Volume 15 , Issue 26

Kenneth Roots Bound Over After Hearing, 12/16/1941

It was in the Tuesday, December 16, 1941, Alva, Oklahoma newspaper that we found the following concerning Kenneth George Roots (17) being bound over to District Court after hearing, to face trial for murder of Donald Benson (22), November 26, 941.

Second page of ClippingEva Joan Benson told sordid story which is believed to have led up to shooting of her brother by Roots. Kenneth George Roots, 17 year old Woods County youth, was ordered to face trial for murder in the district court by county judge J. J. Glaser, following the preliminary hearing the morning of December 16, 1941, in a jammed court room, at which time the state's evidence presented "some motive" behind the fatal shooting of Donald Lee Benson, 22 year old Alva mill worker and brother of Miss Joan Benson, sweetheart of of the accused slayer.

Following her father to the witness stand the morning of December 16, 1941, Miss Benson top the court about informing her sweetheart of over a year, "Roots," that her now deceased brother had "tried to rape" her on the Sunday prior to the shooting that took place in front of the Rose Hill school house about 10 p.m., Wednesday, November 26, 1941. The story told by Miss Benson collaborated in most parts, the statement of confession made by Roots to County Attorney Bill Gruber, in the presence of Undersheriff Dewey Randall on Friday, November 28, 1941, the morning after he had surrendered himself to Sheriff Ken Greer in Alva.

According to Miss Benson's testimony on the witness stand, Roots asked her "What is the matter with you?" She replied that there was nothing wrong, but her sweetheart insisted that she tell him "what has happened" lately to her. "He practically forced me to tell him," Miss Benson told the defense attorney, C. H. Mauntel.

"I told Kenneth that Donald tried to rape me last Sunday." she said.

Roots then told, according to Miss Benson, "That's a dirty trick."

The girl also stated that Roots said, "Did you tell your mother?" and Miss Benson testified that she said, "No."

"Kenneth then said, "I'll get him" Miss Benson said.

"When did this conversation with Kenneth George Roots take place, Miss Benson," the county attorney asked.

In the auditorium at the Capron school about noon Wednesday (the same day which the shooting took place)." Miss Benson was a sophomore and Roots was a Senior at Capron High School. Kenneth, according to Miss Benson, had not been with her for two weeks. "I told him (Roots) that my brother (Donald) and I would be at the Rose Hill school house that night," Miss Benson said.

According to testimony given at the hearing, Roots was said to have hopes sitting with Miss Benson during the program, and spent "about $3 trying to get Miss Benson elected "the most popular girl at the "box supper," which was said to be common practice at rural school programs, as a money raising scheme.

Sneary Testifies

Edward Sneary, who told the court that he "dates Alice," a sister of both the deceased Benson and Mis Joan Benson, said that Roots called him to one side and said that he wanted to talk to him. Sneary said, "Kenneth told me that what he was about to tell me I wouldn't believe, and I told him to go ahead."

"He (Roots) said that Donald tried to rape Joan last Sunday." Sneary said. When asked what he replied, "I said that was a dirty trick."

Soon after, according to the testimony, Donald Benson asked Roots for a match, after he and Joan and Roots had gone behind a car parked near the school house. Roots was told to have lighted Benson's cigarette before the conversation began.

According to the testimony, benson was said to have said to Roots, "How much did you spend." Roots was said to have replied, "About $3." Miss Benson testified that Roots said during the conversation, "For all I know Joan may be going to have a baby."Benson asked Roots what he meant, and Kenneth made reference to "last Sunday," according to Miss Benson's testimony.

Miss Benson then quoted her bother as saying to her, "Joan are you going to have a baby?" In answer to a question by the county attorney asking her what she then said, Miss benson said, "I said, 'I know I'm not.'"

See Streaks of Fire

Miss Benson then said that she saw a streak of fire and Donald dropped to the ground saying, "I'm shot." She also said that when she turned around Kenneth was gone.

Sneary testified that e heard the shot and went to Benson who was lying on the ground. "He was in pain and I started to lift him to put him in the car to take him to a doctor, but decided I had to have help and went in get some of the other boys there to help me," Sneary said.

Benson was taken to the Achenbach hospital at Hardtner where on December 2 (1941), he died.   |  View or Add Comments (0 Comments)   |   Receive updates ( subscribers)  |   Unsubscribe

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