15 December 1941 - Kenneth Roots Hearing To Be Held Tuesday
On 15th of December 1941, of the Alva-Review Courier, front page, was the headlines: "Kenneth Roots Hearing To Be Held Tuesday," Persons under the age of 18 years to be excluded. The preliminary hearing for Kenneth Roots, 17 year old youth, who was charged with murder, would be held in the county court before Judge J. J. Glaser starting at 10 o'clock, Tuesday morning.
Glaser Gives Edict
"Because of the interest in the case," Judge Glaser said, "the court will insist that boys and girls under 18 be prohibited from the trial. Many of them would skip school to attend the hearing, and this can not be tolerated." [Page 2 of article.]
County Attorney Bill Gruber would present evidence for the state tomorrow, at least sufficient evidence to warrant the binding over of Roots to the district court.
The motive behind the commission of the crime, as said to have been made by Roots in a signed statement to county attorney and the defense attorney, C. H. Mauntel, is expected to be brought out in the hearing Tuesday.
"The facts of Roots' statement revealed a sordid incident, and would establish the boy's motive for committing the act," Mauntel said Monday.
Shooting Nov. 26 (1941)
Donald Benson, 22 year old son of Mr. and Mrs. Elza Benson, was fatally shot by Roots following a box supper at the Rose Hill school house, 20 miles northwest of Alva on the night of November 26 (1941), according to the records in the case. Roots gave himself up 24 hours later after being pursued by the county officers and a posse of game hunters who were recruited in the manhunt by the authorities.
Roots was forward in making his statement to the county attorney. He admitted he shot Benson, who later died in the Hardtner hospital from the wounds received when Roots' .32 caliber pistol bullet entered his abdomen and liver. The youth, charged with murder, told Gruber the shooting was over Benson's sister, Eva Joan Benson, 15 year old sweetheart of Roots. He gave a detailed statement in establishing his motive for killing the brother of his girl friend, but the county attorney had declined to reveal the details to the press or public. Gruber admits, however, that the disclosure of Roots' motive would be sensational.
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