The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-04
APPEAL FOR COMPUTATION
Governor Matthews to Be Asked to Make
Benham's Sentence a Term in Jail.
Petitions Numerously Signed F~iled-Senss-
tional DenOuncement of Prosecution by
Defendant When Sentenced.

Il was q disappointment. yesterday. TO
the friends of Dr.. j. Frank Benham, of
Richmond. that Governor Matthews did
not arrive home. 1t has been determined
20 appeal TO him for executive clemency,
and his attorneys, John Robbins and
Hon. Henry u. Johnson, wired the Gov
ernor, y esterday afternoon, that they de-
sired o conference with him after the ar
rival o. the late train from Richmond. 1t
Is expected that Harry c. Starr and Rich
ard A jackson. who were counsel for the
State in the prosecution, will arrive this
morning. to argue against the interference
Of the executive. The conviction and ver-
dict OF two years in the p~enitentIary for
criminal seduction caused o sensation in
Richmond circles, because of the
prominence and previous good char
aoter of the defendant. A citizen OF
Richmond said yesterday that Dr.. Benham
has the sympathy of nearly all the leading
business people. and that q petition for
Communication of sentence to a term In the
county Jail has been very generally signed.
Dr.. Benham stood well in religious as well
ough contrition. He had agreed to pay the
young woman S575 for the support of the
child. having acknowledged the paternity
but not the seduction.
Judge Comstook. of the Wayne Circuit
yesterday afternoon. He sat between his
father and Judge l.. G. Abbott. John +.
Robbins made q motion for arrest OF
The court gave him privilege
OF reducing it to writing and putting
then overrnied it. and Robbins filed an ex-
cepti0n. He then asked MIR. Benham If be
had anything to say as to why sentence
should not be passed upon him. The
young man arose. pail with repressed
voice was full, strong and So
Il solemnly denounce the charge
as malicious falsehood. 1t
Judgment by Weighing the testimony, but
from the bitter and misleading speech of
the last lawyer who spoke in behalf of the
State. The State. lndeedi What did these
people care for justicef Any fair-minded
pushed because of q failure to extort
money. Thrice they Game to us
and demanded $1,000 to settle ell
prosecutions. l could have introduced
much testimony as to the character of the
chief witnesses for the prosecution. The
public knows their reputation for trnth
and veracity. but / considered my self safe
against sucha cabal and let the opportunity
20 By. Sentence ought not to be passed on
me, your Honor. because the charge is ma
liciously false and / am an innocent man."
When the defendant resumed HE seat
the judge reminded him that O jury has to
be governed by the testimony introduced.
If witnesses perjure themselves or their
veracity Is questionable. snch fact must be
shown. After q brief review of the EVIL
dence. pointing out how the p~rosecutrfx
was corroborated by three witnesses. the
Judge passed sentence. condemning j.
Frank Benham to two years in the
penltentiary and to pay q fine of $500. Mr..
Ranham waa than rafnrnad m tina annnfu
Jail. and will not be taken to J~etfersonville
before Wednesday. in the hope that the
Governor will then have had time to con.
slider the appeal for clemency.