAM CAREY, Of Salt Lake City, ExPonceman.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
BENBRooK's PLANS.
Will Leave Here shortly and Go TO
Cape Nome.

II Is announced that John H. Benz
brook viii not remain In Salt Lake
longer than is absolutely necessary for
him TO close up his business affairs
lie intends 10 leave as soon as possible
for Cage Nome. and resume there his
Old occupation OF mining
DR.. Charles Benbrook, Of Fayetteville.
Arkansas, Is. Of course, greatly elated
over the verdict, but says he Is not
surprised.
~ can only say that do not see how
the jury could have done otherwise
under the evidence. That. Of course,
Is all / know about the tragedy. l
had been In the court room every day,
heard all the testimony and think my
brother was justified. unfortunate as II
all was. II the condition had been re-
yersed, and Mr.. Morris, who was un-
doubtedly a high spirited, honorable
young man, had, under the same cir
cumstances, killed my brother. would
want to see him acquitted"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
TO BUILD A NEW PLANT.
The Mountain lee Company Increases
Its Capital and Elects New officers.

The Mountain Ice company contem-
plates extensive Improvements, and to
that end has increased its capital stock
TO $4,000. fully paid up, and VIII at
once commence the erection OF new
plant fer the manufacture OF Ice. 1t
has chosen a new set OF officers as fol-
lows: ]. r. Wood. president: F. A.
Sweet. vice president: W. II. Sweet.
treasurer. and +. A. Stearns, secretary.
These, together with J. II. Hagenbarth,
Comprise the board Of directors.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10

and wife and baby to the defendant,
Benbrook dropped back in his chair.
HIS NERVE ALL RIGHT.
"How is your nerveY" asked Attorney
Rogers. whose face was wreathed In
smiles.
This is the question Col Rogers had
put 10 Benbrook during every day OF
The trial. and had come TO be looked
upon as a part OF the proceedings.
BenbroOk turned his white, out smil-
ing face and made the answer that he
has made daily for three weeks: ITS
all right
In another instant Benbrook and
Judge Powers clasped hands, while Col.
Rogers went TO the jury box and warm
ly shook hands with each Of the twelve
men.
The men and women sitting inside the
bar, most Of them friendly to BenDrook
wavered a moment. and then rushed
forward and engulfed him in tumult
Of congratulation Two Of the women
were weeping as they grasped his hand.
JUDGE HILEs THANKS THE JURY.
As soon as the first stir was over,
Judge Hlles said:
Gentlemen Of the Jury-You are dis
charged from further attendance on
The court. / want TO say 10 you that
you are entitled to the thanks Of the
community for the patience you have
shown in listening TO this long trial
You will now be discharged"
Then the spectators came forward
and kept both Judge Powers and Col
Rogers busy receiving congratulations,
Benbrook being surrounded by his
brothers.
BENBRooK GOES HOME.
From the court room, Benbrook went
down stairs to the sherifi's office, where
he has spent so many anxious hours.
Col. Rogers accompanied him, and
said: Now, the best thing yon can
do Is. to carry out your plan and get
home at once"
To save waiting for a conveyance,
Sheriff Howel's buggy was borrowed,
and Benbrook, now free man, stepped
into IL from a window In the Office. His
brother, DR.. Charles Benbrook, OF Fay.
etteyille. Ark. at once drove him TO
his home.
SCENE AT THE BENBRooK HOME.
Mrs. Benbrook had not heard Of the
result and was still In a very nervous
state when her husband drove up. lie
was seen coming from the house, and
at the door was met by his wife. who,
sobbing, threw her arms around him.
Then the door closed and the public
saw no more. but all the afternoon,
Benbrook's friends called at the home
10 extend them congratulations.
Benbrook did not come up town at all
during the afternoon and announced
his intention Of remaining quietly at
home with his wife and family.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
SATURDAY MARCH LAKE CITY, UTAH

our case. Benbrook's gofons AZ every
step In that lamentable u4Tndy were IN
accord with the law. wHcn Jusuhes
man In protecting his lliv OF projecting
himself from great bodily harm
Col. Rogers was quite emphatic IN
his statement, 1T Is hesaid, "a most
righteous verdict. II Is ~ accord with
The law and the evidenct and the jury
could not have found otherwise The
public sentiment. which was over
whelmlngly against Benbrook before
the trial, had TO stop at that temple OF
Justice. Then we developed the case
and the public saw Il had not judged
upon the facts at all but upon what II
had imagined the facts 10 be-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10

try TO get a hearing before the United
states Supreme Court.
Judge Fields reviews the history Of
the case and the pleadlngs Of both
sides, but deyotes most OF his opinion
TO quotations from courts Of fast resort
involving the competency Of the legisla-
ture finally TO decide similar disputes.
He quotes the reports Of the contest
boards, finding Ia favor Of the Demo-
cratic contestants for governor and
lieutenant governor, and says that
while the legislature was dispersed by
militia before these reports were acted
upon and was barred from its usual
sitting place. the records OF the gen.
eral assembly show that the reports de-
claring Beckham governor We're adopt
ed by a quorum II each house Of the
legislature This showing OF the records
he holds TO be sufficient The line Of
authority 20 the effect that the courts
cannot inquire into the motives which
Induced the action Of the legislature.
he declares. is unbroken, and must be
taken as the law.
WILL GIVE UP.
Frankfort, Ky, March 10,-Captaln
sieve EuaiH VI ltAluEA'Hf tArRAoAt
treasurer. came out OF the governors
Office at 1890 He said
"Messrs. Power and Davis will sur-
render In a few hours, They simply
waited until they could communicate
by wire with their attorneys, who ad-
yised them TO give up. The only rea-
son they had not previously surrendered
was because they wished TO avoid a
public arrest and being carried 10 jail
through the streets
WANT PROTECTION FROM MODS.
Sheriff suter assembled posse this
afternoon. hut 1t has not gone into the
State house. but II is said that II was
sworn in with the intention Of forcibly
entering the State building.
There Is a rumor that Gov. Taylor
has sent message 10 the sheriff. stat
ing that Secretary Of State Power and
Capt Davis will surrender II given a
guarantee Of absolute security from
mob violence.
MILITIA CALLED.
Babourville, Ky, March l0.-rhe To-
cal militia company has received orders
from Asst. Adit Gen. Dixon "a. make
ready 70 move TO Frankfort at Once.
London Depot, Ky, March "a tele-
gram was received here at 1880 p. m.
signed by Assistant Adiuiant General
Dixon ordering Capt Parker 30 order
out his company and stand ready TO
move to Frankfort. In the absence Of
Captain Parker. Lieut. Sparks refused
10 move unless ordered by both gover-
nors.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10

Frankfort, KY, March 10-seoretary
Of State Caleb Powers and Capt John
W. Davis, for whom warrants were is
sued last night, have not been arrest
ed. They are said 10 be in the exec
utive building OF the State capitol,
and the soldiers guarding the building
refused to allow the police to search
for them, saying they had orders not
to admit any one today.
Gov. Taylor and Adjt. Gen. Collier
made no answer to messages sent to
them by the police.
II Is reported that Gov. Taylor has Is
sued orders for all State guards who
recognize him as governor TO come TO
the State house, and stirring times are
apparently not far away.
At 1920 a. m. Sheriff Suffer took the
warrants for the arrest of secreary
Of State Powers and Capt Davis TO the
State house and was admitted TO see
Adjutant General Collier He informed
Cen Collier that he desired to enter the
executive building for the purpose Of
serving the warrants, and in the name
Of the commonwealth demanded that
he be permitted TO do So
Gen. Collier refused. saying that I'M
der orders from Gov. Taylor nobody
would be admitted TO the executive
building for an indefinite period.
There Is a report that Gov. Taylor
and other Republican State officials VIII
leave today for London. The police
lined up on Broadway in front Of tho
State house today, but they made no
decisive move after being twice re-
fused entrance TO The building for the
purpose Of arreying Secretary OF State
Powers and Mr. Davis.
Sheriff Suffer at noon began swear
ing IN big force Of deputies TO aid
In arresting Powers and Davis who are
supposed to be under the protection OF
the militia In the State house
The deputies viii report at the sher-
iffs Office at o'clock, when a conflict
between the civil and military authori-
ties Is expected
DECISION FOR DEMOCRATS.
Louisville, KY. March l0.--A decision
sustaining the contention Of the Dem
ocrats that the legislature is the tri-
bunal for the determination OF contests
for the Office Of governor and lieutenant
governor was handed down In the cir
cult court this morning byJudge Fields.
The Republicans will appeal the case
10 the State court Of appeals and II
the decision there Is against them, will
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
BENBRooK's ATTORNEYS.
What Messrs. Powers, Rogers and
Zane Think OF IL.

Undoubtedly that is the greatest vie
tory ever scored by Judge Powers or
Col Rogers in a murder case, and they
feel greatly pleased over the result.
Both were the recipients Of endless con-
gratulations today
Judge Zane was not much in evidence,
but he. too. was congratulated. Speak
ing OF the result he said. II never
thought conviction possible under the
evidence. The most anticipated was
q disagreement. There was nothing in
the case to Justify conviction"
Judge Powers said THE defense in
this case presented perfectly the law OF
self defense There was no flaw In
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10

word or act until the second assault.
The jurors attached great Importance
TO the fact that the evidence did not
show Benbrook TO have made an ag-
gressiye move. Their second
point was that portion Of
Judge Hiles' charge wherein
he instructed them. In effect. that II
they found that the Merchants Cafe
was public restaurant where meals
and refreshments were served, and II
they found that Benbrook was there,
being served with such refreshments,
then he had right to be there and
II attacked was not compelled 20 retreat
but could reYel the assault with such
force as the surrounding circumstances
made II appear TO his mind was neces-
sary to protect his life, or TO protect
himself from great bodily harm.
They argued that the evidence dis
closed precisely the condition described
In this portion Of the charge, and that
under H. II would be impossible TO ind
the defendant guilty.
Mr.. Jenkins remained obdurate until
7 o'clock this morning, when the eighth
ballot had been taken. Then the rest
OF the jurors agreed that they might as
well go to breakfast and afterwards re-
port the status OF affairs 10 the court.
Before going, however another appeal
was made to Mr.. Jenkins and he yield
ed. The eighth ballot was taken and
every vote bore the two words mot
guilty"
Then the verdict was made up. and
the Jurors rested In an easy frame OF
mind until between and 10 o'clock,
when the court was communicated
with.
No one knew how the Jury stood not
even the bailins. The Jurors stopped
up the keyhole and covered the cracks
about the door, so that no information
as 10 the proceedings might get out,
even through inadyertence.
The jurors are completely tired out
with their long confinement, Two
Of them, Enos Jacklin and Mr..
Gerard, have been serving twenty days,
being locked up all the time. The last
man sworn was William Carey. They
received as pay, including mileage, from
s24 to sA each. Besides this item Of
expense. they were comfortably quar-
tered and well cared for.
Mr. Shelton was the most popular man
Win MS detotldNtrs bullhS INV i"iis
hours between sessions he entertained
them with stories and improylsed
amusements. Singing was one Of the
diversions, and in this Mr.. Gerard and
Bailiff Naylor led.
julius Cook was extremely popular.
This good natured philosopher furnished
his fun share to the common fund OF
entertainment.
The Jurors say that the incident Of
the colored man, j, Gordon Mcpherson,
who was taken of the jury, was the
only unpleasant experience they had.
Every juror provided himself with a
copy Of the portion Of Judge Hiles'
charge, applying especially to this case.
and today, whenever they met some
one disposed TO criticise their action.
the charge was produced and read.
The Jurors felt like lot OF boys let
out Of school when discharged this
morning. they all discussed the case
freely, with exception Of Mr.. jenkins,
who disappeared. When inquiry was
made for him at his store, his brother.
in tone Of deep disgust said Hes
gone down TO the river. / don't know
anything about hlm-just tell everyone
he's gone down TO the river"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-10
GAMBLERS JuBILANT.
All Were Highly EIated Over Ben.
brooks Release.

The news OF Benbrook's release was
quickly heard in the gambling houses
Of the city and received with unquali-
fed delight. II was given out that
there would be open house everywhere
tonight Chief Hilton said, when
spoken to, "Well there'll not be any ju.
bilatlng over the result. ! can say that
much right now"