The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-07-06
MURRiY'S PETITION f'
AGAINST CAMPBELL

In the Superior Court in and for
Muskogee County, State of Oklaho-
ma. j. s. Murray Plaintiff VS..
Campbell Russell, Defendant Pc
tihon. Comes now j. S. Murray,
plaintiff above named and for cause
of action against the delendantl
Camp5ell Russell, alleges and states
That on or about the 2lst day OF
June, 1912, at the City of Musko-
gee. County OF Muskogee. and State
of Oklahoma. said defendant malic-
iously, unlawfully and without prob
able cause. caused the plaintiff to
be arrested, by then and there max
ing and fling before NJ. G. Bailey. a
Justice of the Peace of said county,
an affidavit and information duly
sworn TO by said defendant, charg-
ing the plaintiff with having com
mltted certain crime. to-wit: that
he embezzled and appropriated
Three Hundred ts30O.OD Dollars to
the use and benefit OF himself and
divers other persons, which the un-
lawful and felonious intent TO de.
fraud the State of Oklahoma of
said property that upon such false
charge so made. the defendant un-
lawfully and mahciously caused and
procured warrant to be issued by
said justice for the apprehension
and arrest of said plaintiff. thereup-
on the said defendant unlawfully
maliciously and without probable
cause therfor, caused the plaintlff
TO lbe arrested on such warrant, and
forcibly kept. detained and restrain
ed him of his liberty: that there.
after. on or about the 2nd day of
July, 1912. said defendant caused
the plaintiff to be brought before
said Justice to answer said charge:
that after having caused the arrest
of said plaintiff and caused said
plaintiff to be brought before said
justice said defendant failed to APP
pear in said court, and said cause
was dismissed for want of prosecu-
ton discharging-said plaintiff from
custody and of and from said pros
ecution, and that he go on quit
Plaintiff states that said prosecu-
tion by the defendant. Campbell
Russell, was wholly unfounded and
without just cause and was begun,
carried on and prosecuted by said
defendant 70 rmalice toward the
plaintiff and TO wrong and injure
him, the defendant well knowing at
and before the commencement OF
said prosecution that the plaintif
was innocent of said charge and
that the same was false. ground
less and without cause.
And plaintiff further states that
said Imprisonment so as aforesaid
procured 10y defendant, was false,
unlawful and without cause
Plaintiff further states that by
reason of the acts of the defend
ant as aforesaid and for causing
lis Imprisonment and prosecution.
he was put to great trouble and eX-
oense in his defense TO said prose
sution, and was compelled to pay
out large sum of money, towit:
One Hundred and Fifty ($150.00)
Dollars for counsel fees, and other
expenses thereon. That he was sub
ected to loss of time and deten-
ion from business in which he was
in the sum of one Humid
ed and Fifty SOl50.00 Dollars; that
le was subjected TO great mental
nd physical suffering by said un-
lawful arrest and prosecution to
lis damage in the sum Of Twenty |
i've Hundred ,tS450000 Dollars !
his plaintiff was further greatly, |
rievously and permanently in i
ured in his business reputation to
he reasonable damage OF Seventy |
wo Hundred (s7200O0) Dollars
Wherefore plaintiff prays judg
lent against said defendant for
aid sum of Ten Thousand $4,000
Cd Dollars as damages. and for his
ost and other proper relief, and
viii ever pray A. Wyand. At
)rney for Plaintiff