The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-06-16
THE GOVERNORS REASONS
For Commutin1 the Death Sentence
of William Benson.
PR0y0CATI0N UTTERLY INADEQUATE:
Not lie Hung Arc Pointed ont
in the Communication.

1
are the governors reasons for the eomiEu
tation Of the death sentence OF William
Benson to life imprisonment:
| The applicant. William Benson. Is under
sortencc OF death for murder. and the 5oV
| oruor is asked to commute The sentence to
| imprisonment for life. The homicide wos
committed In Fort Bend county on the "a
| day OF May, 1897. The trial WAS Lad az
| the September term following and the iudS-
mont was affirmed on appeal. (43 S. W.,
| I21.l
| The State introduced the lying declara-
| ton Of :he leceaAcd as follows
| Benson came ont OF the house and
| asked me If he was included with ones
called yahoce, and | told him II the
| shoe III him to wear it, AMI benson
| told me that he would not stand it and
that | had 10 taKe it back. ! told him
that could not take hack what ] had
said, hut II had said anything to hurt
| his feelings | was willing 10 apologize
and beg his pardon for anything | hal
said or done. The poor fellow did not
seem TO understand what [ meant by
apologize, and began shooting me.
| This dying declaration was testified to
| by only one witness. who was cousin Of
the deceased, though others were With the
| deceased at various times after the shoot
ing and before his death.
| sam Boulder, a negro. testified that be
| was within six or seven stops OF BpiNpn
and deceased when the shooting occurred,
| that Mr., Canady, the deceased, came down
the road that leads by a store, having his
! wife and some children in wagon with
him; that deceased drove up to his house
and loft his wife and all of the children
except little boy. and turned and drove
back toward the store; that lust as he got
| opposite the store, Benson got UP ard
| walked out of the store TO where t11ady
was. called him to stop and began talking
TO him. that Benson told Canady that ne
(Canady) had called him "yahoo' AM lie
must take 1t back; that Canady went OIL TO
| explain TO Benson. saying he had treated
| him nicely; that Benson stood wish his
| head down during the con" lc'ltion. ard
said to Canady that he wo I'D give him a
| few minutes to take 1t blck. drew his p:s-
| tol and told Canady that Re would have to
| cat 1t up, that Canady aid. IF | nave
| done anything to hurt your feelings, | beg
| your pardon, and that is ali | can do
! that then Benson began shooting
William smith, negro. testified that he
and the witness Boulder were talking to-
gethcr when deceased drove up in his
wagon and Benson stopped him. that he
| itorc Canadv say to Benson IF the shoe
| plnches, let 1t pinch. bat II have said
anything to hurt your feelings / beg your
lardon;' that Benson then said, If YOU
don't take 1t back will floot YOU" and
stepped back from the wagon put his han |
on his hip. and again said III Won don't
takr it tack will shoot you" pullel a
| PISTOL, pointed IL at Candy and eaid 81
| VII, just give you a minute to take 1t
back ard lowered the pistol that Cauady
/ again stated that he could not take it back
| and Benson shot him
The evidence for the prisoner tended to
show killing in self dcfcnsc. but under
all the evidence the jury were fully var
ianteG in disrcgdrding it.
| The above presents the States case as n
went to the jury.
Inquiries addressed to counsel for the
state ELECTED the following additional par
ilculnrs At the time Of the killing Benson
was an overseor Of the plantation o, Warren
sors and the deceased WAS A tenant
thereon. i short time before ths killing
'he mouse of deceased WIS burned, and he
and his family moved to small house
where Benson was staying, and while there
deceased occupied room part of the time
WIN benson and two other Young men
beccaSen mad large family aud unnlpns-
ahthess was occasloned by the children 70
ing INTO ihe room occupied by Renson and
the latter locked the door so that deceased
couiu not Eet into the room. While Rem
sun was away. deceased forced the door TO
not occupy the room any longer. 40 nlods
the romarf that he was going tn move on,
ana give the id yahoos" n chance 10
nave the whole house. This was not snoxcn
III benSon's presence. but IL was comn,u-
n'eated To him. Counsel for the State say
that the unploasantness which occurred M
we mouse where henson was staying aud
ne ,emarks made by deceased is all to
Mhieh the killing can be attributed.
me store mpUti nnpd In
,"ots was owned and occupied by Warren
cons, the employers of Benson and tho
'"nu'orus OF deceased. Benson Is about 20
years old and had lived in Fort Bend coun-
~ nut few months. Previously he ho1
INeu IN Robertson county for many years
eli VINO knew him regarded him as
ai honest hororable, peaccable md Jaw
abiding young man. II he ever h,i az,
ncuity diligent inquiry has failed In hrinr
ing 1t TO light !" VI ms
ny l'esoh why the sentence should not
pu eAe'uted' Il Is urged that Ieforc ma
turing the trial It was believed that m
soh WIS desperate ana had killc1 otbar
~ i,'Vn, tnat 'h's report was SO general that
:, MS nave reached the jurors and influ-
orarcn,io Ncrule' that because of rigid
Nu"' ""'iue mahy witnesses of standing ana
.ePute were prevented from attendng 49,
-, VINO Wouli have testified 10 his roo5
suai ae'er, and that rs only two vit,es -
oo'H relatives, from Robertson co,,ntv sTo
Ueeusa In oHading quarantine ana ,i,snS
rs the trlai tho defendant was denrivsd -,
"'r privilege OF establishing his rbornct.r
nat Quarantine existed at the tims 4,
mee' Many ell.known officials ana nj; Is
'ass citizens Of high social position rsnra-
scns that they expected and desired a. st
sSna the trial and testify to apaIic,nt,s
~, narac'er, but they were prevente5 MA
, ne report OF previous hon,icides by pensn,,
was circulated seems to be shown nv ,Si
,aSt mat on the day the verdict was "a.
.urheu dispatch was Sent from, Rirhmon1
70 a leading daily paper giving an acSrs,s,
vi lhe case, and In which II Is said. 81, RAJ
use 'H stated here by parties that ara IN M.
s sltion 10 know that this was pensnn,s
toutta man He has been heard TO saw nat
nc mad KILLED three men ana got Out 90 i,
aug would get clear of tlal."
~ Is also urged that applicant Is of waa,,
Ialnd, nut no specific Information Is piven
anu the matter IS not so presented M ~
require consideration, as W
NO one officially connected with The cas-
mas mas ihdorsed the application. exeent q n
hlrkiand. Esq. who writes that durinr ~
.erm OF court at which the applicant was
riea the district attorney Was SICK nnS
ihat he (kirkland) assisted in ,ba n.rNs