Nogales international., 1945-05-25
JUVENILES CONFESS THEY
KILLED HERMAN BENDER,
AGED PATAGONIA MINER
Nephews Of Benders Widow Sign Statement Telling
How They Committed Crime Near Trench
Mine On April 29th

Armida Kellogg, IA, young step
daughter of the late Herman G.
Bender, testified from 1880 am,
to 2:15 pm, yesterday at the
preliminary hearing of Mrs. Lii
brada Bender and nephews,
Richard Rodriguez and BenitO
Arias at Patagonia.
She told of the two youths
throwing stones at Bender and
said "it wasn't the boys fault"
Attorney Duane Bird, whom, it
it is understood, may represent
one or more of the defendants,
questioned Miss Kellogg while she
was on the stand.
Others testifying at the hearing,
which ended at pm, were
Sheriff j. ]. Lowe and Deputy
Sheriff Blain Lewis. Mrs. Bender
and nephews were held to answer
to the superior court.
Benito Arias, II, and Ricardo
Rodriguez, Is, have confessed that
they killed Herman G. Bender, 76-
year-old mining man, County Attor-
ney Ruffo EspinoSa announced
Wednesday.
In a signed statement they said
they stoned the aged man into un-
consciousness. Espinosa declared.
The youths, with their aunt, Mrs.
Librada Lopez Bender, 81, widow Of
the slain man, and Manuel CaliXtro,
his son-in-law, are held in the
county Jail without bond on first
degree murder charges.
Superior Judge Gordon Farley on
Wednesday refused to suspend Grim
inal proceedings against the boys
because they are juveniles. He di-
rected Justice of the Peace Oliver
j. Rothrock to proceed as in an or
binary criminal case involving
adults.
The youths and their aunt were
given preliminary hearings before
Justice Rothrock in Patagonia yes
terday.
Espinosa said the boys related that
they, encouraged by Mrs. Bender,
beat the aged miner with stones in
front of his home near the Trench
mine about 2:30 am. April 20.
Bender pleaded in Spanish for
mercy, promising that he would give
up all of his possessions, Espinosa
quoted the youths as saying. But in
response to his pleas, Mrs. Bender
"kicked him in the back" Espinosa
said.
Espinosa said the boys, who were
arrested with Mrs. Bender in Los
Angeles May gave this account OF
the killing and disposition of the
body: .
Don't Kill Me"
After they had beaten him into
Inconsistencies, Mrs. Bender di-
rected them over the rough terrain
to the abandoned Big Jim shaft. AS
they dragged him along by the coat
he regained consciousness and cried
out: "Librada, Librada, que no me
maten" Librada, don't kill me).
They battered his head again.
At the mine shaft Mrs. Bender
took his wallet containing $71. She
discovered he was still breathing.
The boys kicked him in the stomach
to make him stop.
They tried to attach a piece of
pipe to the body with cable, but
unable to get the cable to hold the
pipe, pushed everything into the
425-foot deep shaft.
Returning to the Bender home
| ;hey burned the wallet and then sat
| an the remainder of the night fab
ricating an excuse for Bender'S alb
sence.
Return To Mine
At sun-up the younger of the boys,
accompanied by Bender's step
daughter, returned to the mine
shaft with a broom and cleaned up.
A little later both boys went back
and descended into the shaft to
remove bloodstains from pilings