The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1889-08-09
THE BENJAMIN MURDER
Preliminary Trial OF the Indians
Chafscti With the Murder


CHARGED With the Murder'
PENDER, Neb,, August a.-Peihaps
many years have elspsed since Nebraska
has had murder trial that has a1 akened
more intense interes, than was mani
Tested in the preliminary hearing here
yesterday CT the four Indians suspected
of the murder of the Benjamin boy last
Saturday, which was commence in Judge
Downs court at 10 a. III. From about 8
o'clock in the morning teams loaded with
men, women and children gathered in
from the surrounding country until the
streets were absolutely impossible 10 ve-
hlcles. Long before the hour set for the
hearing the court louse vas literally
iamiiied 10 its utmost standing capacity
with men and women, y6uDg and old,
all anxious 10 get a glimpse Of the foul
fenas presumably guilty of oEe 81 the
most damnahle deeds that has stGdinGa the
annals of this commonwealth for many
Sasrs. When the lime for hearing had
arrived tie sheriff wea eotnpelled to re.
quest many of,he visitors to ieSvc the
court room in order TO make room for
those directly interested in the proceed
ings Enough remained. however, to fill
the room to overlooking, all those from
abf'ut the ceHsr of the hall back to the
entrance being compelled Il, stann up,
Alter ine ,.y..ei ,,.y...i Drcliminaries the state
swore some fifteen of its wl,u--s@Seo. and
called its first, Waller Beniamin, father
Of the murdered boy 10. :hc and, His
testimony was merely offered as evidence
that murder had been committed, as he
knew nothing relating To the party OF
part ,ss who committed II sny more Than
hts little Sons Freddie and No;.'; had told
him that Jimmie, the 5.ytat. old hoy, had
iecn shot by the Wihnebage. Indians.
Though Mr. benjamin js s,raDg cool
minded appearing man, who curing the
war and prior thereto served years in the
navy and elsewhere calculated TO harden
the heart OF man, big, round tears were
noticed TO trickle down lis brawny
checks before he left the stand.
Noel Benjamin, an II yeai-old brother
of the mprdeted child, was neat called.
and the following is The Substance IF his
testimony
"Pa had come TO town and ma had
gore over to Mr. Campbell's and left me
and Jimmie and Freddie at home. About
8 clock we eli (mcaning the three
boys) went ont to get the COWS, which
were tied little ways from the house.
Whon near the edge of the corn / heard
slot, and looking down the hollow
from where The report seemed TO come,
saw wagon with four Indians in it.
We stsrted te run, and two more shots
were fred, pretty close together Jim
mic fell when the second shot was fired.
The Indians team was headed south
when they did the shooting, and they
turned around and started the other way
So fa5t as the horses could go. They
were all dressed in black clothes. Whcn
they got away several yards went and
picked Jimmie up and carried him to the
house and washed thu blood off his fore
head and then ran after ma"
When cross examicd by the defense his
story was precisely the same, no!with
standing the fact that Mr.. Abbotts Cross
examination was so severe rs TO create
not a little unfavorable comment by
many who listened thereto, as well as
CRITICISM OF the prosecution for allow
ing It.
There are over eighty witnesses ON tn;
respective sides, and as a majority Of
those for the defense are Indians, whose
testimony will lave 10 be taken through
an Interpreter, it is impossible to csti
mate the time that will be necessary Il
complete the examination. II is believed
however, that not half the witnesses vii
take the box
Rice's wife and pspooses arrived from
the agency this morning. There ar
several other Indians with their squaw
in town, who ore supposed to be friends o
the prisoners. but this is only n supposi
ion based upon the fact that they ar
lying around on the ground outside th
court house, as there is nothing in tbei
general demeanor TO indicate either i'm
mense grief or happiness.