The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-06

cUlv,n fostoa Contesses to Having
Killed Mary Benchlcy.
SAYS ne WAS EMPLOYED TO DO IT,
~ WAVES Examinatior and II COM
Utica without Bail--rrcliminnry
nearing or Atiins Postponed.

Y Yesterday was u"y "
!. around Justice Fitzc's court. caused by tn
soport becoming current that a man ha'
/ been arrested who had confessed to tn
!, Milling Of Mary Benchley.
And such was the case.
Deputy shGir Archie Anderson ha
worked porsistently on this case until hi
I, secured q confession from negro names
\ Calvin Toston, whom he arrested In Rich
uiond. confcssing to the murder and tell
i ing why aud how he did II.
Tho preliminary trial of Andrew Atkins
\ charged with completely In tho murder
h was called In Justice Fitze's court yostcr-
! day morning and the court room was
{ packed with crowd OF spectators whose
l. curiosity was whcttod by the whispeilngs
4 around the court room that the real MUIR
!, dorcr OF Mary Bonchley had confessed to
the crime. been arrested and that ho along
i with Atkins would be tried for tue crime
Tho rumor was confirmed when CALVIN
/. Toston was brought hnndruiied into the
i court room and later on an AFFIDAVIT was
read TO him. charging him with the murder
/. Of Mary Benchlcy.
i The making OF the affidavit against CAL
4 vim Toston was based upon the following
!, confession.
The State Of Texas County Of Hnrris
Before me, w. Is. Hill, il justice OF the
/, peace In and for Harris county, Texas, on
i this 4th dry OF February, 1893, CALVIN
TOston after being by mo duly warned ac-
fcording to iaw, deposes aud says that Just
fbafore Christmas last / moved on the Me-
,Cloyd place near Richmond (about four
'miles); Atkins Il school teacher tclosr 10
Imy housed, came to me and wanted me 10
kill his mothcr.in law. This whs about tho
n LIST OF January. He offered me 500 10 XIII
l4her. lie came tho next day and continued
(, IN. j at first told him would not do this;
gthat | would not XIII any one. Then ne
said tho renson he wanted hor killed WIS
THAT she was the cause Of he and his VIE
aparting. aud that the old woman killed Ids
tbaby, and said II / would 80 and kin her
ehe would give me 500 cash in hand ~
Soon as the work waB done. | told him !
couldn't do that was u poor nnn, aud
s1ie told mo il | would do that need not
suffer for anything. l told him then
would rather for him to get some ono else.
u would not do it, He said must be scpred.
N said no, but | didn't feel right 10 do
such thing. He asked me then could !
come down to Houston with him. This was
ssabout two weeks ago. lie tlrst wanted me
10 come Then hn asked me twice AFTER.
wards, Atkins came week ago last Satur.
Iny to Houston, but | didn't come with
him. He came back home OF the following
Sunday, and Monday he told me that Tho
Way the thing was fixed that need not be
Rfraid. lie told me he Ind seen his sister
.iwhle In Houston and had asked her where
WAS his wife. His sister would not tell him
where hts wife Was She said she WAS
afraid. He told her TO tell her mother 10
lsomc there. that he had a present for her.
This WAS at the gate The sister Told the
sIx.r ia N L. H.
Any present. for him To 20 about his busl-
! heas. He then told mo there was u e. 500
'or me. He said he could do II bimseif. but
,1flc would be caught II he should do H.
Hhen told him II he was caught II would
make 90 difference, as he would have his
! i'eycngc. He then asked me II would come
4 and go with him to Houston Thursday y
lsold him | was going 10 Houston, but /
wasn't going TO Kill any one, that he had
I scen worrying me for Two months. He Of
4 .ered to pay my way, md did pay my way
10 Houston We got TO Houston and got
'an al the depot, and then We went to the
J boarding house across from the Magnolia
brewery. That u.s. Atkins myself and an
!. fld man We're together. staid outside and
Atkins aud the OLD man went into the
!, boarding house and Staid about twenty
minutes, Then Atkins told me TO come
/ Nth him and he would show me where the
h fouse was where HIS mother-in-law lived.
4 When We got there hn said he would stop
!, md wonld know that was the house. He
\ vent on before me. He stopped and
Z vent up TO where he was Just In sight all
/. ne way over. He told mo 10 keep that dis
lance. When ! got mp TO him aftor no
sittopped he told mo thilt the house next
si,o the two story house and vacant lot
IA the other side was the house @hcro she
rNved. stood then Mt the gntc Of tho two
q tory house and Atkins went into tho yard
g4af his mother-in-law. He had already
sointed out the old lady to me rs she
ssassed by the window. Tho girl was comb
], ng her hair at the bureau,
.iFs Hc wanted me tei shoot her then. IL,
lad given inc pt,ol ut little bee,
ialoou on street just before We turned
ts,p 90 to the house. / told him was nc,
ssiioing to Kill that woman and wanted Il
Il tive the pistol back. but he womld nai
Jake u, saying that WAS not the only psio
y had out and II that one didn't do the
S,sfcrk smother one would then told hin
"a another Que would, let him do Il. Their
HE said he would do H. but they woult
'I2uspicion him and he wanted TO be SO II,
i. 3puld prove himself out Of H. ! said tina
fus the way, prove himself, out OF IL an,
III gave me In H. And he said had n,
y money, he did, and could get me out OF 1t
fhun he took mo around back of the var,
&! the house and showed me where I coult
a et over the fence aud showed me III,
u Ypor ! could 40 into, and told me SOM
4; meH y man stayed there. and said every
y Aiug would be all right. II any ono inter
Ared with me ! must kill them all
AID would not start H. that wouli nc
81 " anyone, md II was the best to lei N,
toue lie tried 70 get me to gct over III
MI 3uce then and XIII her, so h. could see Il,
m told me how the house sas blllr az,
81, AID II the man Was there that no wouIt
iEf ID In the front room on the left HIND Mi,