The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-08-06
THE GOVERNOR WAS RIGHT.
TALLAHASSEE, FLA. August /, Is


behalf of and against Sheriff Turner. Read the
affdavits in behalf of Turner carefully, and you
will see that there is nothing in them inconss-
tent with the facts set forth in the aff1davits
against him. Sheriff Turner, at best, can only
swear that he placed guards over Benjamin, and
that If they permitted BENJAMIN to go at liberty
II was without his consent and contrary 10 his
charge. The guards admit that Benjamin was
not always in their custody but say that when
he was not, he was in some one elses custody.
DO they and can they vouch for these other per-
sons custody? The witnesses for Turner only
say in effect that they never saw Benjamin with
out guard. That may be true; but does ii fell
low that others did not?
The governors action was based on the GER
tain and positive knowledge of entirely credi-
BILE witnesses. The DeLand News admits, in
express terms, that Benjamin could have es-
caped but that Sheriff Turner knew that he
would not. When has it come TO pass that an
officers conscience, or his private opinion, is the
standard TO measure his official acts and duty?
Sheriff Turner's defense is entirely insufficient.
1t entirely fails The facts disclosed justify the
Governors action fully. 1t was most serious
offense against the law when Benjamin was al
lowed his liberty on the streets of DeLand, he at
the time being charged with murder
Governor Fleming offered Sheriff Turner an
opportunity to resign, which he declining, the
governor promptly suspended him. Is it for
thus performing his duty, being clearly justified
ny IdCtS proven, t1ldl Tue 0OVtIuOT anu DeIn-
ocratic people of this State are to be sandered in
the style adopted by the DeLand News Of last
week! Ii you made up your opinion on the
merits OF the case only from the correspondence
in the DeLand News between the Governor and
Sheriff Turner, you saw but half the case. Had
Governor Fleming not removed Sheriff Turner
upon the case as made against him, he himself
would have been derelict in his duty to the peO-
pie of Volusia county and TO the offended ma
jesty of the law. JUSTICE.
SHERIFF TURNER'S sIDR
William r. Turner, Sheriff sworn, says that he
never at any time permitted James H. Benjamin to
20 at large upon the streets of DeLand without
guard; that at the time Benjami out Of Jail he
put him under guard of men whom he considered
good and Trustworthy, with directions to guard
and keep him; that he does not believe that said
Ben jamin was on the streets without guard that
he did not BEN njamn all the time himself but if
his deputies and guards at any time permitted Ben
jamin to go alone on the streets, it contrary
his charge, and without his knowledge or consent.
c. c. Turner and Charles E. Kirk. Deputy Sheriffs,
being sworn, says that they know the circumstances
concerning James H. Benjar0in being out of Jail,
after he was committed To the uetody Of the Sher-
if; that they were Deputy Shers at that time, and
that at all times while said James H. Benjamin
out of Jail he was under guard and that the said
James H. Benjamin was not out of Jail at any time
without guard
John |. Alexander and R. A. Hull, guards, being
duly sworn, say that they were appointed as
guards of James II. Henjamin by w. X. Turner,
Sheriff. on June g. 1889; that they acted as such
guards when said Benjamin ont of jail that
they never saw the said BENJAMIN ont of iai with.
ont a pnord that accordiny TO the heat of their
knowledge and hesf the said Beriamin was never
ont of iail without a guard but At all times tba
said Reniamin was either in charge of the said John
I Alexander and + A IIil or some Other dnlv an
pointed guard.
Citizens upon their oaths say that we never saw
James II BENJAMIN on the streets of our civ with
on+ ,,,ord shoe bo ,yos hrnu,rh hero hr tbo Shnr
iff and DENNY Sheriff Hewet on The afternoon Of
Iuno 1850 and ~ ma hoet of onr Lno,rlod ,o o,,d
h.liaf nor fIfhnf l0rH hi1n
ia;i -
Nv
0'1lT VI / I'll"'' N"un'y va '"luoi''
Johh ofahor; otlh2 lirsl ouls sworn oeposcs anu
SAYS; "a" j. ~. beiJau'in % alone ara without
Dclhg guarded III thc store OF 'corgc = ureki *
20, 90 me "'h ana 'ih Oh Jun !09' ana thH the
Sald y. III bfIJthlln was SQUEEZING mems imr thc
DeIhhd "ethE News a newspaper PnDl-hed
weekly IN thAI clly "l-o' 'ha' neiJ'h'h came into
1lc 't"c ''"Hc al" "'Hl away al'"c ~! q! which
am ready 10 Prov. John tRANoR
sworn TO ana subscribed teofe nae ms hrst dhy OF
July, lSS' D. y. 'okp"N, C'eFk.
William \. Cook swears that on the 9th day Of
June, 1889 about four o'clock in the afternoon, j.
H. BeIitmu who shot and killed j. X. D0uglas
at New SmvAa on the 9th tav of June 1859 ljd
walk into the Office of the Nulusia County Record!
and pass the time of day with me al the same time
handing me his hand saying how are you?" He
Eod;nn rS}H" nn ''I m mmedjacy walked ont into the
street TO look around to see if Benamin had guard
| There was no one to be seen He remained in the
composing room about fifteen minutes, then passed
out into the street | got up from my seat and
walked out and watched Beuj i!nn until he got TO
the drug store of Dr. Fisher which is a distance OF
about scventy.fiye or eighty Yards Benjamin passed
from the street to the drug store A short time
after this occurred went down 10 the drag store
at his store and he reulied No. he was alone"
1t is wen known by a great many people that he.