The review. [volume] (High Point, N.C.) 1908-19??, 1919-03-13
BOUND OYER TO THE
HIGHER COURT
EXPRESS AGENT BENNER HELD
FOR HIGHEH COURT.
Lengthy Trial Friday With Much Le-
Gal Talent Displayed and an Abun-
rtance cf Evidence MISUNDERSTANDING
VIII Sit e Case in Anril 4. = =

-SpSthy = FtdI FTlQdy WIFI MuCH IS-
Gal Talent Displayed and an Abun-
.Nance Of Evidence introduced-Jury
vii: Sit c.. Case in April. ta~s<4#
III tlLu4cfpal Court 1u..y afternoon
Judge Allen Austin bound over to Su
per1or Court S. P. Benner, express
agent CT this city, who stands charged
with having two wives. The charges
which caused the arrest and subse-
quent binding over OF Benner were
brought by his first wife who was ac-
companied here by her daughter, both
Of Philadelphia.
It was admitted as evidence that he
was married to the woman bringing
the charge, Mrs. c. Benner, of Phila-
de1phia, but it was only by hearsay
that the marriage of the defendant to
his present wife was alleged. 1t was
on this technicality that the defense
seemed to rely to clear the defendant
OF the rather serious charge.
Upon the court convening Judge
Strudwick, attorney for the defend
ant, made remarks relative to the
wording of the warrant and requested
that it be made as specific as possi-
bic and that the case stand or fall on
the warrant as it was finally wOrded
Certain changes were made in the
warrant. but the prosecuting attOr-
neys refused to waive the right to
change the warrant to suit any con-
tingency or development in the case,
as they are allowed under the law.
Mrs. G. Benner, Of Philadelphia. was
the first witness put upon the stand
by the prosecution. She testified to
nIr marriage, with S. P Benne:' ON
November IS, 1886, producing the
marriage certificate as proof. She
ole -
Mr.. Benner in 1907
Mrs. H. B. Buck, also of Philade1-
phia, was the next witness called by
the State. Mrs. Puck claimed S p.
Benner as her father and Mrs. C. Ben
per as her mother, and corroborated
the testimony of her mother.
The State next called l.. r. Spencer,
neighbor of the Benners, to the
stand in an attempt tO<prOve the mar
rlage of S. P. Benner and the woman
who has been known as his wife in
this city. A technicality was inxolv
ed and the defense objected. The
point was argued at length by the at
torreys. The objection was sustained
and the witness was recalled from
the stand. : o
IL E. HedEickz MI Robbins and y
T. Skeen, employees Of the express
company, were CdlISu ny Cn0 pIOoS-
cution. These witnesses testified that
Mr.. Benner had introduced the STEP
daughter of J. D. TAYLOR to them as
his wife. =
Spencer was then recalled to the
stand and testified that Mr.: Benner
and this woman had lived together as
man and wife for the last four Or five
years. -
Henry Nance, who lives in close
ated this statement.
Chief McGhee and Policeman Mum
go were put on the stand and gave
testimony to the effect that it was
generally supposed and understood in
the community that Benner and the
woman he has heen living with are
man and wife. Several other witness
es bore this testimony out. This COM
pleted the case for the State.
All during the evidence every point
and technicality was contested by
counsel of the defendant, and the
trial was conspicuous for the freGHen-
CIV Of the objects on the part of the
defendants representatives
Upon the announcement .bv the
prosecuting attorney that the States
case was complete the attorneys OF
the defendant made a motion for
dismissal This motion preclpltated
the argument as to the evidence pro
duced by the State, all lawyers on
both sides Of the case speaking On
the motion.