Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1886-02-12
That DAMAGE Shit


AT the time it was filed. the INDEX
published the substance of the petition
filed in the damage suit of VIM. r. Grit
lin against Eli Smith, d. Stith, G. C.
parks, Ed Williams and T. l.. O'Bry-
an, in which Griffin claims $1,000. 90
damages for treatment he alleges to
have received on the 18th of June. 1885
at the hands of the defendants in this
action.
As explanatory of what follows, 1t
may be stated that Griffin alleges that
at the time mentioned. he was met on
the public highway by the defendants.
taken from wagon and hung up to the
limb of tree, while an effort was being
made to get him to confess who was i'm
pllcated in certain robbery.
AT the request of counsel for the de-
PENDANTS, and one of the defendants. we
herewith publish synopsis of their an
swer TO the petition, filed this week by
attorneys Brand & Long.
LIST. They deny each and every allega-
ton in the petition.
I'd. Alleging as further answer that
Edward Williams, one of the defend
ants was, at the time of the alleged
occurrence, deputy sheriff of Barber
county; that as such, he was informed,
OIL or about that day, 10y Arthur r. Sny-
der, that he had been forcibly robbed on
the public highway of $500: that Snyder
made complaint on oath before JUS
tice of the peace, charging Richard
ChitwOOd, Geo. w. Chitwood and j. r.
Chitwoo,l as being the parties who COM
mitted the robbery; that a warrant for
their arrest was issued to sheriff Rigg
and that defendants were arrested by
Rigg: that Williams was soon thereaf
ter informed by Snyder that VIM. B.
Griffin, plaintiff in this suit, with other
individuals, and persons, to him, Sny-
der, unknown, and believed to be per-
sonal friends and associates of the
Chitwoods and Griffin, were also sus-
pected and believed to be connected
with the felony; that said other indi-
vlduals and persons were known to have
been with Chitwoods In Medicine Lodge
on the day of the felony and afterwards;
that said Griffin, under instructions
from the ChitwOods who were under
arrest, took team of theirs, and was in
the act of making his escape fl ON the
county; that Williams, acting as such
deputy sheriff, and relying and believing
such information to be true, started in
pursuit OF Griffin and such other per-
sons as there might be so suspected of
being connected with the commission of
the felony for the purpose of apprehend-
ing and securing them; and not know
ing how many persons he might or
would be liable to encounter. did. by
virtue of his right, power and privilege
as deputy sheriff, under the laws of
Kansas, solicit and call TO his aid the
other defendants in this action. That
these other defendants accompanied
him, the said deputy in such pursui to
the place where Griffin was overtaken,
apprehended and interviewed. while he,
Griffin, was making his intended and
hasty flight from said county, the said
other individuals and persons having
already succeeded in making their es-
cape. That no personal assault, vio-
lence, injury or indignity was made. of
fered or inflicted in any manner what
ever upon plaintiff nor was ne in any
manner deprived of his liberty; but on
the contrary he voluntarily and of his
own free will and accord, returned tc
Medicine Lodge with the defendants
and remained in said city several days,
when, as defendants were informed, he.
Griffin. in company with the Chitwoods
left said city and state for parts un-
known to defendants. Wherefore, and
by reason of the foregoing premises,
defendants ask that the petition of the
plaintiff in this action may be dismissed
with costs TO defendants.