The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-21
DON'T CARE FOR EXPERTS.
JURORS IN THE BENHAM CASE
APPARENTLY sKEPTIOAL.
They Are Thought 20 shnre the Prevailing
Opinion OF Batnvia People That Mrs.
Benhnm was Poisoned by Her Husband
Tho CONFLICT Of the Medical Ieatlmony.

They Are ThouEht 20 share the PrcvaiiinE
Opinion OF batavia People That Mrs.
Benhnm was Poisoned by Her Husband
Tho CONFLICT OF the Medical Testimony.
BATAVIA, NY, July 20.-Howard G. Benham,
tho alleged wife murderer now on trial, Is on
the verge Of collapse, and his nervousness at
times today was painful to witness. The
prejudice against Benham in Batavia is in
tense. Although he will not DO guilty before
tho law until the twelve men who arc sitting In
Judgment on him declare him so, he has been al
ready tried and convicted by nearly every man,
woman, and child In Gencsec county.
Benham has had a bad name since his boy
hood. No one realizes this moro keenly than
tho prisoner himself, and the dropping OF his
shoulders as he enters tho courthouse each
day is becoming more noticeable. 1t has been
decided that William F. Mackey Of Buffalo will
sum up the case for the defence. MIR. Scarlet
said to-day regarding the trial:
1T will establish O precedent In all cases Of
hydrocyanlc poisoning. and the testimony OF the
experts will prove beyond q doubt that there
was no prussia acid found In Mrs. Benham's
stomach. In the face of this evidence, the jury
cannot do otherwise than bring in q verdict Of
acquit.al."
All the testimony given to-day was by ex-
perts, and tho attendance at tho courthouse
was small. The jury apparently is placing but
little confidence in what the doctors are say
ing. The medical men produced by the prose
cution have sworn that Mrs. Benham undoubt-
edly came to her death by prussia acid poison
ing, and an abundance Of lay evidence has been
| submitted to show that tho defendant was tho
ono who administered It. All tho chemists 30
far sworn by tho defence have said that posi-
bly, prussia acid poisoning caused Mrs. Ben
hams death, but the chances were that 1t was
something else. Anyway, .they say, the post
norton examination conducted by tho Batavia
physicians was 80 unskilful that no ono with
certainty can toll tho exact cause Of her death.
Hore Is q plain case Of contradiction. and
from the little interest that tho jurors arc
showing in the answers given by tho experts
to tho long and involved hypothetical questions.
the impression is spreading that they will dis
card the doctors testimony altogether and fall
back on tho facts sworn to by the other witt
nesses. The bulk Of this Is exceedingly dam
on oS'iisS o "reasonable doubt" which this state q
affairs may leave in tho minds Of tho jurors as
to the prisoners guilt or Innocence.
morning in s~ubpGnaing several Leroy pnysi-
CLANS as experts. Five Of the 5urore are Leroy
from, their town is counted upon as having some
effect The first gttness called to the stand
% lection Dr. was va; s @sSe sk bR the OF p Iesesi SSms SP,
testimony on the ground that he was not a
prussia acid expert. All sorts OF experts have
been sworn on this trial. however. very few of
whom have had any personal knowledge of the
effects OF this acid poison on the human system,
and the Leroy doctor was allo &od to tell what
he knew OF the subject. The witness said that
in his opinion the woman did not die Of the Of
fccts Of prussia acid poisoning, but of heart
failure.
DR.. Wolff Of Rochester and DR.. w. o. Bur
bank Of Pavilion also took the stand this after
noon and gave similar testimony. In each in,
stance, however, the prosecution scored one
on, the defence by asking the witness to give
the symptoms he would expect to find In case e
death, and every time receiving In reply a
resume of symptoms noticed in Mrs. Ben
hams case before her death and at tho post
mortem examination.
DR.. A. b. Richmond Of the defence will start
tomorrow for Meadvile, Pa owing to the
serious illness of his son. He expects to re-
turn to Batavia on Sunday night. Mr.. Mackey
was not present in court at all to-day, but was
busy preparing the hypothetical questions for
the chemists, assisted by Prof. Witthaus OF
New York city.
1t is expected that DIR. Heinrich Stein of
New York city will be put on the stand in the
mnrniDV