Los Angeles herald., 1909-09-18
BENEFITS FATE
TO BE DECIDED
BY TWELVE MEN
JURY RETIRES TO DELIBERATE
ON EVIDENCE
ALLEGED WIFE SLAYER GIVES
WAY TO EMOTION
Court Orders Jurors Locked Up for
Night When Report Is Made No
Verdict Likely to Be
Reached
kkT THOUGHT you were going home
tonight; you said you would"

KkT THOUGHT you were going home
tonight; you said you would"
n said little 7-year-old Grace Ben
nett, as she clung to her father, harper
E. Bennett, at 1915 o'clock last nlshI'
Bennett, haggard and pale after Two
hours passed in almost ceaseless move
ment about Judge Wills courtroom on
in the adjoining corridor, loosened the
child's arms.
TOMORROW perhaps" was all he
could say. Then he kissed his two
daughters and, turning to the balllfI,
said, brokenly, "Take me back to JAN
Evidence and argument in the trlal
of Harper e. Bennett, charged Win
killing his wife, Eugenia Thompson
Bennett, by administering strychnine
the night of February 13 last were
concluded shortly after o'clock last
night. and less than half hour later
| the Jury retired to deliberate on the
| case and to return its verdict.
At 1915 the twelve men We're recalled
to the courtroom by Judge Willis to an
nounce they had not agreed on YER
dict and that there was no prospect OF
reaching an agreement, at least Tor the
present.
The bailiff was then ordered to lock
I'D the Jury for the night and to report
again at o'clock today.
Rather Die Than Go Back to Jail
"I would rather die than go back to
the county JAIL" said Bennett rev
minutes before the Jury reported.
Throughout this trial I have consid-
cred the evidence as dispassionately, L
believe, as any disinterested person
who attended the trial, There are Two
questions only to be decided: whether
or not my wife died from the effects of
poison, and whether or not 1 adminis-
tered it, There Is no evidence that Il
gave her poison, and why the jury
should deliberate more than Few
minutes is beyond my comprehension.
Seven hours of argument, the time
divided almost equally between the
prosecution and defense, were needed
TO place the story of the trial in sum-
married. form before the jury, and that
the minds of the twelve men were still
clouded by the mass Of conflicting tes-
timony medical and otherwise. which
has been introduced was indicated by
the manner in which they leaned for
ward, listening intently to the state-
ment of the prosecutors and the attor-
news for the accused man as they ex-
pressed their views of the testimony
of witnesses.
Throughout the long hours of the
closing day Benefits youngest daugh-
ter Grace perched herself on her
fathers lap, amusing herself during
the morning session with pencil and
paper, falling asleep in the afternoon
and awaking shortly before E. B.
Drake, Benefits leading counsel, con-
cluded his long argument.
Gives Way to Emotions
About the same timo Bennett for the
first time since the trial began gave
way to his feelings, his eyes filling with
tears and his arm drawing closer to
him his little daughter as Mr.. Drake
referred to the testimony of Lalah Ben
nett, the accused mans Oldest child.
The two children, observing their fa-
theirs emotion, Joined him in his grief
The eyes of many women among the
spectators were also suffused with
tears, and that the attorneys words
did not fail of effect on the men he
was addressing was evident when two
of the jurymen were observed Wiping
| their eyes with their handkerchiefs
under the disguise of removing per-
spiration.
From the time when Percy v. Ham
mon, deputy district attorney, assisting
in the prosecution, began the opening
argument to the jury at 10 o'clock yes
terday morning until sos o'clock last
night, when Prosecutor c. G. McComaS
closed, not a word uttered by the at
torneys was unheard by Bennett. He
seldom spoke, but when he did it was
dressed that he would be freed
In spite of the sweltering heat of the
court room, every seat was filled
throughout the day, many of the spec
tators being women, while the rule
preventing anyone from standing in
the court room compelled scores of per-
sons to gather in the corridor, the line
four or five deep, reaching to the broad
stairway.
Crowd Awaits Jury's Return
When the jury returned from their
evening meal at 6:45 o'clock it was with
difficulty they could wedge their way
through the crowd already awaiting
the opening of the locked doors of the
courtroom.
Mrs. "Midge" Molster, Benefits al
legged affinity, occupied a rear seat to
the right of the entrance during the
forenoon session, where she was al
most completely hidden from hundreds
of curious eyes. She did not return in
the afternoon or at night.
Mrs. Cora H. Carpenter, the principal
witness for the prosecution, around
whose testimony the greater part of
the arguments made by attorneys on
either side centered, was not in the
courtroom at any time during the last
day of the trial. Neither was Ed Mol
ster. husband of "Midge" Molster,
present.
Percy Harmon opened the argument
for the prosecution, Col. Tom l.. John
son following in behalf of Bennett.
e. B. Drake, Benefits leading counsel,
spoke almost four hours and C. G.
McComas, assistant district attorney,
who has had charge of the prosecution,
closed in an address lasting nea ly
three hours. Each attorney confined
himself closely to the testimony, and
this was especially so during the arou-
ment of Mr.. McComas, who read page
after page of the transcript. COM
menting on the statements of wit
nesses as he progressed.
Begins Reading Instructions
Judge Willis began reading his in
structions to the jury at S:O7 o'clock.
Bennett for the first time during the
day, lifted his little daughter from
his knee and placed her on a nearby
seat. He leaned forward. listening in
tently to every word uttered by the
court. The instruction that the jury