The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-17
BENHAM WILL NOT TESTIFY.
His Sister Influences Him Not TO Take the
stana-Expert Testimony for the Defence.

his sister Influences Him Not TO Take the
Handicapped Testimony for the Defence.
ROCHESTER,, July 18.-All sorts Of rumors arc
afoat in regard to the Benham murder trial at
Batavia. One Of these is that Howard G. Ben
ham 10 determined to take tho stand In his own
behalf, in spite OF the advice Of his attorneys and
the wishes Of his family. Yesterday Mr.. Scarlet
announced to the court that the defence would
lot Benham tell tho Jury the story of his rela-
tions with his dead wife. but to-day Mr.. Scarlet
said that it had been definitely decided that the
defendant would not be sworn.
Benham's physical condition Is such that his
counsel and friends fear that he would go to
pieces when turned over to the tender mercies
of the cross-examiner. Benham only yesterday
avowed that he would not 20 to tho electric
chair with his mouth shut, but to-day he told
THE. SUN representative that he had acquiesced
to the wishes of his friends. His sister, Flor
enco Benham, is responsible for this change of
mind. After his mother and attorneys had
given up in despair and agreed to let Benham
have his own way, she had a conference with
her brother, which had the effect Of bringing
him around. This removes n great anxiety
from the attorneys for the defence, but spoils q
sensation for the residents OF Batavia. who have
been anxiously waiting to see what Benham
would lave to say in his own behalf.
Nearly q dozen medical experts have been re-
tanned by tho defence, many OF whom arc Of
national reputation. In the number is Prof. r.
A. witthaus Of New York city. who was tho
most prominent expert in the Carlyle Harris and
Buchanan murder trials.
Benham appeared more anxious and wor ried
| this morning than at any time since the be-
ginning of his trial, and he had several earnest
conversation with his attorney. Mr.. Richmond
part of the defence that the autopsy was badly
conducted. He then proceeded TO swear a num-
Der OF exports. who told the jury how they were
accustomed to conduct autopsies. Among the
| Witnesses sworn on this point was DIR. Henry c.
Boswell OF Buffalo, who said he had assisted at
would you not" asked Mr.. Richmond. in
q case where q mans life was at stake. consider
It necessary to examine every organ OF the
"Ses, sir, 1 would was the reply.
snow, what would you consider would be the
Benham in childbirth upon the general condition
1T would have a very depressing effect on her
health; and l should also expect an injurious
effect from the lack OF support to some of the
III her Condition was SO serious, - said Mr.,
Keneflck on the cross examination, - would she
have been around the street riding her bicycle,
and up to tho time Of her death 3
II am not able to answer
Now do you think that a person, supposing
they had these Arrangement and diseases o.
the generative organs, would be liable to sudden
death from those causes, say within an hour r.
BY Mr.. Richmond-Might these organs be dis
eased to such an extent that 1t might culminats
In an hour or twoi
DR.. ". b. Wolfe and DIR. Henry Henckell wer,
also sworn and gave similar testimony.
mond's request, court adjourned until to-morrov
morning. 70 give the defence opportunity !.
the e%xperts. II now looks as IL the end of til,
murder trial was not far of.