The herald., 1893-07-12
HERE IS OFFICIAL RICHNESS.
The Bentley Murder Case Ends
in a Pooling of Interests.
District Attorney Dillon's Most Re
markable Assertion.
Tho State Prosecution Estopped Because
of tho Detection OF Special Counsel.
A Case Which Should Not
Have Bcen Begun.

The celebrated Bentley murder case
with all its curious details is now rele-
gated to the shelves of the criminal
room in the county court house, and
Bentley after being convicted of murder
has been discharged and is free man.
Yesterday morning District Attorney
Dillon, before the Young murder trial
was resumed, addressed Judge Smith
and moved to dismiss the charge.
Neither Bentley nor his attorneys were
present at the time.
After Bentley was found guilty few
weeks ago, and Judge Smith set aside
the verdict, he was admitted to bail in
the sum of $4,000. Since that time he
has been around the city awaiting the
final decision in the case. 1t has not
been very generally believed that he
would ever be brought to trial again,
and yesterdays action settled the
matter.
In the course of few remarks in
making the motion Mr.. Dillon said that
he had decided not to file notice OF ap-
peal or bill of exceptions. although he
had prepared them, and continuing
said:
ination of the law of the case, that your
honor committed no error in making
the ruling which you did in granting the
motion for q new trial. That is the
opinion also of my associate counsel. 1t
vnavytd ho v1on1ano thorofnro IN th q
county to any expense in the matter of
an appeal. This leaves the matter with
in the jurisdiction of this court and the
question is, should the case be now set
down for q new trial? Since the case
was tried before 1 have been informed
by my associate counsel that the prop
erty interests which were involved have
been settled between the parties and
that those attorneys have been instruct
ed to no further prosecute the case.
Upon admitting the defendant to bail,
your honor stated to me that unless
more evidence could be produced at an.
other trial than had been produced at
the last, your honor would deem the
testimony insufficient to even 20 to
jury. The upshot of the matter is this:
The houses of Nordholdt and Bentley
have pooled their issues, and in the
pooling there has been a cooling of the
Nordholdt blood. cannot make as
good case in another trial as was made
at the last. l have prosecuted this &C.
ton in the best of faith, and have done
what believed to be my duty in the
matter, but as the case now stands, and
in the present attitude of the parties, it
is not my duty, and am unwilling, to
put the county to any fulDher expense,
and therefore ask leave of the court
to enter dismissal of the case"
Judge Smith took off his eyeglasses,
and in granting the motion took occa-
sion to make some rather caustic refer
ences to the case: He eaid:
/ II have no doubt that the prosecution
on the part OF the district attorneys
Office was in the very best of faith. l
do not see how anybody could have
done differently as public prosecutor
of this county. Now here is the denoue-
ment of the case. The district attor-
ney knew nothing about property mat
ters or any of those things. Here was
person found with poison in her
stomach, and reported to have died sud-
denly, and under circumstances which
indicated strychnine. There was but
one thing to do, and that was to investi-
gate and prosecute. The case has now
been settled out of the court. Able
COUNSEL were employed by those repre-
senting the deceased, who assisted in
and possibly had the burden to some
extent OF the prosecution. Those prop
erty matters have been already amicably
settled and they do not seem inclined to
prosecute further. l merely mention
these things as showing that the court
was not very far out of the way in APP
pretending the animus of the prosecu-
ton, but no blame possible could at
tach to the district attorneys Office for
the reasons / have stated. Certainly, 1
would never allow the case to 20 to
jury under the same testimony again,
and / think the motion is very appro-
pirate and proper, and therefore the
case is dismissed and the defendant dis
charged"
Thus ends one of the most interesting
murder cases in the history of the
T.