The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-09

- 80
| Justice ". B, NH was placed upon tn,
stand and testified TO his holding an in.
quest upon the body OF Mary Bencbley
He was asked what his verdict was. bu
the defense objected to tho question as Il
would be simply his conclusion and no'
evidence. This objection was sustained ant
| witness went on TO describe the condition
of the body. the head being all mashed In
on the left side and hole In the back ol
the head. The whole cheek was mashed IN
AK though hit with 4 hammer. Witness
did not see the deceased alive.
Court then adjourned.
Upon rcassembiing Counsel Brockman for
| tho Defendant Atkins gave the State warn
ing that they would object TO the introduce
| ton Of tho testimony OF the negro Tos-
/ ton on the ground thnt he had been In
| the court room and had heard the tes'i-
mony Mt tho forenoon session, while all
/ the other witnesses were under the rule.
| His testimony was also objected 10 On the
/ part OF the counsel for the Defendant
Grant Williams, rs his testimony was the
/ only evidence against Grant Williams, and
4 It was clearly inadnissiblc.
Tho Stfte offered Toston as witness
| and the court ruled that the testimony was
| admissible.
i Tonton was then sworn and placed On
! the stand. 1t was Toston who confess
to the Killing Of Mary Benchley saying
that he bad been paid TO do II by ATKINS.
| He said he had known Atkins about a
month and Il half. He met him frequently
during that time. He started TO say that
| Atkibs had spoken 10 him about kiliing
scmeone. when counsel for the defense ob-
| jected to the testimony, on tbc srounU
that he was u confessed murderer and On
that ground the testimony duplicating 9TH
crs was not admissible.
Counsel further contended as a principle
OF law that u MANS confession Of guilt
could only be used as against himself, and
that Tostons testimony could no; be used
rs againnt Atkins and Williams unless the
State was prepared to dismiss the ebatge
as against TostoA himself
The states contention was that they
We're not attempting to use Toston's con-
fossion, but were using him as u living
and direct witness. They were simply us
ing his evidence az that OF an accomplish.
which was admissible under the Nw when
corruborattd.
The court ovcrruled the objection AID
the testimony was continued by Tostln
continuing to shy that Atkins had told him
that he wanted to kiln his mother-in- law
because she had killed his child Atkins
then offered him 500 to KIN her He pro-
tested, and told Atkins he had better do
the work himself. Atkins told witness that
no would see that he uhe witness) was
protected. All this occurred at Richmond.
lhey started 10 come To Houston a week
before they did. hut witness was busy GIN
ming and could not get Off. Atkins had
traded with old man Winters for good
pistol II WIS on Thursday evening thai
Toston aud Atkins left Richmond for Hous-
ton. Atkins gave witness 81 to buy his
ticket to Houston. After he and Atkins got
to Houston and went to Mary Benohleys
place TO have II pointed out to witness
ATKINS gave him another 81 30 to ouy
whisky. On the wny TO Mary Benchleys
house Atkins gave witness a pistol, which
he took out OF grip Grant Williams
was also on the train with them from
Richmond. II was on Thursday night that
Atkins showed witness the Benchley prem
ises aud told him TO 30 In the back way.
lie told him how to distinguish the oil
lady and the girl. They saw the girl
through the window, and as she passed
Atkins pointed her out to him. He also
pointed out the old woman, and said thut
is the one to kill, After he and Atkins
separated near tho Missouri, Kansas and
Texas depot witness want to salo1
and met Grant Williams there. This was
about 10 o'ciGck Thursday night. He aud
Williams were together until o'clock n.
IN. On the following day Friday witness
was around drinking all day At night he
Went TO tho Benehley house and stayoi
around there until about O'Clock. He
lhtn went into the house through the
Kitchen and into room where there wns
bureau and whore Mary Beneh1cy WIS
sleeping WitnoEs went to the bed, and
Mrs Bencllcy raised NJ and said who
IL you?' He then shot her with tho gun
ATKINS gnve him. He left Immediately
after the kllling nnd took the train next
moining for Richmond Wien he met
Grant Thursday night, Grant wanted To
knew " he, witness. was going 10 do rs he
VIVA tod TO DO, Witness did not know
What Grant meant by this. except that II
meant was he going = 10 MS tho good
father told him to do.
When witness went into Mary Borpsh
ley's room the light from the two-stoyy
house close by shone In through tho win.
dow Witness did not see anyone in tho
room except Mrs, Benchloy
On cross-examlnatlon witness admitted
10 having made confession after he waa
arrested and brought TO Houston. There
We're several points in the sworn stale.
ment which the witness contradicted, He
had no intelligent explanation to make OF
his contradictory statements made In his
confession He first aaid he did not Pc
manibcr having said t. then II he dil
say IL II must have been so. This was
In reference 20 that portion of his state,
killed Mary Bcnchlcy He admitted finally
that he did tell Judge Hin that Atkins
had killed Mary Benchley, bur when HI
got his mind Strengthened he told Judg-
hin the truth--thnt he killed the woman,
Witness stated that Atkfrs wanted him
to shoot the old woman Thursday night
when ho first pointed her out, SO that he
could see her die, but he said he dtd NOS
want to be mixed up In It, Tho witncs,
was stubborn aud tacturn In his crnss-
examination, and denied many of his state
mepts made In the confession, though 10
the material points adhered very persist
entity.
Mrs NJ. L. Gordon, colored. had known
Atkins about four years. He and his wife
had been separated about two years. About
three weeks before the killing Atkins ,n-
sisted that witness try and get his wife
to come back to him. He said II Il were
not for TINT 'old bag tn,eaning Mrs.
Benchley) his wife would live with him.
DR.. II Robertson testified to seeing At
klns and Toston together on Thursday
night. January 2S between Z aud S O'Clock.
on Waverly street, about block from he
Benchley house, going toward the pench-
10y house. Witness did not nee any ain
being carried hv Atkins Atkins wore a
A.