Show iCffJSES c E PR SECUTION I Sensational Charge Made by Judge Powers in 4 the Ben brook Case that an Effort is Being Made to Keep Gentiles Off the Jury t The trial oC John H Benbroolc on the charge of murder In the first decree 4 for killing Burton C Morris in the V Merchants cafe In this city on the 17th of last July was begun before Judge lilies In the criminal court yesterday i The entire day was occupied In examining exam-ining jurors and when an adjournment for the day was taken two men Enos Is JacUlIn and William Gerrard were sworn to try the case I The attorneys for the defense ex prefcscd themselves much displeased with the tactics employed by 1 the prosecution prose-cution In challenging Jurors stating I that It was apparent to the defense that the prosecution Intended to accept V none but Mormons as Jurors 1C possible Morris the man who was killed came of a prominent Mormon family and V Benbrook Is not a member of the church and the defense expresses the opinion that the prosecution Is going to make some kind 1 of a church play In ft the case Judge O TV Powers of the I defense said last night It It Ismaiil Iost that the attorneys for the prosecution Ilion I-lion are trying to Impanel a Jury on I religious lines They I have exercised four preemptory challenges and they I took off every Gentile In the box All 1 the defense asks is a fair Jury and an I I even break Tleto men whom we accepted ac-cepted we understand are Mormons DENIHD BY COUNTY ATTORNEY I 4 County Attorney Putnam of the pros I opution nald II dont know that I I have anything to say about this matter mat-ter Ye lire notbringing the question i I of religion Into the matter any more than the defense 1 is All we want Is I a fair and Impartial Jury The four men whom we preemptorlly challenged were not challenged on religious grounds I i do not know that they were all Gentiles but If they were that was merely l a coincidence I do not know the religion of the two jurors accepted 1 heard someone say they were both Mormons and heard another say that one of them wa a Gentile Whether I the matter will reach the extent of a charge being made In open I courts Is as yet unknown BKA1UNG OF BENBROOK l Bcnbrook the defendant entered the courtroom shoitly before the case was called lIe was accompanied by Sheriff IJowells Ufnbrook was a trllle paler than before his conllncment and his iJn was u little narrower but other The ho appeared In good health I Throughout the day manifested little d emotion but waft ever alert and watchful watch-ful listening intently to all that wa uald and watching the jurors and at toineys closely lie was surrounded by a group of relatives Ills wife and her I GIMter Miss Maggie Allen Bat by him Mm Bcnbrook Is a very prepossessing woman with black unit and eyes and is of much the same general complex 114 F jon ab her husband She was dreli din d-In black and wore a black capo and L1 hat Over her fnce was drawn a think thin-k 1 black dotted veil which she seldom raised Mrs nbrook and her sister Tsh brought In the defendants yearold baby which kept up more or less prattle j prat-tle during tho day The boy was hold In turn by Its mother and aunt Ben brook freqmmtly stroked the Infants I head while it sat Inrltx mother lap iV Al times when the child became too 111 rolsy I Its aunt would take It out Into Jy the corridor for a time HIS RELATIVES RALLY Two brothers of the defendant Steve Bonbrook of this city and Pike Ben brook a business man of Fayettevllle 9 Ark the Bonbrooka home IUlt near the gth prisoner A sister Mrs D T Boone of Texas with her husband and daughter 1 jj j daugh-ter Mrs Carlisle sot Just Inhind the defendant wllh a table between him aa and thm during th forenoon swiitJJon i Mrs Boone ar dr r I lib Unp d n id I foil on the flu 1 vhijc pn TK tn liipih tlF and owing to nnmn filch riIrp B nhr received was unable to attend In the afternoon but her husband and daughter daugh-ter were present Four other brothers of tlip defendant are expected to arrive during the week Two of them n physician physi-cian and a merchant live In Texas and two others a druggist and a stockman live In Arkansas Many friends of the defendant were observed In tho audience audi-ence PHOMINKIST1 ATTENDANTS Victor Morris a brother of the dc ceased occupied a chair at the end oC II the table behind Benbrook and took careful notes during the day An uncle I N V Jones and S I Cia wQn a broth crJnlaw were also present In the courtroom at intervals Thomas Hob day who hud been a business partner of the deceased In the B C Morris Floral company sat by Victor Morris Steve Keene formerly part proprietor of the Merchants cafe wherein the shooting occurred and who is one of the principal witnesses In Ihe case was seated among friends In the audience Leda Stromberg the chief cause of the tragedy did not appear In the courtroom court-room during the day to the great disappointment dis-appointment of many curious spectators specta-tors She came to the building In the morning and kept herself secluded In the County Attorneys ofllcc for a while until told that she would not be needed during the day when she left the building build-ing She did not appear at all during the afternoon The attorneys In the case surrounded one of the tables Judge 0 W Powers and D N Strnup of Powers Straup t Lippman and L R llogers and Judge C S Zane of the firm of Zane 5 Rogers were present in behalf of the defense County Attorney Putnam with his assistant Ray Van Cott and Arthur BrowlI who Is associated with the prosecution In the case sat at the same table with the attorneys for the defense de-fense CROWD NOT LARGE There was but a falrsi7ed crowd in attendance Only two women were I noticed In the crowd and they only remained re-mained a short time during the after I I ijT uoon S IL L I iflis I c brolhjrojlKc r HITS Carlisle V p Bnbrooks jirj niece ¼ 4 1 a r 3 c i f f i C I t VjorThpm Btubncrr149 J I 1 noon The mysterious spectator who sat Just behind airs OMelveney in the Mills trial and refused to d sclosc his name was noticed In the crowd He took a great Interest III the e until late In the afternoon when proceedings he Cell asleep and slumbered peaully until adjournment The > jurors is rather a monotonous lamnutlon of lng but when the proceed taking or testimony In the famous case Is bl11un th room will no doubt bo court croed JURYMEN IN CUSTODY The jurors In the Benbrook ffiS be allowed their liberty CaSe are as was done In the Mills case BcfoVe court adjourned yesterday evening Judge lilies asked the attorneys If they do sired the jurymen to be kept together Judge Powers of the defense referred the question to the prosecution Semi tor Brown said that while he disliked to cause the Jurymen the Inconvenience of being locked up he felt that the Issue In tHe case was BO Important that all precautions should be taken Sheriff Naylor was accordingly I Deputy I sworn and the two Jurymen selected placed In I his charge Sheriff HOweila provldeo them with Comfortable night quarter last I I SELECTION OP JUEOIIS Two Men Enos L Jacklin and William Wil-liam Gcrrard Accepted In Us examination n of the Jurors yes tcrdav the defense was careful to ask mch man If he believed In the law of oelfdofcnse and considered that a Justification Jus-tification for taking human life The Jurors were also asked If they would give any weight to evidence showing that the defendant was a professIonal gambler or that thre was a sentiment In the community that he should be convicted Thfe dofenHd also asked the I Jurors If I hp y vnnld l n nrHnpfJ In eon I r 1 t od 01 I I 1 I Vfl < I I t I 4 I J errr I The i Juror cs cceprcd r Q1J I Jseollbbca fBJvdpapcrmanbuJVtK T I rosss5r > grew Avki from him 7 y I vlct the prisoner for fear their business Interests would suffer through their rendering of a verdict acquitting him and If they would be disposed to favor a verdict of guilty because > the deceased had been a wellknown business man I of excellent family From these questions ques-tions It was evident that the defense I would endeavor to prove selfdefense l and would endeavor to secure Jurors who would not be nrejudlced against the prisoner because he had been a I professional gambler and on that account ac-count receive less sympathy than a man I engaged in a more respected occupation TWO JURORS CHOSEN I As a result of the days work two of the twelve men who will try the case had 1 been chosen out of twelve examined exam-ined The defense exercised tuo peremptory per-emptory challenges and the prosecution Tour out of the lifteen allowed on each side It is probable that better progress pro-gress will be made during the succeeding succeed-ing days of the week Considerable time was consumed yesterday In the preliminaries and It is thought that oy Thursday night the Jury will have been secured and the taking of testimony will commence Friday morning At the preliminary examination of the jurors six were excused ILxPostmas ter A JEI Nash was excused on account of defective hearing J B Graham editor edi-tor of the Jilngham Bulletin was exempt ex-empt from service Dr G E Ellei becks profession was considered suill dent to let him off and Robert Ell wood William Green and Thomas Brln ton were excused on account of physical physi-cal disabilities CLAIMED NO JURISDICTION Judge Powers for the defense then objected to the trial proceeding on the ground that the court had no jurisdiction jurisdic-tion as the defendant had not been indicted in-dicted by a grand Jury Judge Powers contending that the Constitution of tho United States guaranteed the prisoner that right The objection was overruled over-ruled Judge Powers then challenged the whole panel of Jurors claiming that twentylive of the Jurymen to serve in 1900 had been drawn and used that the jury box waa depleted to that extent and that additional names were drawn without proper notice Judge Pocrs then had Deputy Clerk Little sworn to I offer evidence in support of tho challenge chal-lenge Senator Brown opposed the challenge saying that if the Jury box I were shortas stated it would not affect the present case and that if Ientyllve I Jurors were Improperly used In some I other case tho objection might apply to that case but the irregularity did not apply to the case at present on trial The challenge was overruled and an exception ex-ception taken The box was then filled with the following fol-lowing twelve men William L Turner Enos L Jacklln W T OBrien Charles M Hammond Charles B Durst Thomas McCoy J C Lambert William Hart Jr A P Hulse John T Thorup William Gerrard and William M RIs ley SCRUPLES AND FIXED OPINIONS William L Turner W T OBrien and John T Thorup were found to have formed llxed opinions as to the guilt or innocence of the accused and were allowed al-lowed to depart Charles Hammond answered all the questions satisfactorily satisfactori-ly I and was later peremptorily excused by the State Charles B Durst the wellknown mining man and former merchant of this city was also pet emptorlly challenged by the State Thomas McCoy manager of McCoys stables was examined at length He knew the defendant and Albert C Morris Mor-ris cousin of the deceased and had transacted business with both of them as well as with Steve Benbrook brother of the defendant Mr McCoy was I found to have conscientious scruples in regard to capital punishment and was excused on challenge of the prosecution prose-cution J C Lambert of Salt Lake had read of the shooting In the Herald He took the Herald but did not believe all he read 1 in it He did not read the Herald editorials Mr Lambert had an opinion In the case but It was not In his judgment judg-ment sufllclontly strong to cause him to be prejudiced 1 either way He was peremptorily per-emptorily excused by the defense William Hart Jr a shipping cleric In the employ of Hewlett Bros was ex cused on peremptory challenge by the defense I A P Hulse a fireman In the employ of thr American laundry was passed by the defense and excused on peremptory per-emptory challenge by tho State John T Thorup connected with the Freeze Mercantile company did not know any of tho parties In the case Ho had read of the caso in tho papers and when challenged by Mr Rogers was excused on the ground that he had formed a fixed opinion WROTE FAKE STORIES William RlBloy a manufacturer of food specialties on Fourth South and a former Constable did not know any of tho parties Implicated In the tragedy but had known Bishop Ella Morris Mr Rlsley had read the newspaper accounts ac-counts of the tragedy but did not believe be-lieve much that he read In the papers because ho had formerly been a newspaper news-paper man himself and often had written writ-ten stories that ho knew were not true In reply to a question Mr Rlsley said I he had reformed and got out of the I newspaper business yearn ago when ho was young lie had been a member of I the Hynds Jury Mr Risley was peremptorily per-emptorily excused by the State FARMER AND SHEEPMAN CHOSEN Enos L Jacklln a native of England I 39 years old a farmer of Mill Creek for the past twentytwo years and a married man was accepted William Gerrard a sheepman of Tay I lorsvlllo was also accepted Mr Ger rard was a native of England Is 10 years old and has lived In Taylorsvilla I for seventeen years He knew none of I the parties to the tragedy and was In Wyoming attending to hlfl sheep when I the shooting occurred Mr Gerrard had never been on a jury before and hud never been a party to litigation even though ho was a sheepman When he was near enough to the railroad I rail-road to buy a paper he procured a I Tribune but had not rend anything I about the Morris shooting although he I had hplrtl It lMlkp alinw Mlllo Ho had no fixed opinion and no scruples as to the death penalty Mr Jacklln and Mr Gerrard were sworn and tho following ten men placed In the box George W Proctor Joseph r Evans Walter Carlton Rudolph Knudsen Knud-sen Wlnthrop Buck Ralph R Sharkey Colin E Stokes Ernest A Rich Julius I Cook and Thomas Mulholland WANTED IT WELL SHAKEN After the names were drawn Judge Powers arose and said he wanted to insist in-sist on the box containing the names of the jurymen being shaken Mr Little stated that the box had been shaken and asked if Judge Powers wanted the I box shaken in each Instance Judge Powers said that he did and Mr Little said that hereafter the box would be I ofilcially shaken every time a name was drawn George Proctor was examined by Mr Rogers and said he was a merchant of Union where he had lived for 25 years He was 3C years old and married Mr Proctor had read the accounts of the I tragedy In the papers Mr Rogers I gave Mr Proctor a rather searching examination I ex-amination and finally challenged him 1 on the ground that he had a fixed opinion In the matter Court adjourned for tho day while Mr Putnam was examining ex-amining Mr Proctor I |