The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-23
A False Arrest Case Decided in
the Lyons Court.
7. H. Benton, Imprisoned for
Robbery, Sues Sheriff.
SECURES THE VERDICT
Records Show That He Was in
Jail Longer Than Necessary.
Jury Allowed Sc for Lost Time,
SIS for Injured Feelings.

Hutchinson, Kan, Jan. 23-H- White
side and A. c. Malloy have returned
from Lyons, where they have just won
a very important law suit. although
the damages awarded their client by
the jury were very meager.
The case was that of Thomas H. Ben
ton against T. z. Hicks the former
sheriff of Rice county. It was based
upon the false arrest and imprison-
ment of Benton in connection with the
Bushton bank robbery in 1900 This
bank was robbed on September 16, 1900,
the robbers securing. over $4,000.
A few days later Mr. Benton was ar
rested in Salina by Pinkerton detec-
tives on suspicion of having commit
ted the crime. He was held there for
ffty-two hours, after which he was
taken to Mcpherson and again impris
oued for forty-eight hours. He was
there turned over 10 Sheriff Hicks who
brought him handcuned to Lyons and
incarcerated him in the Rice county
jail. The Jail records show that he
was locked up on October IA and kept
there until November 80.
In the trial Attorneys Whlteside and
Malloy showed that Benton had not
left his home at Amarillo, Texas, until
October Q. 1909. almost month after
the bank was robbed, and that he had
not DGeH away any OF the Tune between
the robbery and the date of his leaving
home They also showed that during
the time he was incarceTated ne was
never shown warrant for his arrest
he was never told what he had been ar
rested for until several weeks later
when he was driven over to BuShtOn
handcuffed and shackled to be identi-
fed; he was never given preliminary
examination; was not allowed to write
tc his family-conSiStin of a wife who
rbT0niCalIU i'll and fOJIT children.
who i'm the meantime had become des-
titute and had to so to relatives at
Fort WOrth-he was not released even
until several DAYS after the people at
Bushton had failed to identify him,
when upon repeated requests the cOun-
ty attorney had written to Amarillo
and found that everything that Benton
had told him was true, and told the
sheriff to release him, even without the
Formally of g trial
The witnesses for the defendant tes-
tilted that Benton had consented to
the cOntinuances in his case and that
was the reason his preliminary hear
ing was postponed from time 10 time.
But Benton denied this, stating that
the reasons given him for not permit
ting him to have hearing were that
the county attorney was busy cam
paigning at another time he was out
Of town and a third time he was busy
settling up his father-in-law's estate.
BentOn's attorneys IN their arguments
showed the Righteousness of man,
who knew his family was destitute,
conserving to continuances Of his
case, when he knew ne was innocent.
and they censured fthe county attorney
fer not having inquired more speedily
into Benton's case.
The jury found a verdict for the
plaintiff. but in assessing the dam
ages, they took the defendants view of
the case and decided that Benton had
consented to the continuances and al
lowed him damages for only three days,
Wien it was admitted even by the de-
PENDANT that he should have been free
For this time they allowed s6 for loss
of time and SIS for injury to his feel
ings