Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-06-10
benson Is FREED
ON MURDER CHARGE
Iowa Central Engineer Not
Held For killing Of Byron
E. Body
THE STATE HAS NO CHANCE
Justice Willard Discharges Benson At
ter States Evidence at Preliminary
Examination - County Attorney
Esermayer Admits He Has Been
Able to Discover No Motive.
THE STATE HAS NO CHANCE

Frank A. Benson, the Iowa Centra
engineer, who has been held under
81, 900 bond on the charge Of stabbins
and killing Byron E. Body, an Iowa
Central brakeman on the night OF
April 4, was discharged and exonerated
by Justice l. S. Willard at the prellm-
mary examination this morning. Lack
of motive, which is admitted by the
state, and the want Of evidence 20 es-
tablish Benson's guilt, are the reasons
for his discharge and release from
bond.
The motion to discharge Benson was
made by his attorneys after the state
case was completed. This motion was
based on the claim that absolutely no
motive had been established, and that
no circumstances had been proved
which tended to show that the relations
between Benson and Body were other
than friendly, also that there was no
evidence that proved that Benson
stabbed Body while enraged.
States Case Admittedly Weak.
In replying to the argument favoring
the discharge Of Benson, County AT
torney J. III. Egermayer admitted tina,
UP to this time the state had been un-
able to establish a motive to substan-
tiate the charge. He said that he had
personally followed up every clue that
he had found, which gave promise OF
leading to evidence for motive, but
that each attempt had failed OF result
He also admitted that the testimony
OF the Witnesses who were present
when the tragedy happened. and who
appeared at the coroners inquest.
failed to establish a motive. He add
ed that the sheriff officers and the
police had searched high and low for
evidence upon which to build UP a
case, but al, attempt had failed in all
the material points. @
Mr.. Egermayer argued that he
thought that by the time the grand
jury meets the state might be able to
produce the evidence needed. He asked
that IL the court felt that, under the
circumstances, it could not hold Ben
son on the charge Of murder. that 1t
hold him for murder In the second de-
gree, or for manslaughter.
DeplorabIe But Accidental.
Justice Willard, in discharging Ben
son, said that there was no evidence
which would warrant him in holding
Benson, and that so far as the evidence
produced showed, there was nothing
established that would prove that the
killing was other than accidental. He
said that the holding of Benson to the
grand jury would not bring Body
back, or lessen the sorrow Of the moth
er and family.
No New Evidence Brought Out.
From the few witnesses that the
state introduced there was nothing new
brought out. By agreement, and &c
prevent a further continuance, the
evidence given at the coroner's inquest
was admitted. 1t contained the testi-
mony Of Benson and the witnesses tt
the killing. The present whereabouts
Of two Of these is not known. Harry
Harrington, a tramp railroad man, who
was in the party, was permitted to &c
on his own bond, which bound him te
appear, but Of course he did not re-
turn. Joe Jensen, another railroad
man. who was also expected to be a,
the hearing has disappeared.
The discharge of Benson does no.
prevent the filing of another charge
against him, or Of taking the case di-
rect to the grand jury, but the county
attorney does not say that either
course will be taken.