Case Number: 9505
Benson, Bernard - Age 50 - Death due to injuries received about 3 AM, 11/9/28, when he fell or was pushed off the sidewalk down into a vacant lot at 847 W. 51st St., during a post-party quarrel with David Lavin and James Higgins. On 12/1/28 the last two named were booked for murder but were exonerated 12/7/28 by the Coroner who declared it an accidental fall. On 12/19/28, however, both of them were held to the G.J. in bonds of $10,000 each by Judge Heller. 18 Dist. Jan. 1929 No Bills on both.
Circumstances
| Date of Offense | November 9, 1928 |
|---|---|
| Date of Death | November 9, 1928 |
| Time Between Offense and Death | Immediate - death occurred at the crime scene |
| Address | 847 W. 51st st. |
| Type of Location | Street, or other non-commercial public place/alley |
| Type of Public Place | Street, sidewalk or alley |
| Location Description | vacant lot |
| Type of Death | Manslaughter |
| Description | Dispute over money or property, quarrel |
| Total Number of Victims | 1 |
| Location | vacant lot |
| Type of Manslaughter | Unintentional killing, other |
Victim
| Name | Benson, Bernard |
|---|---|
| Age | 50 years |
| Gender | Male |
| Race | White |
| Ethnicity | English-Anglo |
Defendant
| Name | Higgins, James |
|---|---|
| Gender | Male |
| Ethnicity | English-Anglo |
| Race | White |
Police
| Precinct | 31 |
|---|---|
| Allegations of Police Corruption | No |
| Date Defendant Arrested | 4-Nov-28 |
| Time Between Crime and Arrest | Weeks |
| Total Number of Defendants Arrested | 2 |
Legal
| Date of Coroner's Decision | December 7, 1928 |
|---|---|
| Outcome of Coroner's Judgment | Exonerated, Commended |
| Charges Against Defendant | No |
| Type of Legal Decision Recorded | Coroner's verdict and grand jury |
| Allegations of Police Corruption | No |
| Date of Grand Jury Decision | January 15, 1928 |
| Outcome of Grand Jury Decision | Indictment for felony murder |
