#4689
In the District Court of the 3rd Judicial District of Washington Territory holding terms at Seattle, for the Counties of King and Kitsap.
In the matter of the application of George Walker, John San Francisco and Pedro O'Brien for a Writ of Habeas Corpus.
To the Honorable Roger S. Greene Judge of the District Court of the 3rd Judicial District of Washington Territory.
The petition of George Walker John San Francisco and Pedro O'Brien, ^by their next friend Jeremiah Macauley[?] respectfully show:
That they the said George Walker
John San Francisco and
Pedro O'Brien are unlawfully
imprisioned, detained, confined
and restrained of their liberty
on board the barque Hattie
E Tafley[?] now lying at the
Port of Port Blakely Kitsap
County Washington Territory by
George Finleyson master of
said barque.
That the said imprisonment and restraint confinement and detention are illegal and that the illegality thereof consists in this writ:
That the said George Walker,
John San Fransicso, and
Pedro O'Brien were late seamen
on board the said barque
Hattie E. Tafley on a voyage
from Hong Kong to Victoria
and from thence to Sidney That
on said Voyage they were
contrary to the [?] articles
for said voyage, provided with
insufficient and unwholesome
food, That the master of said
barque George Finleyson
voluntarily deviated from the
said voyage and came to Port Blakely
a port within[?] the United States -
shall for the reasons aforesaid
and other reasons the [?] said seamen and applicants
left the said barque while in
the port of Port Blakely and
libeled the said barque for
their wages. That having failed
the said libel in the District court
of the 3rd Judicial District and
while a Deputy Marshal of the
United States was in charge
of said barque the said
petitioners went on board the
said barque for the purpose
of taking therefrom their
clothing which they had
left on board when leaving
said barque. That while
on board the said vessel
for the aforesaid purpose
of taking their clothing from
the said vessel the said
captain master George Finleyson
then master of the said barque placed[?] the
said George Walker, John
San Francisco and Pedro O'Brien
in irons and now has them
confined ^& imprisioned on board said
barque againt their will
and contrary to law -
Wherefore, your petitioners
pray that a writ of Habeas
Corpus may be granted, directed
to the said George Finleyson
master of the said Barque
Hattie E. Tufley commanding
him to hand the bodies of your
petitioners before your honor,
at a time and a place therein
to be specified to do and
receive what shall then and
there be considered by your
Honor, concerning your petitioners[?]
to [?] with the Term and
cause of their detention and
said [?] and that your
petitioners may be returned to
their liberty -
Jeremiah Macauley
Territory of Washington County of King SS
Jeremiah Macauley being duly sworn on oath says that he is the person who signed the foregoing petition. That he has heard the order read and knows the contents thereof and believes that above to be true. ^ and that he has no further[?] information in this proseeding Jeremiah Macauley
Subscribed and sworn to before me this 31st day of October 1885-
John J. [?]
Silvars[?]
Notary Public
