The New York herald., 1879-07-31
THE ANTIETAM HOMICIDE.
sELF-DEFENCE, RELEASED ON BAIL-HEp
SWORN STATEMENT.

MRS. BENSER, WHO KILLED HER HUSBAND m
| sELF-DEFENcE, RELEASED ON BAIL-HEp
SWORN STATEMENT.
by TELEGRAPH TO THE HERALD
HAGERsrows. Nd. July 80. 1879.
The examination of Mrs. Benner which was post
poned on Monday last. took place at two o'clock
to-day before Judge Motter. There was an immense
crowd in the court room. the tragedy has occa-
stoned much comment and there was great curiosity
to hear the evidence of the youthful prisoner Lieu
tenant Haverheld examined and related his dis
covery OF Benner dead after being aroused by tha
report Of the gun. and repeated Mrs. Benner's
statement him that she had done tho
deed only in self-defence, as her husband
was trying to kill her with a knife and
club. He said that Mrs. Benner very retired in
her habits. aud sometimes he would not see her for
days at a time. Peter Nose. fellow workman oi
Mr.. Benner. testified to his having said ON last
Thursday that he would have to give his wife good
VIII ipping; it would make her better womai
DENNEK's TESTIMONY.
Mrs. Benner herself the stand. The sub.
stance of her testimony to the killing tele-
graphed the HERALD Monday. She said that she
not conscious when she pulled the trig-
ger Of the carbine. although she remembers
having the fash and heard the report.
She knew when she took the gun from
that he intended to kill her. aud she warned him to
60 away or she would kill him. He had charged her
with intimacy with Lieutenant Haverield several
times before and had quarrelled with her about it,
Once ne had thrown board at her. which hit her in
the side. and she had suffered greatly from the
effects OF the blow for several days She denied very
emphatcally having any intimacy whatever with
Lieutenant Haverfeid. saying that she never even
conversed with him except to say. "It's warn,
day." "Good morning." or something like that
RELEASED BAIL.
After the conclusion of Mrs. Benners evidence
Colonel Douglas, her counsel. urged the Judge to
release her, speaking with great feeling and elo-
quently about the treatment she had received from
her husband and claiming that 1t was evident that
she had been compelled to kill him to save her own
life and that of her unborn child. There was then
Mr. Stake as to the power of the Judge discharge
the prisoner, during which she was taken sick
because OF tho heat of the and had
to retire to the witness room in charge of
the Sheriff. After the argument the Judge decided
not to discharge the prisoner, but to admit her
bail. saying that tho charge too serious and
grave and too recently made to admit of his dis
charging her while there were other tribunals which
could more fully investigate the matter, notwith-
standing that he hardly thought petit jury would
stances as had been detailed before him.
He fixed the amount of bail at $1,000,
which was ut once furnished by Messrs. John
i. Roland. Charles Porter, Charles w. Adams and
the prisoners father. James Marmaduke She then
left with her father for Sharpsburg. Expressions
of sympathy for the prisoner general through
out the co immunity, and number of the wealthiest
citizens OF the county, who were among the au-
dence, expressed their willingness to have become
her bondsinen had they asked to do so. II the
trial will take place ut the November of court,
which commences November II.