The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-25
BENHAM'S APPEAL FAILS.
HIS CONVICTION FOR WIFE MURDER
FINALLY AFFIRMED.

Decision of the Court of Appeals In n
Famous Central New York Cass-Ben-
ham was Accused OF PoisoninE His
wife to Get Her Money-Wrote n Book.
ALBANY. Oct. 24.-The Court Of Appeals
handed down a decision to-day Affirming tho
conviction Of Howard C. Bcnham OF the MUIR
der Of his wife on Jan 1. 1897. The Judges all
concurred in the findings OF the court except
Judge Nnnn. who dissented. The opinion
affirming tho judgment Of conviction was
written by Judge Haight 1t says: Every
question raised required careful and serious
consideration. We have given the case much
time and careful thought. but have found no
error which requires a now trial"
The Benham murder case is to Central New
York what the Carlyle Harris case was in this
city in respect to he great interest il excited
and the ardor with which the public have
ham eloped with Florence Tout. on Aug. 4.
1872. from he town Of Byron. whore she lived.
She was ut this time ~ years old and he WASH.
She was worth S4O,OOO in her own right. After
their marriage the young couple went to live in
Batavia. where Benham and his father started
a private banking business, 1, was asserted.
with Mrs. Benham's money. The young couple
uuarrellel and tho wife threatened to leave tho
house. 1t was shortly, after one OF these
Illieott avenue. early in the morning OF Jan. 4.
some talk o. strained relations between wife
and husband aud the financial relations OF the
pair led to so much talk that an inquest was
held. and the cause Of death was announced as
heart disease. The burial followed. A few
days later s. j. Elliott. a local pharmacist. an
Benham. aud that Ben ham had. shortly before
the purchase. been deeply interested in q
murder case in Canada in which prussc acid
was the medium. and had asked minute uues-
tons about the action OF the poison aud it's
traces. On this inf ormation Mrs. Ben q
body was dis inferred. and later DIR. Nanden-
burgh. city chemist Of Buffalo. announced that
he had found traces OF pruasic acid. Benham
was indicted in March. 1897. for murder in the
first degree.
On the trial it was shown that on the night OF
Mrs. Benham's death. her mother. who was
visiting her. heard Benham urging her to take
something. and heard quarre between the IN
Shortly afterward she entered the room and
found her daughter dying. 1t was further
shown that BenhHm had been paving attention
TO n girl named May Wizard. and that shortly
before the death Of Mrs. Benham he had said
to Miss Ward. Never mind. May: We will
eonversation in which Benhan had said
that prussc acid was the best way to
get rid OF anybody. To prove motive.
the prosecution brought out not only
the quarrels between the Benhams and his al
tsntions to May Ward. but also the fact that
1t was commended. however. that the will Of
fcred as hers was fraudulent. Tho defence
rested mainly on expert testimony. DR.. X. A.
Witthaus of this city. being the star " tness
The jury found Benham guilty OF murder in
the first degree. on july 2' 1897, and he was
hna since been in Auburn Prison and has writ
ten IA novel. from the sale OF which he hoped &c
make money enough to pay his lawyers for a
second trial in case his appeal was granted.