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

bo.d at fifteen hundred dollars,
and fixed the trial OF said
cause on Monday, 18th day of January,
1883, at clock a. m; that on said day
named plaintiff appeared in person and by
counsel and announced ready or trial, when
ON motion of the said Bigger, the said cause
was postponed until o clock Of said day,
and the said postponement was then aud
there had for the express purpose OF enao-
ling the said Whissen to make another ain
davlt before another court TO procure the
further arrest OF the plaintiff upon charge
OF false swearing, growing out OF the same
transaction, all of which was then and there
well known to the said Bigger, bentley and
Whissen, and being u part OF the plan,
combination, conspiracy OF said defendants
TO inJure, harrass, Cypress, defame ana dls'
grace; and that at the last named hour the
plaintiff appeared again and announced
ready for trial, when said cause was dis
missed by the said defendants.
| Plaintiff further AYERS and charges that
the said defendants, continuing and ma
liciously and williully intending rs aiore-
| said TO further deiame, impoverish, Cypress
and ruin plaintiff in his aforesaid good
name, reputation and character, and to
| bring him, the said plaintiff, into public
scandal, intamy and disgrace, cause another
affidavit to be filed before L, G. L. Kendall
/
| county, on the 10th of January, 1883, charg-
| ing this plaintiff with false swearing under
the laws OF the state of Texas, upon which
a warrant OF arrest was issued tor the plain
TIL by the said justice of the peace, and
| the same placed in the hands of u deputy
| Sheriff in and Tor Dallas county, who ar
rested plaintiff and took him before said
Justice of the peace, who fixed his bond at
| one thousand dollars, and held the paintlli
| TO answer said charge and fixed his trial for
the twenty.second day of January, 1883,
| upon which said day plaintiff appeared and
| announced ready for trial, when said cause
was postponed at the instance OF the prose
| cutlon and at the request of the said de-
| PENDANTS To the 9th day OF February, 1883 at
which time the said cause came on Tor hear
| ing, when said justice of the peace dis
missed said cause at the instance
OF a. A. Whissen, one of the pri-
vate prosecutors and one OF tie
defendants herein; plaintiff further AYERS
and charges that the sad atidavils oharg- |
ing the plaintiff with perjury and false
swearing were then and there wholly I'M
true ana false, which was then and there
known to all of said defendants. Copies of
sud affidavit are hereto attached, marked
"A and b.
Plaintiff further AYERS that by reason Of
the aforesaid premises, he has been and is
greatly injured in his credit, standing and
reputation ana brought into public scan
dial, iniamy aud disgrace among all his
neighbors and other good citizens of the
statei and also by reason OF the premises
aforesaid, the plaintiff has suffered great |
anxiety and pain of body and mind, and 1t |
is and was a great outrage upou his |
feelings, and he has been Obliged to !
lay out and expend necessarily divers
sums of money to-wlt the sum OF
one hundred dollars in hotel bills, |
railroad fares and attorneys fees IL.
cldeut to the trial OF said prosecu |
tious; aud also w reasons of said prosecu. |
tioDs and arrests plaintiff has been greatly |
hindered and delayed from following and |
transacting his lawful business; and has |
been deprived of and wholly lost position |
for one year at salary of 500 per month;
and further detained, by reason OF said acts
OF defendants, for period OF twenty-five |
days from his home; and that his said time |
so lost was reasonably worth the sum of four |
dollars per day amounting to $780, and also, |
by reason OF said premises, he is greatly in
Jured ana damaged in his credit, reputation |
and standing TO his great damage $4,000.
Therefore he brings this suit, and prays !
that defendants be CITED 10 aHswer this pc |
tllion, and, upon final hearing, he have |
Judgment for his said sum of 81 400, actual |
damages, and the further sum Of $4,000 |
exemplary damages and costs of suit, aud |
lOr general and special relief etc.
A. W. NowLIN,
WORD Il NEARBY,
Plaintiffs Attorneys.
United States of Am,ira, Northern District
of Texas,
Before James Bentley. United States CON-
missioner flr the northern district Cf |
I.A a
a. WhisSen, VINO, after being duly sworn |
according 10 law, declared upon ueih that |
he has r,ssonante and Crtdilable iniorma.
zion, which lnitrna ion he believes To be ,
true and correct, that one Wentworth Man.
DinS did ON or about the ~. II day of De- |
cemOer, "A. ID. 1882. unlawfully and iooni- |
ously, in the county OF Dallas, Texas, and |
within the jurisdiction OF this honorable |
court, commit the crime of perjury, by |
then there swearing TO and subscribing |
certain false affidavit before r. J.. Boren, |
who was then anu there q deputy clerk OF
the circuit court of the United States for |
the northern district of Texas. Said Went. |
worth Manning then and there, unlawiully, |
feloniously swore and made affidavit before |
the said X. l.. Boren, deputy clerk of
United States circuit court Tor the northern |
district of Texas, that his letters had been
delivered to another person, and that there |
was no other w. Manning in the city of !
Dallas, Texas. That his letters had been
opened by some person, who had written |
w. Manning across the envelope of said |
letter, and that he, said Wentworth |
Manning, knew there was no other |
post.oilce at Dallas, Texas That his said |
Wentworth Manning's) mail had been |
tempered with in the Dallas post-oflice by |
the officials OF said post-ofiice, and that he, |
said Wentworth Manning, had made COM
plant of the same to Amos A. Whissep.
postmaster at Dallas, and TO the other OIL. |
GERS OF the said post-oiiice, and that no |
attention was paid by any of the said post.
office officials to his, said Wentworth Man.
ning's complaint. Affiant further says that |
said Wentworth Naming did not know
when he subscribed and swore to the above
set forth material matter. but that there
was another W, Manning who received his
mail ut the Dallas post-oflice, and that his,
said Wentworth Manning's mail hal not at
any time been tempered with in the Dallas
post.oiiice by any OF the officials of said |
post.ofce, and that he, said Wentworth
Manning, never made complaint OF any
kind to said Amos A. Whissen, or any
other official of the Dallas post.otfice. That
1aid Wentworth Manning then ald there
unlawiully and feloniously subscribed aud
swore, and contrary to his oath to the
aforementioned matter, and which he did |
not then and there believe to be true, con-
trsry TO tho statute in such cases made and |
provided and against the peace and dignity
OF the United States of America.
A. A. WHIssEY.
Sworn to and subscribed to before me thi, |
the Sth day OF January, 1888.
JAMES BENTLEY,
U. S. Commissioner, Northern District of