The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-14
BENHAM AND MAY WIZARD.
1--WE VIII BE HAPPY SOME DAY"
HE Is SAID TO HAVE TOLD HER.
A BARBER Testinca That Bcnhnm Told Him
Prussic Acid WAS the Easiest Means OF
Causing Death. and Two Doctors Say That
Prussic Acid Caused Mrs. Benham's Death.

A BARBER Testinca That Bcnhnm Told Him
Prursic Acid Wa the Easiest Means Of
Causing Death. and Two Doctors Say That
Prussic Acid Caused Mrs. Benham's Death.
BATAVIA, n. Y, July 13.-This afternoon at 3
o'clock tho people rested In the case of Howard
G. Benham. charged with the murder OF his vito
on Jan. 4 last, and court adjourned until to-
morrow morning at $3.50. James Scarlet, tho
Pennsylvania criminal lawyer, will then open
the defence. This, with tho evidence to DO cub.
mitted in rebuttal. II Ia estimated will prolong
tho trial from one to three weeks.
Miss Nellie Devers, the Benhams nurse girl,
was recalled to tho stand this morning by Mr..
Kcncfck.
do you remember asked tho attorney, "an
occasion at the Benham house when May Wizard
and Bcnham had any conversation. and what It
was -
at was the time that viii Smith was there"
replied the witness. "I and May Wizard and
Bcnham were In the parlor. and Benha said:
Never mind. May, we will be happy some day
and May Wizard motioned at mo with her eyes,
and said: BE careful. Howard. what you
say"
Mr.. Scarlet crossexaminod tho witness.
Wasn't her brother present at that time r
"No sir; he had gone home.
How docs 1t happen that You didn't tell this
when you were on tho stand beforef
Il wasn't asked about It."
Have you ever told any one about this occur
renee y asked District Attorney Leseur.
"No, sir"
"Then how did the prosecution know Of this
fact to summon you this morningi {"
II don't know"
Samuel ~Houseknecht, o batavia photographer,
said he knew May Wizard and identified her
picture.
Mr.. Scarlet asked to sec the picture. Benham
leaned over his shoulder while he was examin.
ing 1t and gazed intently at the photograph;
tears could be seen in his eyes.
Levant @. Mcintyre. President Of the First
National Bank of Batavia, was put on the stand
and asked to show by his books the state of
Benham's accounts on last Jan. 1. The account
was in the name of N. G. Benham & Son, and
tho defence objected to tho evidence on tho
ter. The Court was undecided and instrPu %tsed
the attorneys to submit authorities before the
case was concluded. Il is thought that the
heavily indebted to the bank. thus furnishing an
additional motive for tho crime, as his wife's
DR.; II. A. Morse of Batavia, the physician who
has been advising the people in their medical
hypothetical question r. read to HIM BY Mr.. K ,ans
i,ck, which covered all the testimony in the case.
DR.; Morse dO5 Els said that: in view Of symptoms he
that the woman's death was caused with prus-
sic, acid. In answer TO the same question Or.
John Parmenter of Buffalo made a similar reply.
One of the last witnesses sworn by the people
was Fred L. Sager. q barber. Benham was his
customer.
HE had a talk with me once" said the wit
ness. 1T was on the day that the body of
said a man was a damn fool to cut his throat to
commit suicide; that II he was going to commit
murder or suicide he would do IL with prussia
acid, as It was the quickest and easiest way Of
getting rid Of any one. Benham was in getting
shaved"
A great doal OF curiosity is felt as to the limo
OF defence. which will be indicated by Mr.. Scar.
let tomorrow in his opening. 1t Is thought
from the nature of the cross-eNamination of
some OF the peoples witnesses that tho defend.
ants attorneys will try TO prove that some of
Inc "a mEaifilhe presence oy IT iozler ior Mrs;
the conditions shown by the post-mortem exam.
~ination. 1t probably will be urged also that en-
balming fluid is responsible for some Of the pecu-
~liarities noticed by the surgeons.