| Show BENBROOK ACQUITTEll Eleven Jurors Win Over C ft Jenkins the Dissenting MemberComment on the Verdict by Benbrook and the Morris Family r i John 11 Bonbrook who for three weeks past has been on trial I In the District court charged with murdering Burton c Ills In this city on the 17th y of last July was acquitted yesterday forenoon after the Jury had been out about eighteen hours and fortyfive minutes c The court waa opened at tea minutes after 10 Tho room was fairly well illied with people a number of women being on tile front seal l Judge lilies on taking ta-king the bench said that he understood thE Jury had 8 i report to make A C Dyer one of Iho deputies who had the Jury In charge entered the courtroom a few minutes later and held a whispered whis-pered consultation wh Judge Hlleo < nnd when Mr Dyer loft Judge Powers Blopped forwnid and spoke a few words to the Judge The defendant was sent for and came In at 10u accompanied by 1 Deputies Douse and Hurries The three brothers of Uenbrook followed nnd took scats Just behind the defendant de-fendant The jury filucl In iwo minutes Inter In charge of Deputies Nnylor and Dyer Juror Jenkins walking In the lead The jurors all looked weary and hoay eyed and from the grim look several of them wore It seemed Impiobablu that a verdict had been remhciL It I Was knou n that no agreement had been reached at an early hour yesterday f mOInlng and much speculation was Indulged In-dulged in ab to who the lone juror was I A rumor was Circulated about the t corridors cor-ridors of the t building about UtO that an agi cement had been reached a compromise verdict having bcon agreed I upon but Ihe general belief was lhat the Jury was only brought into the I f courtroom for the purpose of receiving L further Instructions from the court I I ALL FOR ACQUITTAL jr Deputy Clerk Little called the roll of J the Jury and Judge lIlies then asked If I V a verdict had been reached Francis > r N Shelton foreman of the Jury an jiounced thut It had and took the document docu-ment out of his coat pocket l As the J jury entered the box Renbiook changed colcr for the first time since the trial I began He became very I pale and i leaned Cot ward In his seal As Mr l i Shelton handed the verdict over Ben f brooks mouth gave a nervous twitch i find he moved his hands about uneasily When Mr Little read the verdict and I the words Not gull dropped from hlslps Benbiook straightened UI again and braced himself backward in t I his chulr and the muscles about his mouth relaxed He waN relieved naturally rally I Judge lIlies admonished the spectators specta-tors to bo riulet thanked the jurors for the patience thcy had shown and discharged dis-charged them Judge Powers and Col Rogers shook i liands with Benbrook nnd Col Rogers passed over behind the Jurybox where he shook hands warmb with each Juror l f i as they filed post Court was then adjourned ad-journed without day As soon as thee the-e IIlent was taken a ruh was made foi Benbrook His big black bearded brother Charles threw his arms around the defendant and warmly warm-ly embraced him while the other I brothers contented themsoUvs with shaking hit hands u number d f women wo-men who had been sitting on the front seat gathered around with cries of Oh Sir Benbrook Im so glad shook his hand and some of them shed tears Bcnbrook said afterward that he did not know any of the women but appreciated appre-ciated their kindness l Just the same Among others to congratulate him was I J G MacPhorson the colored man who was thrown oft the Jury SPRANG THROUGH A WINDOW i Benbrook soon made his escape from the crowd about him and free for the first lime In almost eight months rushed to the Sheriffs office where ho had l f his hat add oat < Ite hastily threw them on and not waiting to go out by the door sprang through one of the windows In Sheriff Ilowellss private pri-vate oflko entered a carriage which was walling and was driven rapidly to his home on FIrM West street Ills 1 wife had nol Ifenrd n the Verdict but hhcanJ all the relatives t who were not F in the courtroom when the verdict was y read wore walling IUrs Benbrook mot her husband a t Ihe gn te She threw t her i arms about his neck and the entire f party disappeared inside < Tho seals mol occupied hy l members mem-bers o the Morris family were vacant p When the verdict was brought in none of the relatives of the deceased appear ing In the courtroom The prosecution was represented by County Attorney Putnam who sat In his usual place 4 across the table from Judge Powers and Col Rogers BENBROOK AT HOME IOM He Talks of the Tragedy and the f Trial i Benbrook assid the t afternoon and evening quietly at his homo and says IIP Will not go rut for a few ilays He 0nly 1 left the house once during the afternoon lie went to a barber l shop got shaved there and then made a I short visit I to the Sheep Ranch Ho only remained in the Ranch a few minutes min-utes He shook hands with all l the old dealers c WHS Inlioduced tothenew ono and flea returned home During the afternoon many friendn called to offor their congratulations and In the evening quite 1 little parly gathered there t Benbrook was very happy and thoroughly thor-oughly enjoyed his freedom arid tho ro llef from time Htmlii he has been under = lnce last summer His ioy way not greater linn I hot of his wife 1 whoso face was wreathed In smiles although he IK still very pale mid worn from fie strain KC endured during the trial 1 SORRY FOR MORRISS FAMILY I shall remain here as before said Benbrook last evening and J shall probably so to work In the house again I but not for some days c Yes of course I feel relIeved Any man who has Buffered as I have for the past eight months would feel relief Do I regret the unfortunate affair which caused all the trouble I doubt If there IB a person In this city outside oC the immediate family of Mr Morris who regrets this tragedy r more than I do 1 never had any trouble In my life before and I hope 1 may never have again J dont tnippose It would do any good for me to say that I feel sorry for the mother and the family of the man for they would not think I was honest about It but I am PUBLIC SENTIMENT I Oh yes I know lots oC pooplc think t hard of me Thats only natural But 1 i have always tried tog t along without with-out bothering any one else and when JL have been able to help somebody who I thought needed help I have always done ti 1 I have friends here who have 1 stood by me and I think they will continue con-tinue to do 50 Ill tell you I waa put In n pretty hard position For a while after the tragedy occurred It almost scorned as If the whole world wan agaIstme hCl ninob9 to Jfr a griorl rU r r i n lillt W Qtlt to lscouragc almoft any one hut r which even she herself cannot explain and for this reason 1 felt almost from the first that the man who murdered my boy would never he punished as he deserved sit least not by the courts Well the long strain Is 1 over now and It will come as n relief to all of uo I Whatever satisfaction Henbrook can get out out of his acquittal he is h entitled en-titled to 1 suppose but I do not believe he will ever be tlC man he wan before the tragedy of eight months ago Yes I say and T mean It that I would na soon have poor Butt where he Is I as In Ben brooks position That he will suffer suf-fer for that act Is just ns sure as there Is a God In heaven There Is a satisfaction satis-faction too in the thought that t while I they would have liked to have done It t 4k1 I I I j i1fr4 1 1 t 4 I The Defendant Being Congratulated ee by His Brother and by Judge I I Powers After the Vc rdict was Announced thought that If I had to come to It I would bear up the best I could HE EXPECTED ACQUITTAL The verdict was nol much of a sui priM to me for 1 clkl not see how they could convict me after the testimony was all In but you see a man In the position 1 was is pretty apt to be I afraid that something wrong might happen I suppose I did l turn pale and move around a little It was anl a I 1 critical moment for me there for awhile I a-while limo there Is I strong sentiment I against me In the city but they tel me that It is not so strong now as it was I think I did only what any other man would have done under the circumstances I have never been 1 lighter with guns 01 with my hands THE ARIZONA AFFAIR Of course there was that affair I where the man was killed 1 In Arizona but I only did what I was bound to do as an ufllcer then and we all shot at I him He wad lying on a cot and 1 was right by him I told him he was under fl zest I and he pulled a gun out from under the blankets and shot 1 me The bullet went right across the front of my body cutting through amy shill and striking me In the thumb We all shot at him then I and he was killed Nobody No-body was arrested for It and everything every-thing was made clear at the Coroner inquest 1 think I did right then and I 1 think t I did right this time I was only trying to save my life and surely every man has a right to do that RELATIVES DELIGHTED Benbrooks relatives who came hero to attend the trial weie all greatly pleased at the verdict Charles Ben I I brook the oldest of the brothers Said I last night I do not see how time jury fdlild have done nthnrwlhe I heard all I the testimony and think John was justified I If tho conditions I hat been reversed and Mr Moult had under the same clicumslunctS killed John 1 would want to tee hint acquitted The Mirlous relatives who live 1hl rellleH In oilier Stales will remain for a few days visiting with Benbrook at whose home they are all domiciled and wilt then leave for their respective homes They say that they have not enjoyed their vIsit very much as yet but feel that they arc now in a nood to secure more pleasure from It and anticipate a happier trip homeward than when they came lo Salt Lake Many congratulatory telegrams were received by I Benbrook re BcnlHool and Judge Powers from friends of Benbiook dur ing the afternoon and evenIng AT NORRISS LATE HOME Mother and Other Relatives Talk TnIc I Freely and Feelingly of Verdict H cannot be Bald that the verdict of I the jury iamc as a ery great surprise to the members of the family who had kept a strict watch of the proceedings In the courtroom or who had followed the account of The Tribune Probably not one of them expected that Bon brook would be found guilty of murder In the first degree yet on the other hand there was hardly one of them who did not hold to the Idea that some pun ishment would I meted out to the man who had killed Burton C Morris Mrs Plckott the mother of the deceased de-ceased was indignant but not surprised sur-prised She said I regret that It Is deemed necessary that I should discuss the finding of the Jury but in so doing I must say to you In behalf of the fain ily that we fully appreciate the full and complete reports of the testimony that have been published by The Tribune Trib-une and It Is a source of satisfaction to us thai even though I tIme erdlct of the Jury was in my vkw a wrong one and I feel thai a real Injustice has been done not only to us but lo the community at large there is nevertheless neverthe-less the satisfaction of knowing that through the columns of your paper there has gone out full and unbiased reports of time storks told on time witness wit-ness stand No one could ask for I fairer truntment lhan has been accorded us by The Tribune I A MOTHERS INTUITION Thera arc some things you1 know that come Intuitively to n mother the defense did not dare attack the character of my boy all admitted that he was brave to the lasl and 1 would have been ashamed of him if he had found il necessary ashis slayer did to stand before a jury of his peers and admit that lu was afraid I do not believe be-lieve that the woman In the case told the truth J urn sure thai the defendant I defend-ant did nol Had my boy been alive to tell the story of thai struggle there i would have boon a different and a true I version Better Burton l Morris dead I than John II Benbrook living Mrs I Plckett was also Inclined to be a little severe on the Police department which i she did nol seem to think had done Its full duty In the premises I MRS CLAWSONS VIEW I Mrs Selden r I Clawson a sister of the deceased said I do nol doubt but I thai had we had more money to spend time trial would have resulted differently different-ly The defense had we understand barrels of money while we had none I We were told soon after the jury waa Impaneled that the gamblers of the cIty were behind the defense and that I they would spend any amount In order that Benbrook be kept out of where he deserved to I heIn the penitentiary for life at least Like mamma I say we are CIY glad thai The Tribune has given givln such full and fair reports of thc lesll 1 niny at the trial because while I feel I hut the jury did UH a great Injustice I all who read the testimony as printed I by YOU I paper or heard It I fall rom the lljs I of the witnesses I must feel In their liarls that the verdict wan an unjust tine We can have that satisfaction anyhow and while It Is a poor return for the life of our brothel 11 Is a good deal I for one would rather have died len tim s over than have gone on the stand as Hen looJ did 1 and ndmllted In the same manner as he thai I was so j badly scared A hitit suez thing I do nol i blame Bcnbronk inr trying lo avoid I the cui lous crowd during the trial but if I had been hf and had been acquitted I as lie had by I a jury o my peers I I should not have uawled through r back window but rather 1 if I j knew that I I I had received oxaut justice would have I gone forth from that courtroom with j I head erecl and wIt h the knowledge I I I that I was worthy of being looked upon as a man among men I MRS HANSEN COMMENT I 1 Benbrok said M Jrs > John 13 Hansen I Han-sen another sister of Morris had hen a hor8ijthlef there Is no doubt In my I mind that he would have been convicted con-victed They seemed to talc a special delight in referring to time strength and courage of Burl That Is all right And Isnt I It a little strange thai the i min who In the restaurant became HO Indignant when ho was called a shrimp thai ho deemed It necessary to use f gun roLl mi slaiid to face lie con rLroomn and bo virtually called a coward by hIs own attorney J would rather bIn b-in Burls grave than In the position occupied oc-cupied by Benbrook There was much stnsH laid upon the suffering that Benbrook and his family have passed through But after all what was their suffering compared to ours Ours wan a retllzation of what had happened theirs was in anticipation of what might come T do not pay this In disparagement dis-paragement of the family wllli whom Benbrook Is connected however In my heart 1 am sorry for them MISS MORRIS NOT SURPRISED Miss Rebecca Morris was also Inclined In-clined to U severe on the Jurors who had rendered the verdict under discussion discus-sion I never felt she said that there was much of a ohanco of Ben brook being convicted of murder in the first degree but It seem horrible to me that the man should have been allowed to go free of all punishment Anyway ard hey could not brand Burt as u cow ardDECLARES DECLARES IT AN OUTRAGE Victor V Morris a brother said he felt the verdict was an outrage on Justice Jus-tice ll almost seems he said ai If a crime could not be punished In Utah Murderers are allowed to go scot free and It looks ns if a man could not be convicted of any offense greater I than petit larceny OC course we could not expect much from flint jury intelligent in-telligent men would have brought In a I different verdict but Sniclllgont mon read the newspapers lnd cant Hit on Jurlfes 1 foot t greatly dIsappointed and believe thaI have fH lolled 1 am certain that one witness In this case II could have cleared my brother of all blame but It Is all over now and we must make the best of It I want to thank your paper on behalf I be-half o myself and our family for the fair ireatmtiit you have I given us In the case and I assure you lhal we fully I appreciate It I THINKS JURY SYSTEM TOO LAX Sclden I Cia son said ho had but two criticisms to offer One was time lax method of the t present Jury system which seems as though It had bpen specially built to keep good men off and allow Incompetent men to servo Ant further he was of the t opinion that mal men who really bad no disqualifications disquali-fications t evaded Jury duly because the task was an Irksome and at the same time u thankless one STORY OF TH JURYROOM C H Jenkins the Twelfth Man Yielded In the Morning The proceedings 1 In juryroom were Just an exclusively outlined In The Tribune yesterday morning The Sheriffs Sher-iffs oilice was much perplexed yesterday yester-day to learn how the t Information was secured and It Is i but Just to Sheriff Tlowelln and his deputies to say that the Information was not given The Tribune by the Sheriff or anyone connected con-nected with his ofllco The Jurymen were more perplexed than the olllceifl Some of the jurors allowed lhat as they were In an Inner room and hall a quan tlly of paper and tobacco sacks stuffed In the keyhole they were at a loss to understand how anyone could have access ac-cess to a room on the third floor They scouted all suggestion of telepathy and whcless telegraphy and evOlved iwo IheorkS ncilhui of which It I may be remarked was correct TheY thought the room on the fifth floor where the llrsl two billots bad been taken had been entered and the discarded ballot bal-lot found Deputes Dyer and Naylor exploded this theory by I proving that the room hud been locked and the ballots bal-lots destroyed The other theory was lhal a Tribune reporter had passed out of a window In Judge lllless courtroom court-room and by crawling on the ledge of the building had been able to heal what was going on in the juryroom Thy man who gol time Information han uult and the method of obtaining 11 will never be known but It proved toe to-e reliable HOW 1 THE JURORS VOTED Immediately after entering time Jury room on the fifth floor Francis N Shelion was elected foreman and an Informal ballot was taken on a verdict ver-dict of murder In time first degree Ten jurors voted for acquittal Juror Julius Cook misunderstood the purpose or this ballot and otod for manslaughter while Juror C II Jenkins voted for conviction Another ballot Vfli taken before the Jury wenl to dlimcr Mr Jenkins again voting for comietion and the others for acquittal After taken In time dinner the Jurymen were lal1 tl County Commissioners I chambers where they pafcsed the night balloting and working on Mr Jenkins Between limes Tho testimony was thoroughly gone over and almost every one of the eleven who favored arqullial took turns In taking Jenkins quietly aside and 1 arguing I with L him He remained obdurate until 71H yesterday morning when on the t ninth ballot whUh was the eighth regular ballot he came over to the majority and the agreement had heel reached TIme Jurors then went to breakfast and came back to the building THE DECISIVE CHARGE Before renorllng they fortified them solves by I securing copies > of one portion por-tion of the t Judges charge Ihls part a copy of which each juror tarried with him and which they claim just lies their verdict Is as follows To miHtnlii the plea of selfdefense In case of homicide llicro must be shown a present pressing netequity real I or apparent ap-parent to protect the lie ol Hie defendant defend-ant or his person from grojit bodily harm He must nol ho Dio jigjjjroMHor nor promote nor entourage the ncountcl land ho muni relrent from the combat If there be I mode of I Lmo consistent with hIt Hnfet 1 but If he be peuceabiy In a hotel or restauiapl 01 oljiii public inne ne mnv Il attacked stand mls ground anil use such force only to repel Die Ilr HS he inay reasonably think Is necessary to 4 1e his life > r protccl himself from great bodily harm H IH I said this part of the charge way Included by request of Senator Brown but Senator Brown denies this and says It was pan of Judge lilt ls regular regu-lar charge The part included I In par entheaes was stricken out of the charge The Jurors claim that they could not render any verdict other than acquittal acquit-tal 1 under Judge IIIlcss charge and the testimony They state that in their deliberations the testimony of both Doolan and Hume was entirely disregarded disre-garded gardedTHE THE DISSENTING JUROR C TT Jenkins the Juror who kepi the Jury out all night Is u saddler of this i city and n brothel of A B Jenkins who was a Juror In the Mills case C I II Jenkins some of time Jurors thought I resisted so long because he was friend Iv to the MOlls family Mr Jenkins could not be found but members or his family and those who know him best l hastened to deny thai he was impelled im-pelled hy any such motives Tl wah alt on the streets yesterday afternoon after-noon thai Mr Jenkins wan a relative of the Morris family but thlB proved to be wtboul foundation MivJonklns did not argue wlih his fellow Jurors about the case hut it was slated by 1 a t I fellow Juryman he was Impelled to act as ho did by the fact that ho knew the i I Morris family and fell that thc Jury < I should remain out for some hours at leasl and also by time fact that he felt I a verdict of manslaughler should be found finally after hearing the views I of his fellow JuroiH coming round to I I their way of thinking I A brother of Mr Jenkins was very Indignant at Jenkinss final submission j I to the wishes of the majority of the I jurors and said he felt C f Jenkins h I Continued on page Gj I ENBB09K ACQUITTED Continued from page 6 did not have the true Jenkins blood In him or he would never have yielded EXPERIENCES OF JURORS The Jurors were all rejoiced at gaining gain-Ing their liberty although they were excellently treated by the deputies In chargeand had a good deal of fun in I quiet way They were a unit In stat I well MacPherson the Ing that It won < rsn colored man who was with them for OHM night was taken off Two of the Jurors proved to be vocalists and regaled galed their companions with songs One Juror of f rather religious and studious stu-dious turn of mind was asked to offer a prayer one night I was meant for a Joke but he took It seriously and compiled with the request to th utter of the other On consternation olwr8 01 another an-other occasion he was requested < to write an essay on Higher Society He began on It and had his pockets full of manuscript when the Jurors were discharged yesterday but the production produc-tion has not yet been completed Tho Jurors all became good friends and roamed about In groups 1 good part of the afternoon Some of them had been In tho box for almost three weeks and i were more than glad to get away The complete Jury was composed of the following Enos L Jacklln William I Wil-liam G rrnrd Walter Calton Julius I Cook C II Jenkins Francis N Shelton I I Shel-ton Samuel Allen Jr David McDonald I McDon-ald W A Rails Edward S Milford I John Irvine and William Carey |
