The Topeka state journal., 1911-08-05

DR.. YOrL's Murder.
"Dr York was the last man to be
murdered and the first whose body was
found in the little grave yard behind
the house. Dr. York lived near In
dependence and had ms &c a trip to
Fort Scott to visit his relatives and it
was on his return that he was killed.
His murder occurred probably in
March for there followed several weeks
] of search and inquiry in an effort to
| trace him. John Bender came to one
of the meetings which our citizens
committee held to talk over the mys-
tery-keeping himself informed, of
course as to the directiol of our hunt.
L do not recall that suspicion was pub
licly turned toward the Sender fam
l lily at that time. So far as most of
the neighbors knew the affair had
blown over before the Penders finally
left. Col. York, the doctors brother
had kept up careful search until
every part of the adjacer4 country had
been gone over. The missing man had
been traced on his journey home from
Fort Scott to the Usage Mission. The
Benders said he had stopped at their
place. watered his horse and gone on
toward Independence. When he start
ed out on the independence road from
Usage Mission he was never again seen
alive by anyone save the Benders.''
The Benders' Flight
Mr.. Sparks recalled the circum-
stances surrounding the departure of
the family of murderers. Two brothers
by the name of Tolle lived two miles
east of the Bender place. being next to
Sparks, their nearest neighbors On
Saturday about the first of May, 1873,
one of the Tolles took occasion to ride
by the Bender place to tell them to
guard their cattle which had done
some damage to his growing crops.
Evidences of the desertion of the
place were Immediately noticed as he
approached the house, the doors of
which were closed. The body of a
young calf, dead from starvation, was
found in the barn. It had been left
tied and had perished from want of
attention. Some gaunt pigS. likewise
nearly dead of starvation, were suueal-
| ing in their pen. Tolle kicked down
the bars of the pig pen ard .et the ami
mails out to forage. He then spread
the news of the disappearance of the
Bender family, which intelligence be-
came generally known on Sunday
when the real investigation was set on
foot.
''It was while a crowd of people
were examining the premises of the
Bender homestead that someone recol-
lected having seen a note in a Thayer
paper reporting the taking up of a
team of horses and wagon that had
been left standing at the edge of town
some days previous. Mr. Sparks with
Frank Ferguson acted as a committee
of two to go to Thayer on Monday to
look at the team and wagon. Suspicion
was directing itself toward the Benders
in connection with the death of DR..
York and the rumors of the disappear
ance of other travellers on the Inde-
pendence road. But it was not yet
sufficiently strong to arouse the coun-
! try in a search for the missing family.
The Team Identified.
1t required but a moment to identify
the Bender team which had been found
in Thayer, and Sparks and Ferguson
sought further information from the
local railroad ticket agent. While
1ected having sold four tickets to a
party Of travellers a few days previous
1y. He believed they had purchased
tickets to Humboldt but was not sure.
Someone else in the town remembered
having seen a small dog, afterward
found with the team, kicked from the
steps of departing passenger train a
few days before. Such was the fare
well of the Bender family, not one of
whom, believes Mr.. Sparks, has ever
since been seen and recognized.
The Bodies Found.
Word was immediately sent by mes
senger to Col York, brother of the
missing doctor, advising him to come
to the Bender place. and he reached
there Tuesday, when the Bender grave
yard was discovered. Furrytng home
with the confirmation Of the family
unceremonious departure, Sparks and
Ferguson assembled the neighbors and
with Col York they broke into the
Bender house which had not hitherto
been entered.
Little had been taken away. appar-
emily although. since the family lived