The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-27

mr.. lHacl<ey unninE UP Tor the Deronoe-uEay
Not &c 20 the Jury Uutn wednesday.

mr.. pHaokey suu,uainE UP Tor the Dennnoe-uEay
Not ca 70 tho jury Uutn wednesday.
BATAVIA, N, Y. July Delivery available seat
In tho Court House was filled this morning with
persons anxious to hear the closing arguments
OF counsel In tho Benham murder trial. Only
tho early ones were able to get slttings. The
rest had to DO contontod with an occasional
snatch OF words which drifted out from the
doors and windows. A number OF out-of-town
lawyers occupied seats reserved for attorneys.
At $3.50 o'clock Benham was brought in. He
appeared cool, but later on showed signs
Of nervousness. After tho roll call Of
tho !urymen. Mr.. Scarlet arose and made q
formal motion for the discharge Of the prisoner
on the ground of insufficient evidence, which
was denied. William II. Mackey then, in a slow
and impressive tone. began the last plea for the
life of Howard G. Benham, the accused wife
murderer. After reminding the jury Of tho
%sanctity OF their oath. he referred to the intense
prejudice which prevailed in Batavia against
the defendant in the following words:
There are times when it requires courage to
stand by your convictions, greater even than
that displayed upon the field Of battle. and ask
case and stand by your oaths, no matter what
Mr.. Ma C" c here began a careful review of
the evidence for and against Benham. first
touching upon the question OF motive, which no
COntcndGd WAS WlpO1 out Dy bennAm 3 pleasant
relations with his wife. as testified to by a mum.
bor of the defendants witnesses.
How many of you men on this jury" said
Mr.. Mackey, "have associated with your wife
as much as Benham has, going to country hotels
for lunch. TO shows, and drives, All these
pleasant and have brought q crowd OF witnesses
to to- prove that thS Pe fs'I r. half ,rf,S doz 1p. servant !. mt,
felt aggrieyed at tho defendants treatuent Of
her. She had the same confidence in him,
him the August morning she ran away from
Byron and married him.
pros Sc Seiann 10 h hSSe ths name nn aeo Of fU sono OF one sn TO
for this, terrible crime; simply being a rake.
Of the crime OF wife murder. Now they tried to
people brought Fred Andrews on the stand to
tell about the drunken debeuch, at Akron; how
Wells fired them from his hotel. You had the
wealthy manufacturer who was with Benham.
When we put all these witnesses back on the
Wizard they all said the woman who was with
Benh a was not Nay Nay Wiar I'd !. As ,f far as this
Frank Klein, the fellow who teii out Of the
window as he sat on the stand, gave that Ger.
yswns on the stand viii swear the legs on an
no loved May Wizard. and had been to Buffalo
with her and had a good time. Just think OF the
master telling q drunken coachman that May
Wizard wanted him to elope with him. DO you
suppose that Benhan, who in his days OF pros.
perity had many friends. would pick out this
coachman for a confiiantf"
Mr.. Mackey paid his respects to the autopsies,
and especially to tho first ono, which he said
was so b%ungling that IL would have been q dis
grace to a carpenter. Coroner Barringer also
came in for a share Of the arrangement of the
counsel for losing his minutes OF the inquest,
and District Attorney Leseur was blamed for
not allowing the defendants chemist to be
present when DR.. vanderbergh was making his
tests.
At $3.50. whom court adjourned until to
morrow morning. Mr.. Mackey's voice had become
very hoarse. Mr.. Mackey will probably take al
tomorrow forenoon In finishing his plea. From
the present indications the jury will not get q
chance at tho case until "Wednesday.