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Theodore B. Benjamin b: Jul 1850 in Hunter, Greene, NY d: Aft. 1910 in, Kootenai, ID
Son of Medad Benjamin and Rhoda Matilda Kinney
Lowville Journal and Republican 1879-1940
The trial of Theodore Benjamin, of Greig,[Lewis County, NY] for killing his mother was opened Tuesday before Judge Irving G. Vann. District Attorney T. Miller Heed appeared for the prosecution and James D. Smith, of Glenfield, for the defendant The jury is made up as follows: George Clemens, of Osceola; Moses Lang, of Hlghmarket; Elijah Elmer, of Lowville; Daniel Branagan, of Croghan; George A Stoddard, of Harrisburg; Frank Allen,of Diana; Zeb Bigness, of Croghan; Ebenezer Hulbert, of Montague; Joseph Sins, of Lewis; Edwin L. Parsons of Leyden; John B. Vary, of HarriBburg. (The case was completed Friday and the jury returned a verdict of guilty of murder in the second degree- Benjamin was sentenced to Auburn prison for life.)
Theodore Benjamin, of Greig, this county, who was serving a life sentence for murder in the second degree in Auburn prison, was released from the prison Monday morning on a special commutation granted by Governor Morton, December 28, 1896. The sentence was cut down by tbe governor to 16 years and 6 months, subject to commutation, and the time expired Monday. The commutation provides that Benjamin abstain wholly from the use of intoxicants or he forfeits his liberty. His son went to Auburn, Saturday, and was at the prison Monday morning to welcome his father.
The crime for which Benjamin was sentenced to Auburn is fresh in the minds of many of our readers. As above stated, he formerly resided in Greig, this county. One night he returned home in an intoxicated condition and engaged in a quarrel with his mother, which finally resulted in his striking her over the head with a chair, inflicting injuries which proved fatal a day or two later. He was subsequently indicted for murder in the first degree and tried before Justice Vann. The late T. Miller Reed, then district attorney, appeared for the prosecution, and Benjamin was defended by James D.Smith, of Glendale. The evidence went to show that the act was in no wise premeditated, and the jury therefore returned a verdict in the second degree. Considerable sympathy was expressed for Benjamin at the trial, and no doubt he suffered more for his unfortunate passionate act than one can readily imagine. His conduct in prison has always been the best, and no one can justly criticise the authorities for the part they have taken in securing his release. The petition praying commutation of sentence was signed by County Judge Henry E. Turner, several other county officials, leading lawyers and business men of Lowville, by several of the jurymen who served in the case, and the document was placed before ex-Governor Morton by Justice Vann in person.
~The Benjamin story may not always be flattering, but it's certainly not boring~
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