The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-01
JUDGE BENSON DEAD
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a district Judgeship to United States
senatorship by telephone. The death
of Judge Benson recalls details of one
of the most unique lives in the annals
of Kansas.
Born in Poland, N. Y, in 1S43, he
was educated in law in Chamberlain
institute, Randolph, N. Y, and in 1850
removed to jamestown, N. Y. In July,
1863, he enlisted as a private in the
One Hundred and Fifty-Fourth New
York Volunteers and went to the
front. Ten months later he was left
for dead on the field at Chancellors-
vile. May 2, 1863. A Confederate
mimic ball had pierced his right lung
and put him out of the fighting. Lat
er two Confederates found him still
alive, relieved his suffering as far as
they could and filled his canteen with
water. He was a prisoner on the field
for eleven days after the battle. On
May 10 those prisoners who were able
to march were sent off to Richmond,
while the wounded were paroled. Ben
son recovered slowly and as soon as he
could rejoined the Army of the Cum
berland, participating in the Chatta-
nooga campaign with the Missionary
Ridge sweeping onrusn of victory in
the moonlight and then continuing
with his command in all of Sherman's
march to the sea.
Returning to jamestown with the
epaulets of a major the future Kan
sas senator finished his legal studies
and was admitted to the bar in Buff
falo in 1867. After two years of prac-
ticing in Sherman, N. Y, he heard
Horace Greeley's cry: Go west,
young man. go west" needed it, and
opened a law office in ottawa, Kan.
He Was Mayor of Ottawa.
In turn he became mayor of Ottawa,
a member of the state legislature and
district judge. 1t was in June. 1906
while Jp -ge Benson was on the dis
trict br nch of Franklin county, that
distance telephone and rendered him
the appointment to the unexpired term
in the senate made vacant by the res
| ignation of ]. Ralph Burton. He de-
INJURED at first. but finally accepted
/ the place.
] In this connection Henry Allen, edi-
tor of the Wichita (Kan.) Beacon,
used to tell a story on Judge Benson.
81 had known Judge Benson for a
great many years" Mr.. Allen said.
land in all that time his natural mod
esty had been proverbial in Franklin
county, but the sudden appointment to
the senate brought out the fact that so
far as dress was concerned he was Just
| like the rest of us. Senator Chester l.
Long telegraphed me urging that
plead with Judge Benson to accept the
| rendered appointment offered and
start for Washington at once that he
might vote on some pending legisla-
ton. I called Judge Benson on the
! telephone and delivered Senator
Longs message. The judge hesitated
and then replied: I don't see how /
can start so soon. Henry, 1 haven't the
clothes one should wear in the SEN
ate"
Judge Benson served seven months
until Charles Curtis of Topeka was
chosen his successor. Returning tc
Ottawa he resumed his practice and
August 1, 1907. the governor appoint
ed him to the state supreme bench
where he served until his retirement
January IL, 1915. Since then his
health was not the best. December 80
1915, he suffered a cerebral hemor-
| rhage.