In the District Court before the Honorable Frank Allyn CE Boyle associate Chief Justice of the Supreme Court of Washington Territory.
In the matter of the petition of Ed Olson, Harry Simpson, William Totterman, William Darrin, John Dohran, Frank Kaff, Thomas Stuart and G. FitzGerald for the discharge in Habeas Corpus. ) No. 6353 Petition
To the Honorable Frank Allyn CE Boyle presiding as aforesaid; your petitioners Ed Olson, Harry Simpson, William Totterman, William Darrin, John Dohran, Frank Kaff, Thomas Stuart, and G. FitzGerald, most respectfully represent;
I.
that there are now and have for the past six months been unlawfully restrained of their liberty, one John Sheehan, Sheriff of Jefferson County, at the jail of the said Jefferson County, in the City of Port Townsend.
II.
That the cause of the said unlawful restraint is as your petitioners believe a charge or pretended charge of riot against your petitioners, charged to have been committed on or about the 5 day of June 1888.
III.
That the illegality of the said restraint consists as follows; that Justice J.H. Van Boeklelen who tried the case, had no jursidiction; that the said defendants were not guilty; that the said Van Boeklelen said that the said defendants were guilty and placed them under bonds in the sum of $250 dollars, said verdict being unjust, harsh and cruel; that the said defendants were bond over to appear at the October term of Court 1888; that the said October term of Court has past, no charge made against petitioners, no indictment made, and no trial had that said petitioners are being held upon a process which is wholly illegal and without jurisdiction.
WHEREFORE petitioners pray that your Honor will grant unto them a writ of Habeas Corpus commanding that your petitioners be brought before your Honor at such time and place as your Honor may see fit and meet and proper; that your Honor may then determine as to the matters herein complained.
Lewis and Gilman
Attorneys for petitioners.
