Page:The Benson Murder Case (1926).pdf/360

 Before a week had passed, Major Anthony Benson was indicted for the murder of his brother. His trial before Judge Rudolph Hansacker, as you remember, created a nation-wide sensation. The Associated Press sent columns daily to its members; and for weeks the front pages of the country's newspapers were emblazoned with spectacular reports of the proceedings. How the District Attorney's office won the case after a bitter struggle; how, because of the indirect character of the evidence, the verdict was for murder in the second degree; and how, after a retrial in the Court of Appeals, Anthony Benson finally received a sentence of from twenty years to life,—all these facts are a matter of official and public record.

Markham personally did not appear as Public Prosecutor. Having been a life-long friend of the defendant's, his position was an unenviable and difficult one, and no word of criticism was directed against his assignment of the case to Chief Assistant District Attorney Sullivan. Major Benson surrounded himself with an array of counsel such as is rarely seen in our criminal courts. Both Blashfield and Bauer were among the attorneys for the defense—Blashfield fulfilling the duties of the English solicitor, and Bauer acting as advocate. They fought with every legal device at their disposal, but the accumulation of evidence against their client overwhelmed them.

After Markham had been convinced of the Major's guilt, he had made a thorough examination of the business affairs of the two brothers, and found the situation even worse than had been