Show i i COLORED MAN FORCEDOFf I Protest of White Jurymen Against Sing with MacPherson Causes His < c > Removal from Jury i I t Ousting of the Objectionable Juror However Results 1 Re-sults in the Dismissal of His Most Prominent Opponent Edward McCarrick Jury is Still In 0 completeStatements of the Removed Jurors The completing of the Bcnbrook jury by h the addition of the colored man J Gordon MacPherson on Monday night resulted In the summary release of two jurors yesterday MacPherson and Ed McCarrick The placing of the colored man on the jury was the cause of the I trouble and the releasing of McCar rick was due to the prominent part he took In protestIng against MacPherson although every other man on the jury signed the petition to Judge Riles asking ask-ing that MacPherson be taken off The releasing of the two men after I they had been sworn to try the case establishes a new precedent In Utah courts such an occurrence never having hav-ing taken place in the Slate before rime Incident resulted In still further piolonglng the trial After MacPher son and McCarrick were taken oft yesterday yes-terday one more Juror John Irvine was accepted and the last venire being be-ing I exhausted l court adjourned until this morning with only eleven men in the box PROTEST OF WHITE MENThe MEN-The trouble began before the jurors left the courtroom Monday night The eleven white men were even that early discussing the matter After being aktn to lciDm mox block they held an indignation meeting meet-ing which resulted in the formulating of a petition to Judge Hlles setting out that as American citizens they objected object-ed to serving on a Jury with a colored man and being forced to associate In llmatcly with him sleeping In hp same loom and being obliged to be In close personal contact with him for a period of several days The petition stated that thi objecllon was not against MacPherson Individually but because of his color The document which was drawn up by Jurors McCarrick and Shelton was couched In most respectful respect-ful language but definitely stated that the signers would not serve with thc colored man Some of time white Jurors een went so far as to state that should their petition be denied they would refuse to act and said they would willingly allow themselves to be committed to Jail for contempt under the circumstances although thIs expression ex-pression was not Included In the petl ton POSITION OF THE SHERIFF After time pellllon was drafted and signed the white Jurors summoned Deputy Naylor and asked him to tako the petition to Judge lilies Mr Nay lor refused but summoned Sheriff Hoxvells Sheriff How lg came up and addressed the Jurors saying that un 1 dpr the Constitution all men were equal I under the laws and that they should have all the rights of citizenship He refused lo allow the petition lo be sent to Judge lIlies saying that It the jurors had any complaint to make they should Jlle It in open court or bring it before Judge lilies thomselves He I told them that If they felt dissatisfied with their present quarters lie would secure new rooms As the accommodations accommo-dations in the Harmon were such that It was necesfcary for some one to sleep with MacPherson the Jurors sod they wanted a change and were accordIngly taken to the Kenjon where MacPher son was assigned to n separate room as staled In yesterdays Tribune Tho Jurors passed the night at the Kenyan The pKltlnn was destroyed and another an-other one drafted yesterday morning APPEALED TO JUDGE IIILES I The second one was signed by the eleven white Jurors and presented to Judge Riles through Cleric Little Just before court opened yesterday morning As the result of a conversation with Mr McCurrick who acted as spokesman spokes-man for the white Jurors and a consultation consul-tation Kith the defendant and the attorneys at-torneys on both sides Judge HUes consented con-sented to allow the defense to peremptorily peremp-torily excuse Both McCnrrlck and Mac Pherson yesterday morning I Although the attorneys In the cose positively r fused to divulge what had been said during the consultation surrounding circumstances and sucweeding events prove conclusively that the att9rneyn and the Judge arrived at an understanding I under-standing as to what should be done I Is also almost certain that a stipulation stipula-tion that the Irregularity of the proceedings ton ceedings rind the trouble In the Jury should not be considered in case a motion mo-tion for a new trial oran appeal should ton made won nterA Into Attorneys differ ta to the regularity of the proceeding sonic holding that with time consent of the court L Juror may be peremptorily excused at anytime I l any-time before tbt liUIng1 < f tetfm9mis t borgun while others hold that after a Juror has been accepted by both ale and sworn he cannot be excused CAUSED MUCH DISCUSSION The unusual proceeding was the subject sub-ject of much talk about the streets yesterday some contending that the 4a r II 1 I I t r I A 4 I ifP1 J iim I 4 4 s1eutm Lt v J Gordon iaiacPherson white jurors had taken the proper I course and others claiming they were wrong nearly all agreeing hoper In expressing sympathy for MacPherson who had been so severely and publicly humiliated Some Insisted that It was humiated n mistake to accept MacPherson In the beginning but all had to admit thai he had passed a most satisfactory examination exami-nation when he was accepted Mac Pherson feels greatly hurt and believes his treatment most unjust Those well informed as to the history of Utah courts agree in staling that this act was the first Instance In which a colored man had been sworn to act asa u as-a juror in a court of record in Utah ATTENDANCE WAS LARGE The crowti hi attendance yesterday was the largest seen since time trial commenced A great number Qf women wo-men were present many grayhaired old ladies and young girls being noticed I is probable that the expectation of J8 h J 4 1m45 q MacPhcrson Talk about San Ju a hill That was a peace convontion compared this > hearing the beginning of the testimony in the case had drawn the large attendance attend-ance and the exciting events of the morning had tho effect of keeping the room crowded until court adjourned for the day at 320 The defendant and his usual party of relatives were present The two sisters of the deceased who were present 01 Monday were again in the courtroom accompanied by Victor Morris a brother broth-er and City Treasurer Richard Morris a half brother of the deceased Many of the witnesses in the case appeared ap-peared at the building in the expectation expecta-tion of being called Among them were Lcda Stromberg Sieve Keene Nana Wltbeek Mrs Roy Daniels formerly Emma Mathlescn Robert Doolan Chief and other ofll Hilton Scrgt Burbldgc othol 01 Hilon eer County Surveyor WlJkeB and Ed I Sandborg the hackdriver A plat of the sceno of the shooting was hung up I near the jurybox but It was not needed need-ed and may not lK until this afternoon I or tomorrow morning The other Juror needed may be se cur d this forenoon Both sides haVe < now exhausted their peremptory challenges chal-lenges and the uiily method of oxcuslng anc Lw lt be on statutory a i Juror will of necessity stattOl 1 grounds The last venire is J u > d yesterday I yes-terday oUldS called for eight rn l = aiid It Is I tCrdu hoped culed the twelfth Juror Avlll be i secured from that list MCARRICK TALKS WITH JUDGE i The jury was In the courtroom early and llled into the box MaePhcrSon taking up his position in the north end I takll1 front rowthe seat next to the entrance i The whllo Jurors whispered logcthcr for a time and Ihen Mr McCarrlck called Deputy Sheriff MacDuff and sent word to Judge Sherl that h < desired lo Jutgc Ilc Hpealc to him Mr MacDufT delivered sind Me brought a reply the message brouJht a Carrlck then left the box and went Into Judge HIIeK chamber I lie remained Hl j with Judges Lilies for ubout five lulu utce and then rotunied to thv bx 1 Strong efforts were made to Icocp l all l knowledge the conversation secret but It is known that Mr McCarrick acting on behalf of the white juror presented their case and told the Jiulg they would not sit with I MacPherson WOULD VOTE FOR CONVICTION Mr McCarrlck it Is stated wet fur timer and told Judge Riles that should MaePhcreon be retained on the Jury McCarrick would be so prejudiced against the defense that he felt ho would bring In n verdict against the defendant but Mr McCiurlck positively positive-ly denies this statement The petition had already been handed In Judge Hlles entered the courtroom promptly at 10 and court was opened Clerk Little was proceeding to read tho information to the jury when Judge Hilcs interrupted to fay Before we g any further I would like lo confer with counsel for the State and the dl fonscTin my chambers The udge und the atlorneyK at once wont out A fov minutes later Judge Hiles reappeared and announced that a recess for hAh an hour would be taken He again retired re-tired and the defendant was also called Into the room RESULT OF CONFERENCE The lime passed In consultation between the Judge attprneys and the dofendan1 tai undoubtedly occupied with discussing the attitude 01 tIme the thafan agree Jurors on thequestion anLSrcc meat had been reached was manifest 1In r0110wd Judge lilies took hal beTTch and said that during Un recte S ff I hal been brought to his alt6ntkni that counsel for the defense desired to exercise ome further peremptory challenges Judge Powers for the defense at once arose and said I your Honor please we desire on the part of the defendant to withdraw our acceptance of Juror MacPherson Judge HueS replied I think It IB within the discretion of the court to permit such action and that It Is all right under the law The prosecution offering no objection Mr MacPherson was excused I I was expected that MacPherson would make 0 statement In court and resist his summary dismissal but he did not do so going out of the jury box quietly and taking a seat In the room y MCARRICK GOES TOO Judge Powers then addressed tho court and Sic there had come to tho knowledge of the defense since the adjournment ad-journment of court on the previous I evening that which caused them lo bf I hove tint Edward McCarrick one oC I the Jurors who had been accepted cnultL nqt try the case fairly and Impartially and that he was biased and prejudiced Judge Powers then questioned Mr Mc Carrick as follows Q Mr McCarrick since you were acc pted as a Juror has anything arisen aris-en which would prevent you from giv lug to this man who is on trial for hut trial A fair and Impartial trlll The life cause a full removed I think I could now noQ sir that simply b Q Do you fyslr fJmpl l cause of the challenge of a Juror It mind with relation to the changes your wih relaton question of life or death for this defendant de-fendant A I was a prejudice Q And being so easily prejudiced and oath think and on your do you ltd conscience do you say that you could conc I A now give thin man a fair trial think I could It want thinks about I dont any Q I A If OU could I want to know you could I Q And would you A I would Incident Q Would you permit the that has occurred In any waytoxins I against hnl him A I would not you to remove effort In order but I used that efort move him Judge Powers I your Honor please a challenge to this juror we Interpose n ehaleulc and we of actual bias ground on the a peremptory challenge une We JnterpOMe do not believe he could try tila caw fairly Mr Brown Undor the circumstances 1 object to it do not obJell we I and WI then oxouscfl an Mr > MeCarrlck was cxusCa I at once left the room ler In the box This left but ten Jurors Itf drawn be to and only one more name Venire often L Rood A now that of C Hool and drawn names was accordingly rWl nnt ten nlme wan oclock It Wl at 2 I rondo lolurnnble oclock j aid thai 12 M LcProbon ered also ordered tmt had of ihe old velmfrOtmimo Elmer lull ole not been served should be 1 served at time same tune 2 sro tme until The court then look a recess unt oclock court reconvened it was found WJicn weN p son hat I of the ten men only six rni summoned r P who wflsJ UU1l1OJet ont W J Kmp 1 onP excused on that Kemp was excuse fanie My rn eXeUmP claimed exemption I exemp account Orron Howard In the University A1 tion luring 1 teacher 11 had n Mry I r of Utah MIJUIU JlarkMoss his hal ulll nick wlf hl ii > di I John J Awnib who was ciU c P Aconib had no property real or per fconal except clothing and was exempt I John Irvine and C L Rood were I placed in tho box and examined JOHN IRVINE ACCEPTED Mr Irvine who cave his occupation llr 1ln < and Journalist us Unit of stenographer JOUnalst not employed on any Salt Lako paper haa lived In Salt Lako since J8U l HI Jiad known Burton C Morris but hu not seen him since Morris was C years ltOt Do you feel that your health Is such that you could stand to be shut up for ten days or two weeks with a Jury asked Mr Pulnam Yes wns Ihe reply re-ply lfl have not been sick for fiftyone years yearMr Irvine was accepted and sworn as the eleventh juror Mr Rood had read n great deal about lIr If sworn do the case Ho said lie would the best he could to try lle case fairly and Impartially but would not like toe to-e tried himself by twelve men In the name stale of mlrvi ns he was Mr Rood was excused on this ground ec 1 WHEN HE FELT THAT WAY Thomas M 1 Gillesple was then called Mr Gillesplo had been summoned as GIespie I Thomas N Gillesple and objection was made by Mi Powers on this ground The objection was overruled and the ocaminallon proceeded Mr Gillesple sid he was a laborer Giespie and hnd worked for the city for the past two years In the Waterworks department de-partment but had not been In employment employ-ment parluent flncl January 20th He had known Burton C Morris and his family lot twenty years He said he had seen I Benbrook once oer Juke Alts saloon 1 What was your business ut that t time Inquired Mr Rogers Well I of cards If to go up and play a game I felt that wuv was the reply I dont mean that I mean what wero you working at I think I was working work-ing for the GUl company at that time Mr Glllesplo also said he had seen I Benbrook on Commercial street several timesWHAT MIGHT HAVE BEEN What game of cards were you playIng play-Ing the time you saw him at Jacob Luts asked Mr Rogers I might havo been playing a game of poker Yes you might have been rea ins I the New Testament I Ithlnk I might have been playing a t mm1nttP IIt rlulete I That IB I not a game of cards Is Ito I f It-o I was playing poker that night I Asked If he had seen George Raleigh I yesterday Mr Gillesple said he had He I had seen him walk across the room while Mr Glllesalc was being examined Mr Gillesple said he had known Leda iStromberg by sight four or five years 1berh nnd had spoken to her once about three I years ago He knew of her connection thj Saltalr din with this case through the tal jnond necklace contest He had heard it talked all over town Were i you ill over town was asked Pretty near t was the answer Mr lt Gillesple was peremptorily excused ex-cused oy the defense which used its last I peremptory challenge in doing ao The venire was again exhausted and the following eight names were drawn nnd made returnable at 10 clock today to-day > Joseph H Cox Robert Cameron Charles Williams William E Carey J L Franken Richard L Colburn Theo W Whitely and Jackson R Allen This brought matters to an end for I the day and the adjourned at 320 STATEMENT BY MACHSON I Dusted Juryman was One of tho First to Climb San Juan Hill J i Gordon MacPherson the colored I Juror who was the cause of the trouble in the Benbrook case yesterday talked freely about the matter and seemed to fool his humiliation keenly He said 11 I am an American citizen I was born in this country and have always lived here and trIed to be 3 good citizen I fought for the country and went through yellow fever In Cuba in the service of this country I wonder how many oC those who have treated me this way have done as much for the I country All I asked was my rights I under the law I Is all on account of prejudice against my color I began last night before we left the courtroom I noticed several l of them talking and heard Mr McCarrlck asking several of the others If they would stay by him In the kick J I did not know what They were talking about at that time but I noticed they all kept away from me and none of them offered to shake hands I did not care much for that and did not give It much attention when we got to the rooms In the Harmon Har-mon block they alt continued to keep away from me and seemed to be talk ing about me Mr McCarrlck and Mr Jenkins and Mr Calton seemed to be the leaders Mr Cook was very kind to me He came to me there last night nnd shook hands HP ald he wanted me to understand he had no feeling against me and wanted to be friendly with me but he continued to state that the men were kicking about me I told I him I was 3 Southern colored man and that I knew what the relations between niy people and the white people were In the South I said I did not intend to claim anything as a privilege but that I had rights under the Constitution as welt as any other citizen of this coun try I said that I always tried to act 3Ike a gentleman and felt that I ought to receive gentlemanly treatment WORSE THAN MISSISSIPPI I told Mr Cook that even in Mississippi Missis-sippi where the race prejudice Is very strong I had sat with whito men on a Jury In a criminal case Then the othor Jurors got up a paper which they did not show to me but I know It was a petition to the Judge I think they all al signed It Bignc except one who was away somewhere This whs Juror Rails who had been excused to Hals sons wedding The Jurors then called in one of the deputies and asked him to take the paper to the Judge He re fused and telephoned to the Sheriff Sheriff Howells caine Up and made a very sensible talk to the Jurymen tell ing them they were doing wrong Then 1 took us all over to the Kenyon When we got there they all left me to myself and I went Into my room alone This morning the thing was taken up ngain They got up another paper and all eleven signed I They were talking or refusing to obeJ the Instructions of the Judge to keep together J insisted on walking with the crowd feeling that Jt was my right They made so much trouble about I though that finally I vent on ahead with Mr Naylor and Mr MacDutt came on behind with the other men That paper they gave to papr theJ Sheriff Howells this Sc SherIf Howels morning was a statement of their reasons for wanting to go back to the Harmon block from the Kenyon as Sheriff Ilowclla refused I to take them back to the place they had left unless they gave him a written statement of their reasons 11 was not particularly anxious to be with them but I feel that I have rights In the matter the same as other citizens nnd I am going to Jolng see what I can do in the way of socking redress CLIMBED SAN JUAN HILT Mr MacPherson Is an unusually unusuaJy mIght colored man and Is I well educated edu-cated He was born In New Orleans and la SI years old Jljt served three years with the Twentyfourth infantry and was one of the frt to reach the top In the assault on San Tuah hill His discharge which 11 signed I by Maj Thompson is marked Character ox I ServIce cellent Service hpnest and faithful Battles engagements aklrmlahos fihful ditions etc with the dltons C1e4ition oC tho Fifth army corps to Cuba in Juno and July 1S98 Fort San Tunn July 1st to 3rd and 10 and 1 igflg Rjmark ThlS noldler was one o the first to volimtniT to nurse the sick voluntU1 nur a the yellow fever pcst hospital at Slboncy Cuba and rc mained on duty from July 17th to Au gust LC 1S98 The Ctst discharge is In I dorsed by Lieut I c Jenks MnoPheraon has a letter from Sur geon Randolph M Myers who was In charge of the hospital at Slboney stat Ing that MacPherson took tho fever Mmaelf and while still in the convales i cent stage returned to and stayed on duty until relieved MncPherson has letters of recommendation from Capt liam Pauldlng of the Tenth Infantry Infan-try Lieut E Williams of the Ninth United States volunteer Henry Swift chaplain at the Slboney camp and Capt R G Woods uf thu Fortyeighth Infantry all of whom saw service In Cuba with AlncPherfon He has also a copy of a letter addressed to Secretary of War Ellhu Root by Parley P ChrIs tenaen of this city In which Mr Chris onson states that learning I that Gov Wells hnd recommended MacPherson for a commission In the volunteer army had desired to add his Indorsement MacPheraon who writes an excellent business hand acted for a long time as II I clerk to the late Cot Brereton formerly I a Captain in the Twenl fourth Mac promoted corporal for his Pherson was promotC service in Cuba and was discharged with that rank Ho located In Salt Lake and for a time published a colored col-ored paper which he called the Searchlight Search-light t Until a few lays ago he was lh the city dog catcher under Recorder Naylor MacPherson is married and has one child a little girl who was born in this city July 2 1S9S while her father was facing Spaniards in Cuba I MCARRICK STATES HIS SIDE Why he Objected to Presence or Mac Phorson on Jury Ed McCarrick the Juror who Is retarded re-tarded as the most prominent In the opposition to MncPhcrBon Is a mining man well known and respected Mr McCarrlck when seen yesterday was most reluctant to discuss the matter No he said I dont want to say anything about It I gavemy answers In the jury box and 1 do not see that I my position needs any further explanation 1 explana-tion Being pressed further Mr McCarrlck I said Yes certainly the trouble was over the colored man I have no prejudice pre-judice against the colored race but I do object to meeting a colored man on I a basis of social equality eating and sleeping with him That is the whole matter In a nutshell mateI Mr McCarrlck it Is stated on what seems to be good authority that in your conversation with Judge lilies this morning you said that if the colQnxl man was not removed from the Jnry you would render a verdict against the defendant That Is absolutely false I never said that to Juge lIlIes or any one else because such XL thing never entered my mind I have never felt or expressed any sentiment against the defendant My talk with Judge Hues was entirely as to my objections to being on a Jury with a colored man and I never so much as mentioned the defendant nlntone tw While much annoyed at the circumstances circum-stances under which he was excused from the Jury Mr McCarrlck expressed himself as not wholly displeased as he has not been In very good health for a few days A Third Brother Arrives Another of Benbrooks brothers arrived o rived in the city last night from the Benbrook home in Faettcvllle Ark where he Is a prosperous druggist He is Il I the oldest member of the family now Ihing l His son a young man about 23 years of age Is with him |