Thurston County Washington Territory.
In the matter of the application of Sid Howard for a writ of Habeas Corpus} Petition for writ of Habeas Corpus
To the Honorable John P. Hoyt, Judge of the District Court of the 2d Judicial District of the Territory of Washington.
The Petition of Sid Howard, respectfully shows and states:
That he said Sid Howard is now unlawfullly imprisoned confined and restrained of his liberty by William Billings Sheriff of said County at the County Jail in Olympia in the County of Thurston and Territory of Washington. That said imprisonment confinement and restraint are illegal unlawful and without colorable right or authority and the illegality and unlawfulness thereof is in this viz. Your petitioner on the 7th day of May AD 1884 was arrested upon a warrant issued by W. H. Keady, a Justice of the Peace in and for the City of Olympia aforesaid County upon a complaint filed in his said Justice Court charging your petitioner with having on the 8th day of May AD 1884 in the said county and Territory committed the offense of smoking
and inhaling opium. That your petitioiner was brought before said Justice in his said Court on the 10th day of May aforesaid and put upon his trial for said offense and then and there entered a plea of not guilty and demanded a jury. Whereupon a jury composed of three males and three females were empaneled examined and sworn to well and truly try the said charge so made against your petitioner as aforesaid. That afterwards to wit on the 10th day of May aforesaid the said jury having heard the evidence and having retired to consider their verdict returned into court with their verdict which verdict was in writing in words as follows to wit "We the jury in the case of the Territory of Washington versus S Howard find the defendant guilty" "G.W. Tayler, Foreman,"
That after receiving and filing said verdict the said justice of the Peace did proceed illegally unlawfully and without colorable right or authority to sentence your petitioner to wit: did sentence your petitioner to pay a fine of twenty five dollars and costs of such taxed at and in default of payment your petitioner stand committed to the County jail until such fine and costs are paid.
That upon said sentence the said Justice made out his commitment wherein and whereby he commanded the constable or officer having your petitioner in custody in the name of the United States of America forthwith to take convey and deliver your petitioner to the keeper of the County Jail of Thurston County and him the said Keeper commanded to receive your petitioner into custody in said jail and him (your petitioner) there safely keep until the terms of said payment are complied with or until he shall thence be discharged by due course of law.
Your petitioner further shows and states that the said Justice had no jurisdiction power or authority by law or otherwise to pass the said judgment and sentence upon your petitioner as aforesaid. that upon said commitment and and judgment your petitioner has been delivered into the custody of William Billings sheriff of said County and is now illegally imprisoned detained confined and restrained of his liberty in the common or county jail of said county by reason of the said fine and cost not being paid. Your petitioner not being able to pay the same.
Wherefore, your petitioner prays that a writ of habeas corpus may be granted directed to the said William Billings Sheriff aforesaid commanding him to have the body of your petitioner before your Honor at a time and place therein to be specified to do and receive which shall then and there be ordered commanded by your Honor concerning your petitioner together with the time and cause of your petitioners detention and said writ that your petitioner may be restored to his liberty
Dated May 12th 1884
Sid C. Howard
