#4177
In the District Court of the Third Judicial District of Washington Territory, Holding Terms at Seattle.
In the Matter of the Application of William, A Chinaman, for a Writ of Habeas Corpus.
To the Honorable Roger S. Greene, Chief Justice of Washington Territory, and Judge of the above entitled court:
The Petition of said William respectfully shows:
That he is unlawfully imprisoned, detained, and confined and restrained of his liberty by J. H. McGraw, Sheriff of King County, Washington Territory.
That said imprisonment, detention, confinement and restraint are illegal; and that the illegality thereof consists in this, to-wit: That on the 10th day of October 1884, at Seattle, in said King County, Before T. H. Cann Esq., a Justice of the Peace in and for Seattle precinct in said county, a sworn complaint was made by one E. A. Gardner, wherein your petitioner was charged with the alleged and pretended crime, as follows, - that "He did wilfully keep a house then and there resorted to by divers persons for the purpose of smoking opium, and inhaling opium;" that upon such complaint a warrant was issued by said justice of the peace, upon which warrant your petitioner was arrested and brought before said justice of the peace; that thereafter such proceedings were had that on the 24th day of October 1884, your petitioner was tried before said justuce of the peace for said alleged offence, and upon said trial was found guilty said alleged offense and was by the judgement of said justice's court sentenced to pay a fine of forty dollars; and in default of such payment to be committed to the county jail of said county.
That your petitioner failing to pay said fine has been by said court committed to said jail, and now stands committed as aforesaid to said jail; and is in the custody of said sheriff at Seattle, and is restrained of his liberty as aforesaid; that said trial and commitment as aforesaid were had under and by virtue of section 2072[?] of the code of Washington; that said section is unconstitutional and void, and that said arrest, commitment and trial are therefore without any authority of Law. that the complaint in said cause [?] no offense, and said justice had no authority to impose any fine upon your petitioner.
Wherefore your petitioner prays that a Writ of Habeas Corpus may be granted, directed to the said John H. McGraw, Sheriff of said King County, commanding him to have the body of said Chinaman William before your honor, at a time and place therein to be specified, to do and receive what shall then and there be considered by your honor concerning him. together with the time and cause of his detention, and said Writ; and that he may be restored to his liberty.
Dated on the 24th day of November 1884:
Struve, Haines and Welwicken and McNaught Perry McNaught & Mitchell Attorneys for Petitioner
Territory of Washington, County of King, SS
WIlliam being first duly sworn on oath says that he makes this verification on behalf of himself as said petitioner; that he is one of the Attorneys for said petitioner ^named above that he has read the fore-going petition, knows the contents thereof, and believe it to be true.
J.H. Mitchell witness to signature
Subscribed and sworn to before me this 24th day of October 1884.
John M. Mitchell
Notary Public for Washington Territory.
