y showed a newly awakened interest.
Littell allowed a few minutes to elapse while he scrutinized the
witness, before he put his first question, and it was apparent to me
that the delay was trying to Benton, who was already in a nervous state,
for he moved restlessly and directed his gaze anxiously to the lawyer.
At length Littell began his cross-examination, and after taking him
categorically over each item in his testimony, pinning him definitely in
each instance as to time and place and separating fact from conjecture,
he asked him pointedly if he had told the Coroner's jury as he had this
one that Winters was in the habit of visiting White; or that he demanded
money of him, or that he claimed White's money to have been by right
his.
The witness admitted that he had not told them any of these things.
"Why did you not?" Littell continued.
Benton seemed embarrassed, but at length said he supposed he had not
done so because he did not think of them at the time.
Littell waited patiently till the answer was forthcoming, and then
continued:
"Now tell the jury was not the real reason you did not tell these things
at that time because it had not then occurred to you that suspicion
would attach to Winters?"
"Yes," he admitted, after some hesitation, "I expect that was the
reason."
"And," continued Littell, "when you found later that suspicion had
attached to Winters, and that he was arrested for the murder, did you
not then tell these things because you thought they would strengthen the
case against him?"
"Yes," he replied, "I think they are evidence against him."
"And why should you wish to give evidence against him? Do you think him
guilty?" was the next question.
This was a little further than Benton was willing to go, and he answered
that he did not know.
"Well," said Littell; "let us see if we cannot find out what you really
do know about it; you probably have more knowledge of the conditions
surrounding the case than has any one else."
And then, by further interrogation, he elicited the fact that the front
door of the house was fastened and required a latch-key to open it when
Benton arrived the morning of the murder, and also that while he had
frequently admitted Winters to the house, he had never known him to
possess a key to the premises.
"And how, then, do you think he got in on this night?" Littell
continued.
Benton probably recalled his unsuccessful attempt to explain this
prob
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