Petition for seeking relief from wrongful imprisonment and forced labor

To the Hon. Legislature of the State of Wisconsin

The claim & petition of Samuel S. Benedict respectfully shows that at a Regular Term of the Circuit Court held in [illegible] the County of Portage in said state in May A.D. 1858 the following pretended sentence was pronounced against him by the Hon. G.W. Cate presiding judge namely; The prisoner being now brought into court to ruine the sentence the court gave said prisoner to the following sentence: That you [illegible] be remanded back to jail and that the Sheriff do convey you to the state prison and then and there to be confined during your natural life."

That on the 20th day of May A.D. 1858 the sheriff of said county under said pretended sentence and without any other authority conveyed your petitioner to the State Prison of said state & delivered him to the commission thereof by whom your petitioner was cofined & treated as a convict, until on or about the first day of August A.D. 1860, that during all the time aforesaid you petitioner was confined & compelled by the commission of said Prison to do & perform hard labor & did work hard & faithfully for said State during said time, That it appears by the decision of the Supreme Court of said state which will be found in the 12th of Wisconsin Reports on page 314, that your petitioner was unlawfully detained by said Commissioner & wrongfully required to laber for said state, That his services & time thus unlawfully obtained were reasonably worth the sum of Five Hundred dollars, and he claims for thus being confined and treated the further sum of Five Hundred dollars. And he further alleges that he was innosent of the offence charged and that his case was taken to the Supreme Courts a second

time upon a Bill of Exceptions & reversed by said court and a new trial granted, that before the day of trial this petitioner was discharged by the District Attorny. Your petitioner therefore asks that your Honorable Body may do justice to him by giving him a reasonable compensation for his time & service as well as for his unlawful improvement.

Dated Jan. 28th 1863

Yours &c Samuel L. Benedict By J. Ware his agent & Attory

State of Wisconsin County of Dodge - SS:

John Ware being duly sworn says that for the last two years he has resided at the village of Waupun in said state & county that he knows Samuel S. Benedict & acted as his attory in taking his case to the Supreme Court that the said Benedict was confirmed in the State Prison from the 20th of May 1858 until on or about the first of August 1860 and that during said time he was required to laber & did laber for said state and as this deferment was informed by the commissioner & also by the Deputy Warden that the said Benedict was one of the most faithful men in prison; that this deferment is authorized to bring & present this claim for the said Benedict & that the claim of the said Benedict for his time & laber as set forth in the foregoing petition in the opinion of this deponent is no more than a reasonable compensation therefor.

Sworn to & Subscribed before me this 28th day of January 1863. [illegible] Buck Justice of the Peace

John Ware

State of Wisconsin County of Grant SS

Samuel L. Benedict being duly sworn says that at a Regular Term of the Circuit Court held in & for the county of Portage in May 1858, the Hon. G.W. Gate presiding as Circuit judge the following pretended sentence was pronounced against him namely: "The prisoner now being brought into court to receive the sentence the court your said prisoner the following sentence: That you now be remanded to the State Prison, and then and there to be confined during you natural life" - That under as by virtue of said pretended sentence and without any other authority this deponent was conveyed to the State Prison of said state on the 20th day of May 1858 and therein confined by the commissioner of said State Prison and treated as a convict from the date aforesaid until on or about the first of August 1860, that during the time aforesaid this deponent was confined to hard labor, and did work faithfully for the state of Wisconsin, and the deponent further says that his time and labor during the period aforesaid was reasonably worth the sum of Five Hundred dollars, and he claims the further sum of five hundred dollars for his [illegible] confinement and imprisonment, as will more fully appear by the decission of the Supreme Court in the 12th of the Wisconsin Reports on page 313, he also alleges that hew was innosent of the offence charged, that all he did was in self-defence and which he was justifiable in doing and as further evidence of this he state that when he was subsequently granted a New Trial by the Supreme Court that before the day of trial the District Attorney of Portage

county discharged him well knowing that he could not be convicted before an impartial jury. The deponent therefore prays that the Legislature may do him substantial justice by allowing him a reasonable compensation for his time & labor as well as appropriate damages for his illegal confinement & imprisonment.

Subscribed & sworn to before Swn this 7th day of February 1863 Henry Blooms Notary Public Wisconsin

Samuel S. Benedict

State of Minnesota County of Rice: SS

James Giddings being duly sworn says that he formerly resided in Dodge County Wisconsin, that he was acting as Deputy Wardon of the State Prison of the State of Wisconsin from the first of January 1858 until the first of January 1860; That he Samuel L. Benedict who was brought from Portage County to the prison in May 1858, he thinks about the 20th day of that month, that the said Benedict was clothed & treated as a convict is required to labor as suite during the time that he was deputy wanton, and was in prison when this deponent left the prison, and the deponent further says that the said Benedict was a faithful hand & worked faithfully for the state, that in his opinion the time & labor of the said Benedict was reasonably worth the sum of one hundred & forty four dollars per year.

Subscribed & sworn to before me this 6th day of February A.D. 1863 James Giddings Thomas S. Buckham Notary Public Rice Co. Minn.