| Shooting of John Papino St. Augustine Florida |
| St Augusine Evenng Record Oct 31, 1902 Marshal Benet Shoots a City Coucilman John Papino Colored, Painfully Wounded. A Wild Scene of Excitement and Confusion Follows The Wounded Man Rushes Bleeding and Screaming through the Streets Benet Gives Himself Up Without a word of warning and with nothing on the surface to indicate the cause of his act according to the testimony of those present, Marshal Charles Benet drew a revolver at a meeting of the City Council last night and shot Alderman John Papino. Immediately the room was in an uproar and several of the members of the Council made a hasty exit from the chamber fearing, perhaps, other shots might be directed at them. Others remained and Alderman Blanchard assisted the wounded man from the room. Meanwhile Papino was making a great outcry and went screaming through St. Georges street leaving a trail of blood behind him util he finally met a carriage which convyed him to his home. The news of the shooting quickly spread and the streets were soon filled with excited people. Meantime the marshal was taken in hand by friends, and taking their advice he drove to the county jail and placed himself in the custody of Sheriff Perry. Doctors Roberts and Rainey were called in to attend to Papino who by this time had lost a great quanity of blood. It was ascertained th the ball a thirty-eight calibre cartiridge hd entered his right cheek and passing downward lodged in the side of his face. An efforet to locate it failed. Both doctors say that the wound is not fatal nd unless complications set in Papino will recover. How it affected the Council To say that the sudden onslaught of the infuriated marshall created a sensation would be putting it mildly. While Papino was dodging to escape the bullets, Alderman Center is said to have made record time to the door. He was followed by Alderman Pacetti who suddenly remembered an important engagement at a union meetng. Clerk Carrera devutly crossed himself and excecuted a rapid descent to the street. President-elect McBride remained perfectly still, not knowing whether or not the marshal would turn his btteries on Him. He stayed here until somone asked him for a match and then he too skedalled. Cause of the Difficulty While it is said that bad blood existed between the Marshal and the Alderman, the immediate cause of tthe difficulty arose out of a dispute regarding the following commuication, which the Marshal had sent to the Council: I beg leave to report to your honorable body that the police force is in need of four new uniforms, which will cost about $15 a piece. I therefore beg your honorable body to allow each one of the police force that amount for the purchase of new uiforms. Respectfully C H Benet Alderman Papino protested against the allowance, and on getting up the second time to speak was interrupted by the Marshal; a moment later the shot was fired. Alderman McBride made the following statement: I was seated in the presidents chair facing both the marshal and Alderman Papino when the affair occurred. A communication had been read by the clerk regarding the purchase of uniforms for the police, and the marshall asked and was granted permission to speak on the subject. He said what he had to say without interruption, and then Alderman Papino spoke. Alderman Capella then said a few words, when Alderman Papino again rose and began to speak. Marshal Benet interrupted him telling him to shut up. This he repeated twice. Alderman Papino then told the marshal that he would not shut up as he had a right to speak and that the latter was simply a sergant-at arms and had no right to tell him to shut up. At this juncture the marshal rose from his chair, drew his revolver and fired at Papino as the latter crouched behind his desk to avoid the shot. He then advanced around the desk and continued to snap his pistal at the prostrate man. I heard no words of abuse passed on either side except that the marshal ordered Papino to shut up. Alderman Center and Blanchard corrobrate the statement of Alderman McBride in every particular Not under arrest One of the pecular features of this case is the fact that there has yet been no warrant issued for the arrest of the Marshal; he has not been suspended, ad really, io official action has been taken. He voluntarily gave himself up to the Sheriff, but unless some steps are taken to bring a charge against him, the Sheriff will refuse to hold him after a reasonable time. Nov 1 1902 Benet Is Now at Liberty on Bail Judge Mackey accepts a $1000 bond His hearing set to be heard on November 8 Papino Getting along well- his temperature normal his physicians expect him to recover City Marshal Charles H. Benet who is charged with having shot and painfully wounded Alderman John Papino in the City Council chamber on Thursday night, and has since been in custody on his own volition, was made a legal prisoner last night, as a warrant was sworn out charing him with assault with intent to kill. This morning accompanied by his counsel, Albert H Mickler, Benet appeared at Justice Mackey's court and was admitted to bail in the sum of $1000 to appear at a hearing to be held on Nov 8. Bail was very promptly furished. Messrs. B Genovar and Barnard Masters being his bondsmen. Mr. Benet appeared cool and collected. He has been instructed by his counsel to say nothing for publication and will not talk about the case. Dr. J K Ralney, who is one of the physicians in attendance upon the wounded man, said today to a Record representative that Papino was doing very nicely, and unless iflammation set in he would doubtless recover. When I saw him this mornig, said the doctor, he was resting easy and his temperature was normal, with no indication of fever. I do not mean by this that he is out of danger, as inflammation may yet set in which my be fatal; but from his present condition there is little to fear The Marshall Suspended The application for admission to bail was quietly made, and Mayor Boyce was unaware that the Marshal had been released, until after dinner. The Mayor immediately made out a notice suspending him from duty. Nov 6 Charges Perferred Against Marshal Benet They Will be Heard November 15 Attorney MacWilliams Will Represent the Defendant Formal charges were brought agaist Marshal C H Benet by Mayor Boyce at the meeting of the City Council last night. The Mayor was present when the charges and notice of suspension was read, and was accompanied by his attorney, J. W Henderson. Marshal Benet was also on hand represeted by W. A MacWilliams who will also act as his attorney in the forthcoming trial. The charges are as follows: As the Mayor of the city of St Augustine, and in complance with the provisions of the law of the State of Florida under which the govermet of our city is either directly or indirectly guided in the actio of each and every official of our municipality, I respctfully report that on the 1st day of Nov ad 1902 I suspended City Marshal C H Benet. My reasons therefor are as follows First, that at the adjourned meeting of the City Council; to wit on the 30 day of October A D 1902 the said C H Benet when present under the law at said meeting, to aid in the enforcement and preservation of order uder the direction of the presiding officer of said meeting did grossly abuse his official position by conduct unbecoming an officer and a conservator of the peace in that he said Ch Benet was himself guilty of rude violent and disorderly conduct and as a result the dispersion of the members present at said session and the breakig up of said meeting. Second that said CH Benet did then and there at said meeting of the City Council on Oct 30 AD 1902 commit an assault with a deadly weapon upon the person of one of the alderman of said city of St Augustie - namely Alderman John Papino while in the discharge of his duties as a member of the City Council of said city of St. Augustine and at the time said City Council was in lawful session, by shooting said John Papino with a pistol,. Nov 8 Benet's Counsel Make a Statement His Reasons for the Shooting are Given Self Defense will be the Plea Entered in his Pbhalf Papino is alleged to have been advancing upon Benet wih his hand on his hip pocket Owing to the fact that the hearing in the case of Officer Benet who is charged with assulting Alderman John Papno, has been postponed through no fault of ours. It deprives of for the time being of letting the public know the defendant's side of the case; and in order that the public may know that he has a good defense and to relieve our client of the injust of having but oe side of the story made public we desire to state the following facts: The trouble arose during a meeting of the City Council, over an application made to the Council in writing by Officer Benet for an appropriation for the purchase of four uiforms with it has been customary for the Council to grant. All matters pertaining to to the police force have been opposed by Alderman Papino solely on account of the personal ill will he bears toward Marshal Benet, which whom he has been at odds for some time. When Mr. Benet rose on permission of the Council to explain that the unsiofrms would not cost less that $15 and stated that the coat he had on cost 11.50 Alderman Papino interrupted him and intimated that the coat did not cost that much thereby intimating and imputing dishonesty on the part of the Marshal, and the Marshal so construed it. He continued to make offensive objections aand finally the Marshal told him to stop it. Thereupon he told the Marshal to shut up and sit down, that he was his superior and he the Marshal was his servant. He also cursed at the Marshal The Marshal again told him to desist. Both became excited. Papino was standing back from his desk and throwing his hand to his hip pocket and advanced toward the Marshal in an attitude that indicated his intention to do him bodily harm The Marshal knowing Papino's feelings toward him and presuming that he indended to assault him drew his pistol and fired. these facts can be demonstrated and poved by reputable witnesses who were present and saw the affair. (Marshal Benet was never convicted. Councilman Papino outlived him. |