The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-30
BENHAM FOUND GUILTY.
THE JURY BRING IN a VERDICT OF
MURDER IN THE FIRST DECREE
NE Burst fate Tears ne ne Toid His Counsel
to Tell his Roiks-Hts Counsel VIII
Move for q New Trial on Saturday Mora
ing when He II ArraiEnsd for Sentence.

NE Burnt Into Tears Ne ne Toid His Counsel
to Tell his Roiks-Bis Counsel VIII
Move for q New Trial on Saturday Morn
ing when ne II ArraiEned Tor Sentence.
BATAVIA, N. Y, July 29.--At 1880 this after
noon the Benham Jury brought in a verdict Of
guilty ofmurder in the lrst degree. This con-
clusion was reached after nearly twenty-ono
hours Of deliberation. During tho polling Of
tho jury Benham sat as ono carved in stone.
Tho Judge announced that court would adjourn
until Saturday morning at 10 o'clock, when sem
tence would be pronounced. When tho deputy
tapped Benham on the shoulder to take him
back to Jail. he looked up and the tears strcamed
down his face. Turning around to Attorney
Webster, he said in a husky voice:
"You tell tho folks. will you, Webb They'll
take 1t pretty hard"
As he left the court room he was Joined BY At
torney Scarlet.
"wcll, old man." inquired Mr.. Scarlet, are
you able to stand itf'
with a pitinble smile Benham replied: II
can stand 1t to the end. Ididn't think. though,
that 1t would come so hard. But what can you
expect Of that juryi hope the people here are
satisfied. Thoy wanted blood and 1t looks as IL
they would got It,"
mot a bit of it." responded Mr.. Scarlet on
couragingly. They've won tho first round,
but tho match 10 not of yet. 1t has just begun,
In fact"
"well," returned Benham, in o Respondent
voice, "they have got in a pretty good blow in
the first round and one that counts"
The defendant passed q s~leepless night waiting
for the verdict Of tho jury. Deputy Dyer. who
stayed In his cell. said that Bcnham would pace
his corridor for q whilea and then throw himself
| heavily upon his cot. but In q moment he would
| again be up and pacing his cell like a Gagged lion.
His nervousness became SO great, that 1t was
feared he would collapse entirely when the YER
dict was brought in. He stood the ordeal better
than was expected. At his request his mother
and sisters wcre not present In the court room
when the verdict was rendered.
The jury's finding gives universal satisfac-
ton throughout tho village. There IS ore class
verdict. and that Is the legal class. The lawyers
who have been closely watching, the case atter
the testimony was all In were INCLINED 10 think
that tho odds were with Benham. This was
probably due to the fact that they overestinlated
the influence which the expert testimony would
exert upon the jury. AS one lawyer expressed
1t, The Benham jury evidently, discarded the
testimony of the experts altogether" The rest
was strongly against the prisoner.
Interest here now centres on the chances OF
Benham's securing q new trial. Mr.. Scarlet
would reverse the verdict Of the jury. Justice
Laughliu's charge, which the attorneys for the
defence say was manifestly unfair. he said
would furnish good ground for an appeal. inc
many ballots were taken refused to answer;
saying that they were sworn to secrecy. One Of
them, however, ntimate that they were all
On Saturday morning Mr.. Mackey will make
the usual motion for q new trial.
Howard c. Benham, whom the jury have just
found guilty Of murder In the hrst degree, was
night of July 4 last by administering, TO her
prussic acid. His trial has lasted since June u.