The sun., 1897-07-29
WAITING FOR A VERDICT.
BENHl ms FATE rs NOW IN THE
HANDS OF THE JURY.



Had Retired. 10 Listen 70 Further lrstruc-
tions-Counsoi for tho Defence Complained
That tho Judges CharEo was Unfair.
BATAVIA. n. V. July 2s-At 2:3o this after.
noon tho case of Howard G. Benham, accused Of
wife poisoning, was given to the Jury. Not long
after tho jurors won't out they were recalled by
the Court to listen to supplemental charge,
counsel for the defence having complained that,
while tho Judge called attention to the testi-
mony OF witnesses for tho prosecution regard
ing Bcnham's treatment Of his wife. he neglected
to refer to tho testimony of large number
OF witnesses for the defence who sworc that
they lived happily together. The Judge supplied
the omission and touched upon other points in
tho testimony. and then the Jury went out
again to deliberate on their verdict. In the
mean time the excitement in the village was at
fever heat, and the Court House and tho sur
rounding streets were filed with knots Of peo-
Pile discussing Benhams chances Of acauittal
and eager to get the first news from the jury
room.
In continuing his summing no for the people this
morning District Attorney LeEeur, after paint
ing vivid picture of the defendant in his guise
OF nurse, experimenting with the acid poison on
his little eighteen year-old wife. keeping her un
der tho constant influence OF morphine powders
30 that she would not talk too much, finally
Sunday after his arrest Bcnham was visited by
DR.. Lozier.
Here" said tho District Attorney. took
place q conversation which was strange for an
innocent man. He asked, Can they find any
thing against met Can they hnd 1t II 1t was
theref and then he said: If anything is found
and l am convicted, l want you to bring me
something to finish the job What jobi A Job
of murder that he had committed. Benham
wanted to take the coward refuge from punish
mcnt, poison.
"Who is this defendant, and what Is the pa rt
he has borne in this tragedy. The first record
in this of him is in the mail service, where
we find him a libortine. He had induced this
16-year-old girl to run away with him and
marry him. and his married life was a constant
course of infldelities. And. moreover. he
wronged May Wizard, young woman of chaste
character up to that time, as far as wo know.
We next find him as an adulterer, and as he
| sat there and listened to tho evidence Of his
gloryins in his own shame. You were appealed
charge against Catiline. that he corrupted the
| youth of Athens. Is 1t reasonable to ask you to
forget your duties to your families your neigh,
life as worthless as we have proven his to be :
And, gentlemen, you were asked to consider
dead woman who has appeared every day before
| you. not with an air Of bravado or with a smile
| heart. broken look, isn't she entitled to some
consideration at your hands
| And now. gentlemen. in closing l will Just
call your attention to the points as have jotted
them down In tho case. First. he had lost all
respect for his wife; second, he wanted her
tated this crime; fourth he bought this acid
under false pretences; nth. these illnesses of
was alone with her; sixth. before each illness he
| had given her something; seventh, her syInp-
toms were all those OF prusssic acid; eighth, her
| prussic acid poisoning. And rs several letters
standing alone mean nothing, but put them to-
| gether they make a word, 80 any of these points
taken alone may mean something else. but Ia ken
together they prove murder and Howard Benham
in this case ends and yours begins. do not be-
lieve that you will turn this man loose upon SO
si,e,y and nd call upon you to render such yer
Justice l.aughlin began his charge to the jury
at II o'clock concluding at o'clock: In re
ferring to the testimony OF tho experts, which
has been so much at variance in this case, the
Court said:
other class OF evidence. There are many things
which 1t is impossible that the Court or you
have Observed in the A ] particular Ia - science % ny Il
which they are skilled. Their statements must
be taken only as deductions that have beer
proved. You will remember that tho evidence
of experts on hypothetical questions is not en-
titled to much weight unless every point stated
in the questions Is true. You are to decide
stated"
Justice Iaughlin instructed the jurors tha
they must give the defendant the benefit OF any
reasonable doubt as to his guilt or innocence
and also told them that the fact that Benhan
did not take the stand in his own behalf did no
authorize them TO raise any presumption
against him.
number of requests to charge were made
Among them was ono BY Mr.. SCarlett, that If al
the symptoms In Mrs. Bcnham's case indicated
heart disease, the jury should find that her deatl
res ultcd from heart failure and from no othe
cause This was done by the Court.
attorneys, for the defence madc a great adj
over the Judges charge. Mr.. Scarlett protestet
that while he had read portions OF the testi
mony given by tho witnesses who had sworl
that Bsnham was n in IL the habit ,s1n Of IA, a6usipl In
twenty witnesses who had testified that th
relations OF the two were happy Such storm
the officers to bring the jury back into court TO
further Instructions. They were brought from
coart at sS Sek when SeS hs
taken their places Justice Laughin said to them
Gentlemen. as you have been 10 your Dime
and have not yet been to the jury room, as
sumo you have not yet discussed this case
Each Juror shook his head, and Justice Laugh
lin then explained that in his haste he had for
gotten to call their attention to certain mem
been entirely unintentional. lie then reminde,
the jurors Of the testimony given by the wit
nesses for the defence relative 10 the pleasan
relations existing between Bcnham and his wife
and told them that they would understand VIII
the evidence regarding Benham's immoralit
fendant was not on trial charged with any &C
OF immortality. but with crime. The Court ais
to nsE hs GFk en h sna Mry By
the contention made by tho defence regardin
thssi At4:2S the j9ry again d retired c.,,o, a.,
morning the jury had not, reached a verdic
Court has not yet adjourned.
|