The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-11
H TRIAL FOR LIFE.
THB MURDER ABE WHTOH HlS
IRoUSED GENEsBE COUNT.

BenhNm IL ArCune0 OF HnHtnk Hte WtNc AHtS
by Peison-Testinony or = Drug Ctevk sna
Doctor a. 20 the Peison-A Ceachusan Tolls
or Reuhau's Relations with Miss Wiard.
BATAVIA, N. Y, July 1o.-To-day ended the
third week Of the trial Of Howard c. Benhan,
charged with the murder OF his wife by poison
ing with prussic acid on Jan. 4 last. IL has DO
veloped into ono Of the most sensational homi-
eide cases that has been tried In this part OF the
State for years.
Bcnham married Miss Florence Tout Q 1e-
year-old Byron girl, at Rochester on Aus. 4.
1904. 1t was a runaway match. the parents OF
Miss Tout Directing strongly TO tho union.
The bride, in addition to being young and
rather pretty, was an helress to $4,000. Less
than three years later Mrs. Benham died under
circumstances so suspicious that her husband
was arrested and Ia now on trial charged with
her murder. Tho prosecution 10 represented
by District Attorney Leseur or Senesee
county, assisted by Daniel Kenefck of Buffalo,
and tho defence Is conducted by William Z.
webster, William +. Mackey, the Hon. A. d.
Richmond Of Meadville, Pa, and Jamos Scarlet
OF Danville. Pa.
Among tho most important witnesses who
have been sworn by the people in d.. L. l.
Lozier, who was called to attend Mrs. Benham on
Dec. 81, 1895, and prescribed for her up to her
WAS wa, A., frst a Ssllsd he say toId no S,% siF tSot Of hi any VIZ diseSS, sai
S S,0''n noticed g =" strong Sas objective & sTs Symptoms
to brush something from her nose. Fsncyins
eSE SSGS1'l1 saS Ess d %h RSSsfSs s ss sS s slv en' ssr' sn ID
E wi inok contained 'bsm aw two ss rslnsb of % Wss saiai
SO 'D sha s0' Mrs. be nRS%a had anu only '' saFsn
two Of the tablets; At II, the bottom Of tl the sts :
FOUND fot"'%e under sGa' FfRossie's; pillow. This is's e%on y
Benham explained that it had been prescribed
for her by pr. Townsend a year before,
.s on 'n %or yItnss' s,m nsst si'i and Do .G aS'' Ssah saS
that he must watch his wife and be CURE
she didn't take any more morphine. Ben,
he said he had found and made Hremark to the
effect that his wife was getting to BE- quite a nend:
take care Of her himself. The wines sd@inis.
stomach and on his next visit f0anA her I'm
proved in health.
with her on tho subject Of hor getting, along 90
fast. That afternoon Benham asked him II he
a aIisa , 'hiRk hi his S Mtf' n ws' p re ib i''f BB: and me- re.
marked that he thought she was damned
The, next morning, the witnss. va. aroueed
from his bed at 3 o'clock by tho defendant, who
informed him tn Flossie had had sncther ono
hams bedside she was dead.
While he was trying to restore life BY mean.
Of Hp' Inc rdo Tss %S,1aFinF benh n G gsci d i, up DS and d
fair DEAL" and similar expressions.
soon after the autopsy was held, which re-
suited in Benham's arrest, the witness had q
conversation. with the prisoner at the jail. In
which the subject Of prussic acid poisoning and
its effects was discussed. Before he left, tho
witness said. Benham turned to him earnestly
and sAid:
want you to bring me something to finish up tho
job"
dead woman ever complained Of to him was an
The testimony OF Drs. Morris W. Townsend
and Is. r. ShOwermAn WAS also OF great i'm
portance. These physicians conducted two
autopsies on the body Of Mrs. Benhhm. The first
was held two days after death, and was with
the idea OF discovering whether she died as the
result OF a criminal operation. .
The doctors found this was not the case. and
reported that her death was due tn natural
causes. Later rumors OF Mrs. Benhan's death
by murder became so frequent that the body
was again exhurned. and IA more careful eXalni.
nation revealed the presence Of prussic acid. In
the stomach was found n quantity OF, coagulated
milk. showing that this organ Was In n healthy
were no clots present in the blood, an unusual
circumstance. Tho wrists were fexed and feet
turned with soles toward each other. These
signs were more marked: in the opinion Of the
causes. The lower Jaw was so tightly set that
tho combined efforts OF both surgeons with a
ehtsel could rot pry the mouth open. and It vas
tongue hook.
The two doctors were corroborated in their
testimony b, mink b.: Vanden6urg. a Buffalo
chemist, and Prof. Lattimere OF Rochester, who
examined the brain, liver. intestines. and Spleen,
Samuel J. Elliott, until recently drug clerk in
Jewels store. testified thut the defendEnt came
mas and purchased OF him an ounce OF prussic
acid. When asked what he wanted IL for
benham answered to Kill a dog; At Ben,
register the purchase. aiteoueh he knew
It was against tho law: On Dec. 90 Ben.
ounce lie admitted to the witness that he wa!
jokin- the other timo when he said he wanted
to use it on himself in the treatment of a dis
case. On finding witness resolved to put the
tes,ii"d. threatened to smash his face II he did
Witness Gnaliy agreed to keep It oil.
ME- To,d S.s widen SyISsnc sd insS,ysd ., th Ses s09s W SSms o. /
Klein, i coac6man for the defendant ~ tho time
journmenI. During the examination Of TIL
witness Benham's face at times became rcd aht
he neryously rocked himself backward ant
did yG ,H eyer eyer zee r. Nay Ward in BonAam'
e' "Yes sir. j have seen them ont driving to
"on what occasions did you sse them out driv
I'm the evenings drove them Q Go0d mani
Were You ever with them whom Mn. Benhau
Yes SIR, I remember once In the d.y.ime..
~ you romemoor AL oCCh1iOn WnOn tuOl
rode 10 Akron T.
YES SIR"
where did you stay
the farm. Il was on Monday. Benhar
returned on Saturday night and had. some
talk with Benham, and asked him whore no had
Winrd and had a good time, ] had some tall
with him the next day. / asked him what h,
went with that girl for. and he said he loves
her."
ham r.
"a little while after no showed mo O ring, ant
said he was going to give 1t to May Wizard"
We're Eou IN the house the night that Mn
Yes, sir"
~ what time did you 60 to bed that night r
when were you awakened that night !"
"It was near morning and Benham shoute'
to me from the bottom of the stairs. I put Of
my pants and ran. Bcnham was blowing aroun'
because ! did not come sooner. Ars. Farran
was in The room, She was standing b.
took the other hand and began e RUIZ it He
unconscious. She was brea thing slowly. Ever
breath she took was further ap ,rt. Her eye
A yrtla N and atnrinn Har Rad -