The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-09
I tos lxIlS 81 TIE Witness Stand
Ill., II KILLED Mary Bcuchlsv.
HUI PISTOL 10 HFR FACE AND SHOT
Andrew Atkins, Son-in.Law Of De-
ceased, on Trial for implication.
PREsENcK or SLEDGEHAMMER
sim Unexplained - Grant Williams
Dssckargcd for Want OF Evil
dcncc 10 Convict Him.

Tho preliminary hearing OF Andrew At
\ trins and Grant Williams. both colored
\ charged with completely in the murder Of
4 Mary Benchley, which occurred In this city
\ at the home Of tho deceased IN the Fifth
n ward, about midnight OF January 80, was
y called by Justice OF the Peace C. Il. Ftzc
4 yesterday morning mt 10 O'Clock in the
i county court room, and tho evidence not
\ only consumed the entire day, but from
! the number OF witnesses yet to be exam
+ ined and the strong Tight being made by
X counsel for Atkins, who Us contrasting cv-
L cry inch Of the ground, II is likely that
Il the hearing of the case as against Atkins
Y will consume all OF today. the case against
y Williams having been dismissed at the adj
I journment Of court yesterday evening, there
+ being no evidence considered as sufficient
= TO hold him.
Atkins was the son-in-law Of the muir
dered woman and Is a school teacher at or
near Richmond. in Fort Bend county, while
& Grant Williams lis barber by calling and
\ both defendants move In the upper tendon
4 OF colored society.
From the standing OF the parties and
the sensational features surrounding the
K Killing, the county court room was so
\ densely packed with spectators duriug tho
i forenoon that egress and ingress to the
court room was absolutely blocked except
4 BY the private entrance through the county
4 clerks office.
The pressure was 80 great upon the "a
pacity of the room that in the afternoon
/. Justice Fit2e transferred the further hear
ing OF the case to more spacious quarters
occupying the Eleventh district court room.
Atkins was represented by J. II. Brock
man and Williams by Oscar u. kirkland,
well known attorney Of Richmond
II was intended that the oase OF Grant
4 Williams be tried first, but it was finally
\ agreed to tako up the Atkins case and
bring out in that whatever evidence might
apply TO the Defendant Williams,
The witnesses were placed under the rule
and the first one paned upon the stand
lior the State. represented by County At
torney IL. IL. Vasmer. was Eta Benchley,
daughter OF the dead Woman, who was
! sleeping with her mother on the night she
4 was killed. Her mother WIS alive and
( we'll about 1916 1t was hsstween u and
( that witness was awakened by her mother
telling her that she had been hurt. She
died about I o'clock next morning She
& was conscious before she died and during
the time she dictated viii leaving bor
properly TO her Ave ehluren. Witness was
shown diagram OF house, Indicating the
room where the killing was dane. etc, by
(which she pointed out tho entrances Tho
location OF the bed where she and her
Y mother slept etc. and where the killing
MAS done She pointed out the room In
! which her brother Chester was sleepir.
Another room IN the house was occupied
~ a roomer, George Ashley, but no did
lot sleep there that night. There WIS
1 40 electric light near tho house, but one
/ lbout two blocks away Witness had com
,any that night, MIR. Ramus and Mr.
I 5tuderyiile, and she did not retire I'LL after
Il ler neither had gone to bed. Her company
I ctt about 10 o'clock, when she retired 1'ho
( ioor 10 her mothers room wns not Locked
4 IN tho night of the killing. There were
3 ieveial doors that were not locked, but the
( 'front.' door was Witness was first awak-
{ med by her mothers hand upon her face
I saying tmlt aome enc had knocked her in
! he head. She did not say that she had
ieen shot. Witness thought hcr mother
4 raS uitNhiilS anu huooh ntr. nut on get
!. Ing up and lighting Il lamp she found her
I nother's face full OF blood and all mashed
4 y. Her mother was 4 light sleeper Whom
Z witness got UP she found a sledge hammer
1 y the room that did not belong thore.
& The had never seen It there before Mhhn
he found her mother hurt she ran to the
/ window and called for Mr.. Oalor, Another
y Gentleman answered Witness said some
4 ne had killed her mother Her mother
s. sas conscious after Mr.. oslcr came IN
Il The did not know who had hit her. Wit
fess did not notice the condition of tho
GUNNER. whether II had any blood or hair
Z o II, A light In Mr.. Osler's house would
ave shonc into her mothers room There
sasl no electric light that would cast any
Il lght in the room. Mother asked who had
I truck her. Andrew Atkins was her broth
i r-in-law. He married her sister Anna.
! VT they were not living together. hut were
4 pt divorced. Witness saw Atkins the Sat
I rday night before the killing. He asked
II Or her sister and said he wanted 10 have
II talk with her mother. Her mother re-
z used TO see him. Iic wanted TO know
Ii faat the old lady had against him Wit
n 60 said she did not know anything about
4 She refused to tell Atkins where his
n iitp was. About three weeks before her
u 1nther had told Atkins to leave the house.
81 ne tc1d him then that she had told him
Il nce hef0re not to come back to the house.
nlrtnx the holidays Atkins had come 10
Fl pp 1Quso to see his wife and then had
!; A!1q cpnverHation with her mother. which
!. zNam dtd not hear. Atkins was als1, al
tI4I-l