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Assault in the Evening Journal, 1900 & 1920

Benham Murder Trial

Item

Title
Benham Murder Trial
Source
The sun (NY)
Date
1900-06-15
page
3
Identifier
https://www.loc.gov/resource/sn83030272/1900-06-15/ed-1/?sp=3&q=murder&r=0.383,0.035,0.222,0.106,0
Crime
Murder
Subject
murder; court battle
Gender of alleged offender
male alleged offender
Stage of the Legal System
trial
Location
In-State; Canandaigua, NY
Length of story
1168
Description
BBNBAM MURDER TRIAL TRIALThe TRIAlTb UBDJ raIL raILn The n Dr Dfoac Defac nc R Bt Rest ts Without Wit Calllag Cela th te tbs D Dfcndant D Be Befendant fcndant to t the t o Stand StandCAjfAKDAlooA Stod StodCANAIOUA StandCAISAISDAIOUA CAjfAKDAlooA CANAIOUA N Y June Jun u 14The The defend defendIn dfeO defencein In I the 1 Benham Dn murder muder trial ti rested rt this tll after afternoon artr artrnon afternoon noon non and ad adjournment aOu lt was wa at once ono taken takenIt tken tkenI takenIt It I had ha been bn confidently condently ept expected and ad openly openlyannounced opnl opnlanoc openlyannounced announced anoc at the beginning blnlf of the te trial t that thattha tat tatt thatthe stand and when whenthe whnteltof whenthe the t defendant detendat would take te the t lld ad the teltof last lastof of the te medical mec experts upl was Wi sworn om every everybody eer eTerybody body by expected zpt to t hear he A 0 Wads Wae of counsel counselfor ounl ounlfor counselfor for defence defenc say Y Howard How Curtis Crt Benham Benhammay Bnh Benhammay may my take te the te stand ald Instead Int of that tat he said saidThe lad ladTe saidThe Justice Houghton then thenadjourned theaadjourned The Te defense defen rests Tets Utlo Bouhtn tn tnaou adjourned aou court cur and ad speculation apaton on the te verdict verdictwas vedlot vedlotwu verdictwas was begun bun Somebody Someb declared d laM that Benham Benhamhad Dna Benhanihad had ha shown ehow hit hl sporting lptn Instinct Intnot by betting btl I to t 1 1that IUat 1that that Uat he would woud be b acquitted acuit Another Anoter surprise surprisewas eurlse eurlsewa was wa occasioned oione by the te fact fat hat at Louis Luis Wlard Wlardbrother Wiad Wiadbroter Wiardbrother brother broter of May My Wlard Wid did not Vat take te the stand standThis lld lldThil standThis This Thil together tete with wt the failure faiu to t call cl Benham Benhamla Dnham DnhamI la I explained ezpllne on the ground lund that tat the te defence dteno Is laextremely Isutmely isextremely extremely utmely hopeful hopfu qf o 0 an a acquittal Aquitt without witout this thlaevidence thl thisevidence evidence edenc and ad they Uey did not desire delr to t take te any anychances a anychances chances chancesThe chancesThe cao The Te defence defeo submitted ubmltt some very ery Import Important Impr important ant at testimony ltlmot before bfor resting rltn today Dr DrGeorge DrOrp DrGeorge of Buffalo called to show showthat aho ahothat showthat George Orp E E Fell Fl Bwalo was wa cale t that the probable probble cause cau of death d ath was heart heartfailure hsat hsattalure heartfailure failure talure superinduced suprinduc by septic epto poisoning poisoningHe poisnng poisnngHe He was we asked by Mr Ir Wade to suppose aupse Mrs MrsBenham MrsBenbam sl Benham Bnha Wi akl a frail trai woman took tok tic ticsuddenly lik sick and dle died diedsuddenly suddenly and on post mortem examination examinationIt ezmlnaton ezmlnatonIt It was w found a that she Jt had atrophy atro hy and degenerat degenerattlon decnraton degenetation tlon ton of the tb heart heat that organ being bing soft 1f and andflabby andabby andflabby flabby would he not consider CMlder that her death deathwas deathwa deathwas was caused by heart heat failure talu He le said with witha a wa smile sml cause that all 01 br deaths deatb were caused caue from heart heartfailure heat heattalure heartfailure failure talure but that her death might be b ascribed ascribedto arib to heart heat disease disa He I said further tuther In answer answerto aswer aswerto answerto to a question as I to t a probably robabl fatal tal collapse collapseIn clapl In a queston woman of Mrs Benhams Bnhams physique If Ifshe IrIh itshe she Ih was womln addicted to morphine and ad the drug drugwas dug dugwn drugwas was wn Wi suddenly addlcl withdrawn wihdrawn that It might mlht result resultfatalIV rult rulttatly resultfatally fatally He said that in heart failure fal lre there therewas therewas tatly was 1 often olen Jl pain 41r and convulsions convlsions convulsionsanda and ad a flexing flexingof ezlc ezlcof of the hands hRndl pan and limbs limbsOr Imb ImbDr limbsDr Dr Fell was asked If In the UII cam 0 of a aperson aprson aperson person Jel In the theweakened Wa weakened ukP condition cndltonMra conditionMra Mrs Benham Benhamwas Bnham Bnhamwu prson was described to be death dpah from heart heat disease diseasemight dl8 diseasemight dorlb b might rliht not nt bn b expected elJct at any moment and andbe ad adhe andhe he said Iald hit thought thoulht no noJudgo 1 soJudge Judgo Houghton lioughtonDoctOr Doctor does d death fre frequently te frequently quently occur 10ulbtonIoctor from slight exertion exerton without withoutshock wihout wihoutshock withoutshock slh shock tlon tlonI qUtDt I In a Prn person In such u a weaene weakened J cnd condi conditior J Jtlon I Ir nr r FellIt does doesJudso dos dosJudle doesJudge Judge Judle felI Houghton 10uihtonFm iloughtonFrom From sitting silin up In I bed bedDr b bedor or beln moved from b bed bedBr bln Dr Fell IelYps ellYein Yes sir I have known kow cases caseswhere 08 cueswhere where wblrl movement movment of the limbs lmbs or body by was wassufficient wal wassufficient Bmcent sufficient to cause COul death In cases ca8 of greatly greatlyweakened graUywelk greatlyweakened weakened welk nd or exhausted J hnusl hearts heartsAsked hpala hpalasktd heartssked Asked sktd sked about abut the dilation diation of the pupils pupl of the thaeyes t theeyes eyes Dr Fell tpl said aid that tat condition conditon wait Wi always alwayspresent aways awaysprJnt alwayspresnt present prJnt In death deat or usually usualy at the approach approachof of death deathDr deuthHr icathDr Dr A W Whlton Whion a I physician phTslra of South SouthByron Sout SouthByron Byron testified that he treated tento Bnnhom Dpnha In InINo 100 INo for tstltd an organic orgnlo disease dlSl lie Illearned learned about abouta abut abuta a month later that Httnham lenham was not using usl6 his hisni hI hIInllt hismoth ni Inllt moth il dries 18 altogether tut but augmented aljmentd them themby thfm thfmI themby by I the use 1 of Btogetlr prmslo prlo acid Dr Ir Whlton Whitn at that thatlime tat tatlmo thattIme lime lmo was 1M not nouwao aware that tlt thatprueslo prusslo prMlo acid acd was WI a stand standard etnd etndard standard ard remedy for the disease dlll but looked It up at atonce atonr atonce once onr rell and found loumllt It te to be b NO Dr Whlton huiton was the thnlast IhoIMt thelast last witness ltf S for the defence drpno It I Is II expected expectedthat expId expIdthnt expectedthat te that tho thecesewlllgo case CMI will llo go to totite the jury Jur In the middle middleof of next nex week weekDECOY WPk WPkDJrOI weeknErOv