The Sentinel=record., 1911-02-26
THE 5oNDsMEN.

Sheriff Sid Houpt. John Rutherford, and the above roster of bondsmen of the sheriff, were yesterday made de fendants in $50,0O0 damage suit where in Mrs. k A. Wright, mother of Oscar Chitwood Is the plaintiff, and the action is brought to recover dam ages which the plaintiff alleges she in. cured through the murder oe Oscar Chitwood at the door of the county jail on he morning of December 26.
 In the complaint it is set up that John Rutherford and Ben Murray, who were deputies under Sheriff Houpt to- getAer with others unknown at this time to the plaintiff, created a con spiraey to murder Oscar Chitwood, and did carry it out, while the latter was a prisoner in the custody of the sheriff.
 Chtwood, at the time he was killed, was indicted for the murder of former sheriff Jake Houpt, and for an assault with intent to kill Sheriff Sid Houpt, and had been granted a change of venue to Saline county for the trial of these charges.
 The suit was filed in the Pulaski circuit court, 1t being the representa- tion of Attorney James Graham that under conditions existing here his client could not secure an impartial hearing of the issues involved
 A peculiar incident in connection with the circumstance is that Hamp Williams and C. F. Taylor, two of tie bondsmen who are made defendants in this action, were on the coroner's jury which unanimously ordered John | Rutherford and Ben Murray held with out bond as accessories to the murder of Chitwood. C. F. Taylor, the latter of these, is also a member of the com ing grand jury which will be called on to pass on taeequestion of indictment | of the men.
 After neciting the fact that Sid Houpt was sheriff of Garland county and that John Rutherford and Ben Murray were deputies duly commls- stoned and acting under him, the plaintiff states that:
 The defendants, John Rutherford and Ben Murray. and otlers unknown to the plaintiff, unlawfully, willfully and premeditatedly conspired and confederated together to murder, kill and assassinate one Oscar Chitwood a prisoner in the county jail of Gar land county, Arkansas, and in charge, care and keeping of Sheriff Sid H0upt and his deputies.
 That heretofore to-wit on the 26th day of December, 1910, in furtherance of this unlawful conspiracy the de fendant John Rutherford, acting as a 1 deputy sheriff of Garland county and jailor thereof, and being in posses siCn of the keys to the said jail, en- tered the jail of Garland county, Ar kansas. wherein the said prisoner Oscar Chitwood, was confined, and aft CT securely handcuffing the said pris- oner, Oscar Chitwood. removed him therefrom, so that he and his CO conspirators, Ben Murray and others, could kill, murder and assassinate the said Oscar Chtwood by shooting him to death with pistol or pistols held in their hands.
 That the said Oscar Chitwood was all unmarried person and the son Of this plaintiff.
 That plaintiff was dependant on him for support and maintanance and that by reason of the unlawful act of the defendants, John Rutherford, Ben Murray and other co-conspirators, in killing, murdering and assassinating Oscar Chitwood, plaintiff, has been de- priyed of the care, protection and support of her son and has suffered great mental anguish to her great damage and injury in the sum of $50. O00 Wherefore plaintiff prays iudg ment against the defendants in the sum of $50.000, for costs of this action and f0r all other raIiafn