The Iola register., 1889-11-29
THE WOMEN HELD.
The Alleged Bender Women Held Fo
Trial WithOut RAIL.

In0 Allege0 Bender women Held FOl
Trial Without Bail.
OSwEGO, Kan, Nov. 20.-The first
witness called yesterday morning for
the State in the preliminary examina.
tion of the alleged Bender women was
l.. T. Dick, of Parsons. He swore:
II have lived in Labette County twen-
ty-One years. Iknowwhere the Bender
farm is and knew the family well.
saw the young woman, Kate, at Sum-
day-schOol and several times at the
house. also saw the old lady there
often and had some conversation. 1
have sufficient remembrance now of
the Bender family as to distinctly re-
member how each one looked, and 1
have now in my mind how the women
looked at that time. Several things in
Kate were strange, and that was her
belief in supernatural powers and in
Spiritualism."
The testimony of Dick was of the
most Importance and damaging to the
defense. The old woman seemed to
realize it the keenest. Several times
she arose to her feet and muttered
under her breath something unintelli-
gible. Once only-and that Monday
did the alleged Kate vince and
show the effect the Identification
had upon her. When Sparks
voluntarily gave the mark under the
left eye and discovered the identical
mark under Mrs. Davis the color
quickly mounted to her cheeks and the
tears came to her eyes. The little girl
plavs around as if nothing was being
done, not Knowing that il ner mother
is identified as Kate Bender it means
life imprisonment or death on the
gallows.
The first witness introduced for the
defense was Thomas James. He said:
II think saw the Benders often
enough to know them. The old lady
Bender's language was 'Dutchy.'"
Witness made a thorough examination
of the defendants and said that in his
best judgment they were not the Bend
,rs. CrOss-examinatiOn by the State
proved the fact that the witness was
color blind. Witness closed his eyes
and tried to describe the defendants,
but failed.
Silas Toles testified: ~ know the
Bender farm and the Bender people.
Saw them first when l went to buy
groceries. l saw Kate and John quite
often. l had long talk with Kate
once when coming home from camp
meeting. This was in 1872. Kate had
light blue eyes, light hair, slim form
and graceful step, and was about twen-
ty-two years old. The old lady was
about fifty years old and had small,
dark eyes. think if met them now
/ would know them. The women here,
in my opinion, are not the Benders."
Cross-examinatiOn proved that the
witness might be mistaken and could
not speak positively one way or the
other and that he had failed to recOg-
nize friends he had not seen for sew
eral years.
The defendants were placed on the
stand and gave in detail the history of
their lives. Mrs. Davis supposed to be
the notorious Kate) gave straightfOr-
ward story, telling in detail where she
had been and the main incidents of her
life for the past twenty years, develop
ing the fact that she had had as varied
a matrimonial experience as her
mother, having been married to four
different men. The cross-examinatiOn
failed to shake her evidence in the least.
At the conclusion of the evidence
and arguments the justices decided
that there was sufficient evidence to
hold the accused without bail.