The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-02-13
SUIT FOR DAMAGES.

Tho Whissen-NIanning Muddle-Suit for
$4,000 Entered In the District Court by
Wentworth Manning-The Document In
Full
Wentworth Manning, who was arrested
on an affidavit sworn out by Postmaster
Whissen, charging him with perjury, mas.
much, he alleged Manning had falsely
made affidavit against him, charging him
with naieas ince in Office, has flied in the
district court the following petition, pray
ing for damages, in the sum of SD, 900, from
Postmaster Whissen, james Bentley, United
states commissioner, aud J. q. bigger,
United states district attorney. The suit
reads as follow:
State ~ exs, - unity % Dslli'-n District
Court VI ID alas coin,r. March term, 1876
To III Hon. Gsors> Aldri !ge. Jul;o ,f said
Court: ~
Your petitioner, Wentworth Manning n
resident of Van Vandt county, Texas, here.
matter styled plaintiff, complains o. A. A.
Whissen, James Bentley and J. q. Bigger,
an Gltizens OF Dallas county, Texas, and
hereinafter styled defendants.
Plaintiff AYERS and charges that hereto.
fore, to-wit: on the Sth day of January.
1883, the defendants wilfully and ma.
liciously continuing and intending to har-
rass and injure plaintiff in his good name,
reputation, character, standing and credit,
and also to defame and i,npoverish, oppress
and ruin plaintiff, and to bring him into
public scandal, infamy, disrepute and dis.
grace, formed and entered into conspiracy
and combination and coniederated together
Tor the purpose aforesaid, did, on the day
and year aforesaid, carry out said ne'arious
plan and conspiracy by causing an affidavit
to be drawn by said defendant, j.. G. Bigger.
sworn to by the defendant, A. A. Whssen'
and fiied before said defendant, James
bentley, q United States commissioner for
the northern district of Texas, charging
upon which affidavit said James Bentley
issued his warrant for the arrest of plaihtiif.
That the said ]. G. Bigger, then and there
being United States district attorney for Inc
northern district OF Texas, and the said
James Bentley, then and there being United
States commissioner for the aforesaid dis.
trict and the said A. A. Whissen. then and
there being United States postmaster Mt
Dallas, Texas, did individually and as such
officers of the United States conspire To-.
gether for the purpose Of unlawfully yindi.
eating and prot Meeting said Whissen from A
charge made by said plaintiff against said
WhisSen as postmaster, the said Bigger and
Bentley knowing the said charge made by
said Whissen to be false and untrue, and
showing the motive OF said Whissen, did
then and there, for the purpose of aiding
and assisting him, the said Whissen. in
such unlawful PURPOSE, ana for the purpose
| OF injuring, expressing ,harrassing, defnminr
and disgracing him, the said plaintiff d d
combine, confederate and conspire TO.
gether to use the power of their official
positions, caused said affidavit to be made
and said writs TO issue, and did cause plain.
till to DO arrested as aforesaid, they thu
said defendants, then and there knowing
the purpose and intent of said prosecution
TO be to Cypress, harrass, inure aud disgrace
him, the said plaintiff
That said defendants had no probable
and reasonable excuse TO warrant their
aforesaid action in the premises, but for
the purpose OF carrying out their said con.
spiracy, the defendants caused the said war.
rant to 10 leturnable before the defendant
James Bentley, at his Office, Il; i,
the city of Dallas, Texas, whilst
the plaintiff was then in the city o,
Waco, McLennan county, Texas, within
the jurisdiction Of one w. b Taft, a United
States commissioner for the northern dis.
trict OF Texas, whose office and place of
business Is In the city of Waco, and betore
whom said warrant should have been made
returnable, and before whom plaintiff
should have been held for trial.
| That the defendants wholly disregarded
the rights OF plaintiff In causing the arrest
OF plaintiff In the aforesaid city of Waco
and bringing him from his place of bust.
ness, q distance Of 1875 miles, TO Dallas
Texas, In charge Of the United States depu.
W marshal, In and for the said northern
district Of Texas, who kept plaintiff In hi,
custody and imprisoned and restrained him
! OF his liberty for the space Of thirty.six