The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-24
THE BENHAM TRIAL ENDED.
Hrs CASE MAY 90 TO TEE JURT M
MONDAY NIGHT.


Mistake In Not Putting Benhnu on the
stand-Experts in Rebuttni nnd sur-He-
buttnI-nenhnm Locking TOR AcauittaL
BATAVIA, N. ", July 23.-This afternoon the
Benham murder trial was ended as far as the
introduction OF evidence is concerned. Court
was then adjourned until Monday morning at
$3.50 o'clock. when counsel will sum UP and tho
Court will charge tho jury. Justice Laughlln
said that he desired as little time as possible to
intervene between the addresses Of the counsel
and his charge, so that 1t 10 possible the case
will 20 to the jury by Monday night.
Yes" said Benham to the newspaper men,
at am glad IL Is so near over. 1t has been q
great strain for me to sit hero day by day while
non coolly argue as to whether l shall be killed
or not. look for an acQuittal or disagreement
l don't SEQ how any body Of mon can possibly
convict mo on the little evidence left them by
DIR. Witthaus."
Although the testimony given by the celebrate
cd New York toxicologist yesterday nulliHed
the weight Of the expert testimony, the fact still
remains that the rest OF the peoples proof 10
dead against Benham, and but little effort seems
to have been made by the attorneys for the de-
fence to ex lain this away. 1t 10 the general
opinion at Batavia that the defence has made
q mistake in not permitting the defendant
to testify In his own behalf. II Benham Is not
guilty 1t is difficult to see how he could convict
himself Of n crime he did not commit. He
| could at least deny that he administered the
poison. While he might make an unfavorablo
impression on the stand. many think 1t would
prejudice his case much less than the cowardice
evinced by his present attitude.
Evidence in rebuttal and sur.rebuttal occu-
pied the attention Of the court all day. The
people at once proceeded to attempt TO counter
act the effect Of DIR. Witthaus's testimony.
which fell like q bomb In their camp. DR..
Wttthaus testified that the first autopsy had re-
vcaled no rigidity of the lower jaw. On this
point Mrs, Davis. who was the first yitness
sworn In the peoples case, was recalled. she
said she was nj the Benham house on the night
OF Mrs. Benham's death and was present at tho
o""f noticed the jaw" she said. when the
vest was put on the napkin dropped Of and the
and Mrs. Bcnham were all present, and 1 drew
their attention to the fact
Mrs. Lulu Prentice was also recalled. and tes-
titled that her attention was called to tho condi:
ton of the jaw as the vest was being put on, and
it was firm, though the napkin had dropped off.
Mrs. Prentice also testified as to the solled
died. She was corroborated in this by Mrs.
Mary Snyder; n new witness. who testified that
this testimony Mrs. Benham became very much
dense on this point: She was with difficulty
The defence have claimed that Benham bought
the prussic acid at JEWELS drug store with tho
i tniS disease e' p Gsi Miller IT an NJ Dr. ref Morse were 9 s re-.
called. and said that they had read Of prussic
ton. but that 1t was not generally or ordinarily
prescribed by the medical profession.
Frank venderberE Of Buffalo took the stand;
Great curiosity was felt as to what he would
S HSisA 1 Pro say w ii 61sPiy a 'S t Be. s Milief Rans his
been home all the forenoon verifying his tests
! AID tp.a ~ tpNn f"r fhn nr1anI
Regarding the criticism made by DR.. Miller,
that II he had used in the nitro-prnssins test
viscora, he would not have got the reaction
claimed. Witness said that II he had said po-
tainly used potassium nitrite. The formula in
Prof, Witthaus's book on the subject: by a typo
graphical error, was made to read. potassium
Witness said he had the, references, which
give potassium nitric. and had used 1t, the test e
Chemist Nanderberg denied that his apparatus
for distiilation il no; 1t the proper Find; and d, n Is,
p]erature as to render II possible BY chemical de;
from fS%pS Ssrtsin organs sas sf1 the Sioaa and s SiIss.' ''l'
When asked by MI TX ke Sp,GG,i!ick sG9u, the Ppns
s Because Dse' witness with; did not use hydrocbloric acid
DR.. Vanderbergh said that DIR. Miller was just
fled in his statement II he understood that by
drochloric acid was not used, as the test without
it is valueless. He had. however, used hydro
chloric acid in the test, having added 1t to tn
other solutions, but might not have made thi,
fact plain when he was on the stand before.
Mr.. Scarlet asked witness II he did not thinl
that the presence OF ammonium oxalate, mer
curic cyanide. and other ingredients which wer,
in the embalming fluid woulu not interfere witt
the tests. Chemist Vandcrbergh did not thinl
they would. but was not sure.
The only witnesses called by the defence OIL
the sur-rebuttal were Prof. Witthaus and DR.
Miller. Both stated that the preliminary exam
ination conducted by Chemist Vanderbergh t.
determine the presence OF the double cyanade
was absolutely valucless.
At 500 both side rested and court adjourned
Mr.. Mackey will sum up for thedefence on Mon
| day morning and District Attorney Leseur 70
|, the prosecution.