The first real surprise in the Bennett case was sprung this morning. Few if any were expecting that the defendant would be put on the stand to testify in her own behalf. She did not testify in the former trial and it was the general supposition that she would not in this. The fact that she was go to into the witness box this morning was carefully concealed from the public. Had it been generally known, the entire court house would not have held the multitude that would have hurried thither to gain admittance when the court convened. As it was there were scarcely a score of persons in the room when she began giving her testimony. The fact that she was undergoing the ordeal of an examination became noised around to some extent, however, and before she stepped down from the witness stand the court room was quiet well filled.

An Irish poet, recounting the heroism of an Irish patriot on trial for his life, declares that, examined as to his guilt, he was “cooler than ever, that minute.” So with Emily Bennett. Her marvelous self control was never better displayed than this morning when put on the stand as witness in her own behalf. During an examination and cross examination of two hours she was never flurried, excited or disturbed in the least. Some may attach significance to the fact that her memory was so perfect to many unimportant things in life on the farm for years back, and yet was not clear as some circumstances about the time of the murder of Anna Wiese, but that was about all her examination developed. There did not seem to be any glaring contradictions, any confusion or evidence of guilt.

E. B. Tinkham, official court reporter for Judge Hindman, who reported the evidence in the former trial, was put on the witness stand to read the testimony of Dr. Thomas Taylor, from the shorthand notes. This was expert evidence relative to hair, and sustaining the theory of defense that hair cannot be absolutely identified as belonging to a certain individual, by color texture or other condition. This witness testified that he could discover no difference in the hair taken from the hand that from the shoulder of the girl.

Iva Bundy sworn – Live at Mr. Bennett’s; niece of defendant; went there the 18th of last October, to work in the family; Mrs. Bennett was sick; washed the next Tuesday, the 17th; it was a general washing, pretty large; Mrs. Shattuck picked up the washing; this old waist was among the clothes; it was just soiled a little; there was no blood upon it; Mrs. Bennett didn’t order it washed, and did not assist in picking up the clothes; washed it in hot water; washed on a washboard; saw no discoloration as of blood in the water. Did not notice the buttons nor that one was missing, nor button newly sewed on; looks the same now as then excepting these holes; dried it out doors, on the fence east of the house, and afterward hung it upstairs in the west room. There were overalls there and coats; was not directed to hang it there; don’t know of its being removed by anyone; never knew of its being put in a box or trunk. Have gone to the old trunk to get writing paper out of a box; no fastening on the trunk.

Harry Shattuck – Defendant is my aunt. Worked for Bennetts during July; wore some of Arthur Sherlock’s overalls and other clothes; helped him do some painting, wearing a pair of overalls; were not marked before I left; they were pretty dirty. We painted the threshing machine; got the overalls pretty greasy and dirty. Cow yard gate was a three board gate; bottom and top boards were broken and spliced.

Testimony of Mrs. S. K. Ernst at the former trial read by Court Reporter Tinkham. Anna was very tall, five feet ten, and weighed 145 pounds, while at our house. She was a reasonably strong girl and had very long arms. She could always hold her own when scuffling and playing with our boys. She was very slow with her work, but very quick when scuffling; it is two years since she left our place. Have combed her hair a great many times. Her hair was brown or auburn, and was not uniform in color; was sunburned on top; it was streaked a good deal in summer, when she ran out in the sun. Her hair was split or frayed at the ends.

Cross – Think I have good eyesight; don’t know that I am a good judge of colors; could see the splits at the ends of the hair. Not able to tell which is Anna’s hair from the exhibits shown, though there seems to be some difference in color. Did not know that Anna was weak in the back; she was just as tall as my husband; one of my boys was older than Anna; they tried to put each other out of doors; she complained of catarrh in the head. She could move as quick as anybody when she wanted to.

Re-direct – There was more difference in the shades of Anna’s hair, where it was sunburned, than is shown by these plates in evidence.

H. Coleman – Bennett’s house can not be seen from the place of murder.

Wm. A. Size – Am brick manufacturer. Ran and walked seventy rods, in four minutes, with hand saturated with blood, and could make no print; this was last April. Tried again a short time ago; went three quarters a mile in nine minutes, and could make no impression, both on an old imprinted board and on a white painted board; pressed very hard; my hand was literally covered with blood.

O. Caswell – Testified regarding the disposition of hair taken from the dead girl’s hand. Never had possession of the hair for a moment that was taken from the hand of Anna Wiese at the disinterment in January.

Ernest Binford sworn – Testified regarding the care with which the hair had been preserved, that was delivered to defendant’s counsel by Dr. Cottle during their possession of it.

girl went with Brown until the morning after the murder, when I was told it by Mrs. Rusie. Did not say to Maud Stover that if “I had to suffer others would suffer too.” Have no more idea of who killed Anna Wiese than you have. Last time I ever wore the old blue waist was in the May before the murder; I got my arm poisoned by poison ivy, and put the waist on while it was sore; I used copperas for the poison; I sewed the pants’ button on the waist three years ago next month; wore it then while we were digging a well; have sewed no buttons on it since the murder; knew nothing of there being any blood on it, nor of its being washed, except what Iva told me. I am right handed. Have put my right arm out of joint a great many times, and also have put the left arm out of place. Can do ordinary work without difficulty, where I do not have to reach up. Last time my shoulder was out of joint was when they had me in jail.

Cross examination – Have lived in Vienna township nine years next January. Knew Anna pretty well, and was friendly with her all the time; she used to stop in quite often to see us; don’t remember of talking with Mrs. Wiese about Arthur and Anna; was at their house in June before the murder. Don’t remember of having the conversation with Anna in which she said she was mad at Arthur. Next time I saw her was the Sunday before the murder; did not know Arthur had seen her except it might be at church. We had just got through supper that Sunday evening when she came along; just went out to talk with her as I would with any neighbor. We passed the time of day and we stood and talked a while; she told about being at Marshall and what a good time she had; we talked about a dress I had and I asked her to cut out a dress for me; she said she would come over and cut it out; asked her in to tea; she said she didn’t have time. Did not tell Foster that she passed by and wouldn’t speak; did not tell him that I heard her say “good night” the night of the murder. Did not tell Mrs. Sprecker of overhearing a conversation between Anna and Arthur in the kitchen regarding her riding in a top buggy with Brown. Have seen them in the kitchen when I was present. Washed some overalls and other clothes on Wednesday before the murder; hung them on the garden fence till Friday morning, when I hung them upstairs; there were two pairs. Did not hear the officers say they were moist. Think it was Foster who said there was no blood on the overalls. I showed them where to search. Had felt badly for a long time before the murder. Don’t know that I felt worse than usual on Saturday. I probably picked a quart of cherries that day. Did not get supper any earlier than usual. I know Mr. Bennett started after cows before Arthur left for Green Mountain. I was out at the cow yard with the milk pails when Mr. Bennett brought the cows up. I was in bed when Mr. Bennett came back from turning the windmill out of gear. Think he talked about Gen. Weaver and matters of the farm. Anna did not come over that week to cut out the dress. Think it was about 9 o’clock when I went to bed. First think I remember that night was when Arthur came home; heard Bennett ask if it was going to rain. Bennett did not get up when Arthur came; he was lying by my side when he talked with Arthur. Heard Arthur go into the kitchen; was not there long; he then came in and went upstairs; did not go to sleep again after Arthur came. The next I heard was some one outside calling; think he said “Cy” twice. Did not hear what they said until Mr. Bennett said Anna had been murdered within the half hour. I got up and followed him to the door; he told me this after I got out of bed. Got up because I wanted to see what was up. Mr. Bennett told me to go back and get my clothes on if I wanted to talk with that man. Bennett did not put on his overalls or shoes. He stood almost in front of the door. I then dressed myself and looked out of the windows for a time, but afterward lay down on the bed. Had no conversation with the men that came along just the morning after the murder; Mr. Bennett and I were in bed when Arthur came home. Saw the man at the windmill at sunrise. I was at Rusie’s probably two hours the day after the murder. Had not been over through the north field for about three years, except to where the threshers were the day before. Don’t remember of ever being in the slough except to carry water when the men were haying. Wore this waist while my arm was poisoned because it was thinner than any other I had. I guess Bennett sent for Ira Bundy and Mrs. Shattuck. Did not sleep well because the medicine was so strong. Did not take it all because it salivated my mouth so bad. Have had the blue waist three years. Think I put the metal button on two years ago this fall. There was never a pearl button in the place of the metal button. I said to Ira that she needn’t iron that old waist as it wasn’t good for nothing. My shoulder began to be thrown out of joint when I was a young girl. My left arm has troubled me ever since my teeth were pulled at Gladbrook in June, ’93. Have no recollection of telling Mr. Lowe that ‘I was tougher than a biled owl.’ Got the plums to make the butter of Mr. John Hooper. Don’t remember that she told me of the stain on the door. Washed the knob of the door because it was dirty. It was not the first time. Did it quite often. Think this time was on Monday, after the murder.

Re-direct – I strained the juice of the plums in a stew pan and cooked it afterward. Think I did this in the kitchen, and it got so hot I went into the other room to work. Don’t remember of ever going up through the slough to Rusie’s.

Arthur Sherlock recalled by the state for cross examination. Don’t think I told Haas about not seeing my mother the night of the murder.

Dr. Devine testified that he thought a person could not scream one minute after the carotid artery was severed. If the larynx were cut and blood flowed into it the scream would be muffled.

John Roup – Been a butcher sixteen years; if the hand is saturated with blood and one starts off to walk briskly it will dry from three to five minutes.