The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-06-22
H. C. BENHAM ACQUITTED.
THE JURY DECIDES THAT HK rs
NOT GUILTY OF WIFE MURDER.

dict-Benham Embraces HIS Counsel and
Both Wesp-Ths Defendant Congratulated
on His Acquittai-Ths judges Charge.
CANANpAIouA. n. Y. June 2i.-Three years
ago today Howard Curtis Benham was placed
on trial In Batavia for the m urder Of his wife,
Florence Tout Benham., and was afterward
convicted and sentenced 10 death. This after
noon another Jury brought In . verdict Of not
guilty. The moment when the verdict was
rendered was the most dramatic OF the whole
trial. Justice Houghton's charge TO the jury
was delivered this forenoon. Thu prosecution
had suddenly rested. and after q short exam
nation OF the stenosrapher's minutes Of the
trial Justice Houghton began.
you must find this defendant guilty Of muir
der In the first degree or find him not guilty"
he said. "The elements Of the lower grades
of crime are wanting In many respects. These
elements are not created SO that the jury can
escape the responsibility Of finding the de-
PENDANT guilty Of a greater crime.
He redted the charge as named In the In
dictment and said that the prosecution. as a
matter Of law, was bound TO prove that the
prussia acid was taken into Mrs. Benham's
mouth and that she swallowed 4 II down Even
II the jury decided that the evidence showed
Wv uciohudut Buuty VI s"S eN'N
70 his wife as an Injection, knowing IL to be
poison. and did IL with intent 10 cause death,
the verdict should DO one of not guilty. Neither
could there be Q finding Of guilty regarding
the administration Of morphine 10 cause death.
because the indictment did not cover IL.
He said that evidence OF the relations OF
Benham 70 May Wizard were important as bear
ing on the claim that he desired to be rid OF
his wife TO make q place for the Wizard woman.
As to the evidence of the defendants debNuoh
at Akron, with the woman known a. Mile.
Appeals had not already passed upon It as com
admitted i al this trial. lie did not believe
against the defendant. II was as much proof
that Benham did not love May Wizard a. that
he dld not love his wife.
must not be convicted. II would be an outrage
TO convict him because Of his relation with that
lewd woman" said Judge loughton. referring
70 the woman Mile; or because he resorts s;i
punish him for that"
In conclusion Judge, Houghton said: -0f
fSsr circS s m Of n ms she , TGIs' SSn ufe not %, to to
allow the result of the former trial TO influence
YOU. II makes no difference what the verdict
81 SIss she !, fG 91p sss Jury Ssys T msv S SSns are BEEN mot ,r, 90 S Senr
| differently and under different circumstances.
Besides you are the men TO DECIDE this case.
| Also thed act that the defendant did not go on
the stand cannot be taken as against him.
The defendant has a right TO say: You have
charged me With a crime; you must prove me
guilty beyond a reasonable doubt fof I am
sheraton OF the conflicting evidence OF certain
witnesses you are TO use your own good Judg-
npenrt as 70 the eredIb,lhtty or lncred,eI,ty ,S OF
witness and other Indications that present
themselves 70 you. Hyol find beyond a doubt
that the defendant committed this crime. you
are Inconsistencies unexplained or a reason
able doubt OF his guilt. you must acQuit. In
other words. render such a verdict as the
| circumstances OF the case warrant In your
best Judgment"
There we're no exceptions taken 10 the charge.
nor requests TO charge. and at lilo tho Jury
retired in charge OF three sworn officers. The
| Jurors do not hesitate TO. say that before. the
case was closed some Of them had decided
together what their verdict was 70 be. Two
Of their number were 20 vote blanks In order
10 test doubtful members. The first ballot
| vlctlon. Two more ballots gave the same
result. The fourth ballot gave a solid vote
Dy Encouragement the Court House bell was
rung TO show that the Jury had agreed, When
guilty" a loud cheer arose from the crowd in
the court room. Penham embraced A. {; Wade,
his chief counsel. and both. wept. Then all
their congratulations. 1t Is safe TO say that
| there was not a dry eye In the entire court room.
Benham Immediately left Tor the jail, where
he had his bath and took q nap. Then he strolled
| over to the Canandaiaua Hotel and talked with
his mother, who sat out on the veranda. A
crowd gathered and there was a small-sized
| reception there. The verdict gives universal
| satisfaction in this village. II is understood
that there Is much dissatisfaction in Batavia,
Benham's home, although much OF the acrimony
that was first shown when Benham was arrested
| has disappeared.
Benham has been three different times In
| danger Of the electric chair. Florence Tout
| Benham died Jan. 4, 1907. and her husband was
accused OF administering prussic acid 10 her.
He was convicted and sentenced TO die Nov. !,
1897. The Court OF Appeals affirmed the con-
viction. but two, days before Benham. was to
die Gov. Roosevelt granted a respite, and Justice
Rocker Of Buffalo granted a new trial. thus
delaying the execution OF the sentence again.
The place OF trial was changed from Genessee
TO Ontario county.
Attorney Wade of counsel for Benham said
This Is a triumph Of truth and Justice. thank
God"
Benham said: Il am delighted with the YER
dict, and II will give me an impetus TO start life
Mrs. Benham said: My boys life Is saved.
| accomplished.
Benham says he Is going 10 remain IN Canaan
daigua for q few weeks. He has accepted an
invitation TO stay with some friends. al their
cottage on the shore OF Canandalgna lake. He
sayA he cannot speak further Of hi. plans for
the future. His parents will return to Batavia
| snop rhara thay racida