The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-03-04

Bender Henson HAS Preliminary
Hearing Before Commissioner.

Hearing Before commissioner.
The preliminary examination OF
Bender Henson, charged with the
murder of c. C. Stinnett near Fox
last August, was heard by Uuited
States Commissioner 5. b. Brad
ford Saturday morning.
After hearing the testimony,
which is quite voluminous, defend
ant was held on the charge, as
stated. without bond and remand
ed back to Jail.
The evidence, in part, was as
as follows:
T. C. Stinnett, who was the
first witness, stated that he re-
sided at Alma and was farmer.
He said deceased was his uncle;
was present at picnic; saw de-
fendant there; a fight attracted
my attention-heard some one
cry fight" my uncle was thirty
or forty steps off. The parties
fighting were George Tate and a
fellow named Edwards; defendant
was about twelve feet away from
the men who were fighting; saw
my uncle walk between me and the
men fighting; uncle was not sober
or drunk; he was not quarrelsome;
he saw men fighting and said let's
part them. | said: no, sir, uncle
Clay; see that man with gun IN
his hand; he will shoot the first
man that interferes; that man was
defendant. Uncle said: he GER
tainly has not nerve to do that.
Defendant said nothing that |
heard. Uncle stepped toward the
mea. saying to the crown: he
hasn't got nerve to shoot a man,
and at once defendant shot. Uncle
fell and died He never spoke
after the shooting; defendant ran
off after the shooting entire
crowd scattered; uncle died right
there, and Henson shot him.
Gross examined by Mr.. A. c.
CruGe. witness said; Do not know
that uncle had a knife; his hands
were down by his side; uncle was
drinking some; Henson did not
appear to be excited.
j, C. Connor testified: Lived
at Fox; was 56 years old; knew
deceased for four years; was at
picnic when Stinnett was killed;
there was right smart drinking go
ing on; saw defendant there; did
not know him before: saw parties
fighting and saw defendant near
men fighting; he had sixshooter
in his hand-a large one; saw
Stinnett come up to the crowd;
did not hear Stinnett say any thing;
he got in four feet Of the men who
were fighting when pistol fired and
he fell; | had heard defendant say,
stand back; first man interferes |
will kill him; was told defendant
had a a gambling tent; Tate farm
ed "a little, but was gambler:
Tate was drunk; Stinnett was so
ber; don't know if defendant was
drunk or sober; saw no other
pistol; crowd must have numbered
fifty; saw no knife; after shoot
ing. defendant ran Off
Cross examined by Mr.. A. c.
Cruce, witness testified; Stinnett
was man who liked his dram:
defendant was distant abont ten
feet when he shot; he appeared to
me to be excited, and was waving
his pistol; Stinnett was shot in the
face, on the right side bullet went
through his head.
q. w. Smart, a farmer residing
at Fox, testified seeing the diff
ficulty at the picnic; Saw the
fighting; saw the defendant there;
saw him draw a gun; heard him
say: Stand back; | will Kill the
first man that lnterferes; this has
got to be a fair fight; this man
come up there and run over this
man and this must be fair fight !;
| will kill the first man that inter
fereS;" defendant had a pistol in
his hand, a 39, l think, blue bar
rel; saw Stinnett come up; de-