Territory of Washington}
County of King}
In the District Court holding terms at Seattle.
In Re application for Thomas Gilbert and Catharine Gilbert for a Writ of Habeas Corpus
To the Honorable Richard A Jones Judge of said court.
The Petitioners Thomas Gilbert and Catharine Gilbert would most respectfully show unto your Honor that they are each unlawfully imprisoned detained and confined by William Cochoran Sheriff of said King County, in the King County Jail in the City of Seattle said county.
That said imprisonment is illegal and that the illegality thereof consists in this:
That on the 2d day of May 1888 these petitioners were arrested and brought before one N Soderberg a Justice of the Peace in and for the Seattle precinct in said King county on a charge of disposing of beer to an Indian that on said day a hearing or pretended trial was had before said Justice and that these petitioners were on said day each fined the sum of $100 and that in default of the payment of said sum was by said Justice committed on said day to the Jail of said county for the period of fifty days. That petitioners have been so confined in said Jail for the full term of said imprisonment to wit: fifty days and that said term has fully expired and then petitioners are now entitled to be set at liberty.
That these petitioners have had but one trial before said Justice W. Soderberg and have suffered the full term of punishment by imprisonment ordered in said cause, but that said W. Soderberg has issued duplicate commitments as their petitioners believe.
That the commitments under
which petitionrs are held are null and void and that petitioners cannot be further held in imprisonment under the same
That the true and correct copies of the warrants of commitments by which the said William Cochoran claims to hold and imprison these petitioners are attached to this petition and are marked Exhibit "A and Exhibit B" and are made a part of this petition and that the defects therein will appear under examination of the same.
Wherefore petitioners pray that they may each be restored to their liberty upon, at hearing herof. That a writ of Habeas Corpus issue directed to the said William Cochoran commanding him to produce before your honor the bodies of petitioners at a time and place to be disspropuated[?] and to do and receive what shall then and there be considered by your Honor concerning Petitioners and that he have then and there the cause said writ and make due return thereon as to the time
and cause of the detention of petitioners and that petitioners have full and further relief.
Thomas Gilbert
Catharine Gilbert her X mark
Richard Osborn
Atty for Petitioners
