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Subject: [NYMONROE-L] !! Monroe Co., NY Aug 21, 1897 (part 4)
Date: Wed, 26 Dec 2001 00:33:52 EST
Rochester, Monroe, NY
Democrat & Chronicle
Aug. 21, 1897
A SUIT BROUGHT AGAINST BENHAM
To Deprive Him of the Estate of His Wife
His Crime In Vain
Papers Served Yesterday on the Convicted Wife-Murderer Asking
That the Alleged Will be Declared Void - Genesee County
Proceedings were instituted yesterday for the purpose of depriving Howard C.
BENHAM of the use or acquisition of any of the estate left by his deceased
wife, Florence TOUT BENHAM. The papers were served upon BENHAM and other
defendants. The action is commenced in the name of Howard Sidney BENHAM, an
infant, and a son of Mrs. Howard C. BENHAM, by Mrs. Mary A. FARRANT, his
guardian ad litem, and others mentioned as defendants in the action are
George C. WASHBURN, George H. DENNISON, the First National Bank of Batavia
and Frank S. WOOD as temporary administrator of the goods, chattels and
effects of Florence T. BENHAM, deceased.
The complaint states that Howard Sidney BENHAM, who is 2 years of age, has no
guardian of his property, that Mrs. FARRANT has been appointed his guardian
ad litem for the purpose of prosecuting this action, that the plaintiff is
the only descendant of Mrs. Florence TONT BENHAM and that Mrs. BENHAM died
leaving an estate of $35,000 in personal property and about $6,000 worth of
real estate. The complaint recites the provisions of the will of Mrs. BENHAM
to the effect that $2,000 was to go to her half brother, Earl P. FARRANT, of
Byron; $5,000 to the child, Howard Sidney BENHAM, and the balance to Howard
C. BENHAM, the husband of Florence TONT BENHAM, who is awaiting sentence for
the murder of his wife early in January last.
In the course of the complaint is a paragraph which reads: "That the
defendant, Howard C. BENHAM, in order that he might prevent the revocation of
the provisions in his favor under said will and to obtain speedy enjoyment
and immediate possession of the property bequeathed to him therein, and in
order to obtain all the rights, titles and interest which the laws of the
state of New York would give him in said property, real and personal, as
husband and otherwise, on or about the 4th day of January, 1897, in the town
of Batavia, aforesaid, willfully murdered the said Florence TOUT BENHAM, for
which said offense he was duly tried in the criminal term of this court at
Batavia, in the county of Genesee and state of New York, and on the 29th day
of July, 1897, convicted of the said offense, to wit: Of the crime of murder
in the first degree."
In conclusion the complaint says: "Wherefore the plaintiff demands judgment
that the defendant, Howard C. BENHAM, be and all persons claiming under him,
may be deprived of any interest in the estate left by Florence T. BENHAM;
that the devise and bequest in the will of the defendant, Howard C. BENHAM,
be declared ineffective to pass title to him; that the plaintiff is the true
owner of the personal and real property left by the said Florence T. BENHAM
except said legacy to Earl P. FARRANT, and for such other and further decree
as the court shall seem right and just."
James SCARLET, one of the attorneys for the defense of BENHAM, arrived in
Batavia yesterday from Danville, Pa., for the purpose of being present at the
adjourned term of the supreme court on Monday, when the matter for a new
trial for BENHAM will come up for consideration.
John M. HAMILTON and John THOMAS yesterday went to the home of the late Mrs.
Howard BENHAM as appraisers appointed by Judge NORTH and made an inventory of
the effects belonging to the late Mrs. BENHAM. The appraisal was made for the
purpose of informing F. S. WOOD, the temporary administrator of the estate of
Mrs. BENHAM, the value of the property confided to his care. The appraisers
were accompanied by Fred. H. DUNHAM, of the law firm of WOOD & DUNHAM, and
Mr. and Mrs. FARRANT, of Byron. Mrs. Martin C. BENHAM and her daughters, who
occupy the house, declined to answer questions regarding the ownership of
articles in the house, and Mrs. FARRANT identified the articles belonging to
her daughter, Mrs. Florence BENHAM.
****
BURGLARS IN CHILI
Several Barns Have Been Entered and Implements and Grain Stolen
Burglars or sneak thieves are at work in the town of Chili in the vicinity of
the grange hall. The farmers in that vicinity have had many causes to
complain of the loss of hay, oats, grain and other articles. Among the recent
ones to suffer is Peter G. STRYKER, whose barn was entered and some
agricultural implements, buggy thills, whips, harness and other articles
taken. The thieves also paid a visit to the barns of James LENNOX, where they
secured some oats and other grain.
It is the belief of the farmers in the neighborhood that the work is done by
parties in the vicinity who are too lazy to work, and it is thought are in
this way securing a supply of food and other articles for winter use. There
are a number of parties under suspicion, and a close watch is being kept of
their movements. If any more depredations occur some arrests will probably
follow.
****
ARREST OF A TRAMP
A tramp was arrested yesterday at Fairport by Policeman MUNELL, after a
lively chase through the street. The people of Fairport are determined to rid
themselves of the tramp plague, and to do it at once. This man gave his name
as Fred LIVINGSTON and his home as Baltimore, but he will reside in the
Monroe County Penitentiary for the next two months.
****
THE WHEAT YIELD
CALKINS brothers were among the first to thresh in Henrietta this season and
their wheat yielded forty-four bushels per acre; Mr. BRININSTOOL'S rye which,
before it was beaten down and tangled by the great storm stood nine feet
tall, yielded fifty-six bushels per acre. Wheat that has been threshed is in
much better condition than was expected.
****
HENRIETTA TEACHERS
Teachers have been engaged for the East Henrietta schools as follows:
District No. 1, Miss HAWKINS; No. 2, Miss TOMPSON; Ridgeland, Miss CHASE; No.
5 (union school) Mr. and Mrs. BRAHMAN. Most of these are re- engagements.
****
STEUBEN
Notice Served on the Sheriff to Stop a Sunday Ball Game
Dr. J. H. McCARTNEY, owner of Stony Brook glen near Dansville, has served
notice in the name of the people, upon the sheriff of Steuben county to
prevent the playing of a game of ball at the glen on Sunday, August 22d, by
the nines of Wayland and Hornellsville.
****
HE SWALLOWED POISON
Accident by Which a Buffalo Man Nearly Lost His Life
James LEDDY, of Buffalo, aged 50 years and married and employed as a
bridge-builder by the Central-Hudson railroad, made a mistake in taking some
medicine yesterday which nearly cost him his life. LEDDY was employed at a
bridge near Corfu on the Central. He is a sufferer from rheumatism. He had in
his possession some liniment which he used for his trouble, also some
medicine which he took internally. Yesterday LEDDY took some of the medicine,
as he supposed, but instead drank some of the liniment, which consisted of a
poisonous preparation of aconite and chloroform. Both bottles had a poison
label upon them.
LEDDY felt no bad effect for a time and sat down to eat his breakfast. Later
he went to the bridge where the work was being done and almost immediately
after starting in his fellow workmen noticed something peculiar about LEDDY
as he had commenced to talk incoherently. He was able, however, to tell of
his taking the liniment, and he was taken aboard a light engine and removed
to the boarding car and Dr. CRANE was summoned.
LEDDY was found to have a weak heart and some tonics were administered and by
noon he had about recovered, though his mind remained somewhat affected. He
was taken to his home in Buffalo on a late afternoon train.
****
HAD A NARROW ESCAPE
Two Young Ladies at Batavia Caught on a Railroad Crossing.
Yesterday afternoon between 3 and 4 o'clock Miss Myrtis PAGE and Sophy PAGE,
of Batavia, had a narrow escape from instant death at the Liberty street
crossing of the Central-Hudson railroad. The young ladies were riding in a
top buggy and were crossing the four tracks at the crossing and had not fully
cleared the tracks when the gate tender lowered the gates, one of the gates
falling directly upon the top of their carriage, badly damaging the top and
striking Miss Myrtis PAGE on the back of the head.
Partially stunned, the young ladies drove to their home after giving the
details of their narrow escape, as a train was approaching at the time.
****
A BOY HELD UP
The Bold Work of a Tramp at Oakfield
Two tramps were arrested Thursday afternoon by Constable STEVENS at Oakfield
and sentenced to the Erie county penitentiary for thirty days each. An
attempt is being made by Officer STEVENS to allay the tramp nuisance, which
is increasing to an alarming extent in the village. The residents being
imposed upon by the rapidly increasing army who invaded the residence
section, large numbers coming and going on every freight train.
The little son of R. L. MILLIMAN while returning from Lamb's Hollow, where he
had been milking a cow, was stopped by an ugly tramp, who helped himself to
the milk the boy was carrying, afterwards inquiring if the lad had any money
in his pockets. Upon being told it was none of his business, the tramp
proceeded to investigate, going through each pocket, when he finally
succeeded in securing 12 cents, immediately starting for the railroad track
with his plunder, where he boarded a freight train.
****
HE PEDDLED LIQUOR
On different occasions the past summer a Le Roy man, who is an old soldier,
dispensed a liquid, said to be cider, from a wagon, which he would haul
around on Main street by hand. He claimed that he had a right to do so under
a state law granting certain privileges to veterans of the late war. His
actions did not meet with the approval of some of the citizens, especially as
he had no licence or liquor tax certificate. Last week Frank W. BALL, who is
a justice of the peace and also a member of the village board of trustees,
consulted with James H. LeSEUR, of Batavia, the district attorney of Genesee
county.
Mr. LeSEUR said that he had heard of the case and had sent a state inspector,
who had warned the man to cease his practice, as it was illegal. The district
attorney futhermore stated that if the man persisted in selling liquor from a
wagon that he should be arrested forthwith and locked up, and the attorney
would conduct the examination himself.
****
SCHUYLER
Two Boys Arrested for Intoxication - Liquor Dealer Arrested
On Wednesday night, two boys, Roy KNIGHT and Chester FORDHAM, of the village
of Watkins, aged 14 and 15 years, were locked up for being intoxicated. On
Thursday morning they were arraigned before Police Justice FERO and plead
guilty to the charge. District Attorney Olin L. NYE was called and the boys
put under oath. They gave their ages and said they got their drinks at
Barney's cafe. Justice J. B. EVERTS issued a warrant for Benjamin BARNEY'S
arrest, proprietor of the cafe. His bail was fixed at $500. His wife, Sarah
M. BARNEY, became surety. The hearing is set down for Wednesday next.
****
ALLEGANY
New Fire House
Work has been begun on the new fire house at Angelica by Contractor Charles
GRAHAM. The building will be 50x30 feet, two stories high, with a fifty-foot
tower in the rear. The fire company has just purchased a new hose cart and
200 feet of hose.
****
Captain W. A. ROSE, of Alfred, has been appointed aide-de-camp upon the staff
of the department commander of the state of New York G. A. R.
The marriage of Miss Cora C. PERKINS and James Arthur CRITTENDEN will be
solemnized at the home of the bride's mother at Andover next Monday evening,
August 23rd.
****
GOD BLESS AMERICA
HAPPY HOLIDAYS
Glenda
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