People v. Benham

• Citation: 160 N.Y. 402,55 N.E. 11
• Parties: PEOPLE v. BENHAM.
• Decision Date: 24 October 1899
• Court: New York Court of Appeals Court of Appeals

160 N.Y. 402

55 N.E. 11

PEOPLE

v.BENHAM.

Court of Appeals of New York.

Oct. 24, 1899.

Appeal from supreme court, trial term, Genesee county.

Howard C. Benham was convicted of murder in the first degree, and appeals from the judgment and an order denying his motion for a new trial. Affirmed.

Vann, J., dissenting.

W. F. Mackey and W. E. Webster, for appellant.

Frederick S. Randall, Dist. Atty., and Myron H. Peck, Jr., for the people.

HAIGHT, J.

The defendant, Howard C. Benham, was indicted by a grand jury of the county of Genesee for the crime of murder in the first degree, which was charged to have been committed at the town of Batavia, in said county, on the 4th day of January, 1897, by administering to Florence Tout Benham a quantity of hydrocyanic acid, commonly called ‘prussic acid,’ with the deliberate and premeditated design to effect her death, from which she died at that time. The defendant was brought to trial upon the indictment at a term of the supreme court held in and for the county of Genesee on the 21st day of June, 1897, which resulted in a verdict finding the defendant guilty of the crime charged in the indictment. A motion for a new trial was then made, upon the grounds that the verdict was against the law and the evidence; that the jurors, or some of them, were guilty of misconduct, and were not proper persons to sit upon the trial; and upon the ground of newly-discovered evidence. The motion was denied, and on the 11th day of September, 1897, the sentence required by the statute was imposed.

Florence Tout Benham was born July 11, 1876, and was married to the defendant August 4, 1892, at the age of 16 years. After her marriage with the defendant they first began keeping house at Byron, Genesee county, but subsequently removed to Batavia. In December, 1894, she gave birth to a boy, and at the time received an injury which did not fully heal, and an opening remained between the vagina and rectum, through which a portion of the rectal contents discharged. Some of the evidence tends to show that, notwithstanding this, she recovered her normal health. In April, 1896, she was again sick, complaining of a pain and tenderness in the lower part of the abdomen, and was then attended by Dr. Townsend, who diagnosed her case as pelvic peritonitis. He prescribed rest in bed, a fluid diet, and two grains of morphia, with thirty grains of phenacetine, to be divided into twelve powders, with directions to take one powder in four or six hours, as long as the pain continued. She recovered from this sickness, and was again apparently in her usual health, riding her wheel, visiting the stores in the village, and attending to her household duties, and so continued until Christmas night. On that night she was taken sick, but no doctor attended her until the afternoon of the 27th, when Dr. Tozier was called, and informed that she had been vomiting. He examined her, and found her pulse and temperature normal, and discovered no objective symptoms of disease. He left a prescription, with some directions as to her diet, and went away. The next morning he left some chlorodine tablets, containing a twelfth of a grain of morphine. That evening he found such symptoms of morphine that he directed the use of the tablets to be discontinued. The next morning he found further symptoms indicating that she had taken morphine, and he had a talk with the defendant with reference to it, who then took out of his vest pocket a powder of morphine, and said that he found it under her pillow, that Dr. Townsend had prescribed it for her on a former occasion when she was sick, and that she had taken it ever since. The doctor then said that was the cause of her present trouble, that she must not take any more, and that he would have a talk with her about it. The defendant requested him not to do so, saying that she would be very much mortified to have it known that she took morphine. The doctor then told him that she must have a nurse to watch her, and the defendant said that her mother was coming, and that a nurse would not be necessary. The next morning he discovered still more morphine symptoms, and describes her as restless, and constantly pushing something from her face. The defendant then showed him a box of morphine powders which he said he had found, and remarked that she had become a morphine fiend. The doctor then spoke again about a nurse, and defendant said her mother was coming that evening, and would not care to have one around. The mother came, and remained until the evening of the 31st, when she returned to her home. On the morning of that day the doctor found her apparently better, and did not observe any further symptoms of morphine. He did not call again until evening, and after her mother had gone. At about 8 or half-past 8 o'clock in the evening he received a telephone message, and went over to the house, and found her in a state of collapse. Mrs. Prentice was working for the defendant as cook, and Kline as coachman, and both were in the dining room. Benham asked Kline if he would stay in that night, and Kline said, ‘All right.’ Benham then said, ‘Wait a few minutes,’ and went upstairs. They soon heard Mrs. Benham scream at the top of her voice. The defendant called Kline, and he and Mrs. Prentice went upstairs. They found the decedent in bed, with her hands drawn up, her fingers twisted, and her eyes bulged out and rolled upward. She drew up her legs, and pushed them down against the footboard, threw her hands and struck them, and seemed to be in great distress. She continued throwing herself and screaming for about 15 or 20 minutes, frothing at the mouth, and then commenced vomiting. Before she vomited they noticed a strong and offensive odor from her breath, which they had never observed before. Mrs. Prentice and Mr. Kline rubbed her hands and arms, and tried to ease her, until the defendant went to the telephone and called the doctor, who shortly afterwards arrived. After vomiting, Mrs. Benham appeared to regain consciousness, and called for her mother and her boy, and said to defendant: ‘Too strong, too strong. I told you it was too strong.’ During this time the defendant paced the room, chafing his hands, and appeared to be greatly excited. He said the attack occurred while he was getting her out upon the commode, to which she replied that she had no recollection of getting out of bed. After the arrival of the doctor he gave her a nitroglycerin tablet, and examined her pulse, but was unable to find any. He then watched a few seconds, and, getting no response from the pulse, injected into her arm some brandy, and soon found a feeble pulsation. He says that upon his arrival she was lying upon her right side, with a moderate cyanosis of the face and lips, which is occasioned by the stoppage of blood in its circulation. He found her feet cold, and caused cans to be filled with hot water, which he placed between her legs, at her feet, and on either side of her heart, when she quickly rallied, and within 10 or 15 minutes was practically out of danger. He remained for some time, until she had apparently fully recovered, then, leaving some of the nitroglycerin tablets with instructions to use one in case she should have another attack, went home. He tells us he was unable to account for the condition in which he found her. Mrs. Prentice remained with her the rest of the night. The next day the defendant went to her with a cup in which there was medicine, and said that Mrs. Benham would not take it from him, and wished her to go upstairs and give it to her. She took the cup, and went up to Mrs. Benham's room, and asked her to take the medicine. Mrs. Benham said to her, calling her by name, ‘You wouldn't ask me to take it, would you?’ She said to her, ‘Why, I would like to see you get well.’ Mrs. Prentice then threw the contents out. Shortly after the defendant came into the room, and asked if she had given her the medicine, and she replied in the affirmative. He then stepped into the bathroom, came back, and said, ‘You have not taken that medicine.’ Mrs. Prentice replied, ‘Well, it is as well perhaps.’ To that he said nothing. Mrs. Benham then continued to improve until January 3d. On the afternoon of that day the doctor was passing the house, and, seeing the defendant out at the barn, stopped and inquired how Mrs. Benham was, when the defendant stated that she had had another of those attacks, but that he gave her a nitroglycerin tablet, and she quickly recovered from it. The doctor then said he would go in and see her, but the defendant replied that it was unnecessary, as she was all right. The doctor agreed to call in the evening, and went on. The statement of the defendant to the effect that Mrs. Benham had had another attack that afternoon was denied by the other members of the household. That evening the doctor called about 9 o'clock, and, after a partial examintion, the defendant asked him if he thought she was very sick, and the doctor replied in the negative. The defendant then said that he thought she was a very sick woman, and thereupon the doctor made a careful and through examination of her, and testified that he found nothing abnormal. Her condition was such that he joked her about putting up a job on him, and that he was suspicious of her belonging to a class of ladies that enjoy poor health, and assured her that her heart and lungs were as sound as a woodchopper's. That night about 3 or 4 o'clock the defendant called for the doctor at his house, who got up and dressed, had his horse hitched up, and, with the defendant, immediately drove to his residence. He entered, and found Mrs. Benham dead. The mother of Mrs. Benham had arrived on the evening of January 2d, and from her, Mrs. Prentice, and Mr. Kline we have the details of the occurrence.

It appears that the mother of Mrs. Benham retired about 10 o'clock that evening, sleeping in the front chamber, and, before retiring, she had...