The Topeka state journal., 1911-08-05

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in squalor there was little left behind
save the remnants of their stock of
merchandise and some household
things. The door in the floor was soon
discovered and the bIood-stain on the
Intel heightened the fears of the
searchers. Below that door was found
a rude cellar, merely an irregular ex-
cavation. unwaIled and unlighted, save
from the outside cellar doorway.
Nothing of importance was found be-
low, though there was a frightful
stencil in the little cellar. The search
was then turned to the yard
First Body Found.
Persistent cultivation Of the door
yard had been one of the habits of the
Bender family. 1t had been plowed
and narrowed regularly, sometimes
without apparent reason, but the hor-
rible meaning of this activity soon be-
came apparent. Some distance from
the house it was presently noticed that
the surface of the sol, had cracked
! slightly in the form of a rectangle and
a scarcely noticeable depression of the
soil inside that square was observed.
Prodding with q pole developed that
this ground was softer than that out
side. A few minutes digging uncovered
the body of DR.. York. His clothing
had been partially removed and moth
! ing by way of coffin or shroud had
been employed in his burial. A wound
where the skull had been crushed as
with a hammer-blow bore testimony
of the manner of his death. Further
examination of the murder farm was
suspended for the day, the searching
party scattering to spread ews of the
! discovery, set the county authorities on
the trail of the fugitives and to prepare
the body of the murdered man for
burial.
Six More Bodies Found.
Next day, however, the digging was
resumed with method. A breaking
plow and team were brought and fur
rows made across and around the plot
of ground which the Benders had so
faithfully tended. Behind the plow
men followed prodding the ground to
test it's firmnesS One by one six more
graves were located and each in turn
gave up its CHASTITY evidence of the oc-
1cupation of the fugitive hOm esteaders.
One grave had been made in what was
presumed to have been first intended
flor a we'll. the circular CIening shown
in the illustration. In every case, save
one, the bodies showed that blow on
the head had taken the life of the vic
tim. The one exception was that of
little girl of perhaps four years, whose
her father. It was thought she had
been choked to death.
The names of the seven Bender vic
Tins as finally ascertained are given as
follows: DR.. William H York of IN
dependence, Benjamin NJ Brown of
Howard county, John Greary, w. F.
McCrotty, H. F. McKegzie, 6. w.
Laugchor and his little daughter. No
date was actually determined for any
one of these deaths and several of the
victims remained unidentified until the
widespread newspaper reports brought
relatives from distant counties or other
states. Probably some of the murders
dated back more than two years.
Search for Benders Futile.
81 am positive no member of the
Bender family has ever bee. captured
or punished for their crimes said Mr.
Sparks in conclusion. My interest
naturally has always been keen in fol-
lowing reports of their arrests and on
two occasions 1 was, myself. sent to
identify suspected men. 1 made one
trip to Denver where it was believed
John Bender had been found and a
second time I was sent to Fremont,
Neb. A man living there was believed
to be John Bender, but he had never
been arrested nor publicly accused.
met and talked to him. He was not
either of the Bender men. Naturally
1 have followed every subsequent re-
port of their apprehension with deep
interest but never has a description of
a man or woman arrested as one of
that family ever tailed. I am certain
they have never been caught
Among other individuals now living
who helped in the investigation of the
Bender farm Mr.. Sparks named John
ISperry of Thayer, Frank Ferguson of
Morehead and Frank Deinst of Par
sons, formerly sheriff of Labette coun-
ty. There may be others whose resi-
dence he does not know. but most of
the people who were familiar with the
many of the men who helped uncover
those graves are long since dead.
A Story of the BendeTs' Killing.
One report which has been widely
Icredited and never actually disproven
was from the dying statement of a
man who formerly lived in Montgom-
cry county. He asserted that he was
the last survivor of a vigilance com
mittee which followed the Benders,
killed them and burned their bodies on
the Verdigris river near the line of
Oklahoma, a few DAYS after their
: flight. Apparent combinations of this
report have come from various sources
in subsequent years but it has never
been well established. The vigilantes
had promised one another that they
would never disclose their participa-
upon the family.
According to that story the Vigil
antes found the family in camp at a
lonely place, killed them after fight
threw the bodies into the river and
burned their wagon. They claimed to
have divided several hundred dollars
Tin money found on the bodies of the
Bender men and to have agreed to
| keep still about it for fear their own
fright to the money might be ques-
itioned.
As this story conflicts with Mr..
Sparks knowledge of the manner and
direction Of their flight, and as it would
seem impossible for it to remain sup
pressed for years during such intense
excitement over the case, E1r. Sparks
points out that this and similar stories
Iseem too unreliable to BE- trusted.