In the District Court of Columbia County Washington Territory, holding terms at Dayton.
Before Hon. William G. Langford Judge of the above named Court.
In the matter of the application of S.M. McFarland for a Writ of Habeas Corpus
Complaint
To the Hon. William G. Langford Judge of the above Court and associate Justice of the Supreme Court of the Territory of Washington.
The petitition of S.M. McFarland the plaintiff respectfully shows:
1st That he is illegally imprisoned detained confined and restrained of his liberty by N.R. Marquiss Sheriff of Columbia County, Washington Territory, that he is now confined by your Sheriff in the County Jail at the City of Dayton in the County and Territory aforesaid.
2nd That the cause or pretense of such imprisonment and restraint according to the best of the knowledge and belief of the applicant is this; that applicant was brought before W.H Kuhn one of the Justices of the Peace in and for Columbia County Washington Territory, for examination upon a charge of having removed certain personal property upon which he had given a Mortgage from the County of Columbia, Where said property was situated at the date of said mortgage, and before said Mortgage was duly released or without the consent in writing of the mortgage, and upon such examination the said Justice of the Peace ordered the said applicant to be held to answer said charge before the Grand Jury of Columbia County. And the said Sheriff N.R. Marquiss claims to hold keep imprison and restrain applicant of his liberty by virtue of a commitment issued by said Justice of the Peace authorizing him to take into his custody and safely keep said applicant
3rd That such restraint is illegal in this: That the complaint upon which said applicant was arrested and examined does not charge the commission of any acts which are made criminal by the laws of Washington Territory, and that the said charge upon which the applicant was arrested examined and committed is not a crime or offense under the laws of Washington Territory or any law
That said Sheriff N.R. Marquiss has no writ of committment issued by said Justice of the Peace or any Justice charging or accusing the applicant with having committed any crime or offense known by the law
That said Justice of the Peace had no legal
or probable cause to commit the applicant
to answer said charge or any charge and said
Committment does not charge any crime or
offense known to the law.
Wherefor he pays for Writ of Habeas Corpus, that the same may be inquired into and he be dischared.
SM McFarland Petitioner
Territory of Washington County of Columbia } SS
S.M. McFarland, being first duly sworn says he is petitioner and applicant above named, that he is foregoing petition and complaint is true as he verily believes
SM McFarland
Subscribed and sworn before me this 8th day of May 1888
M.M. Godman Notary Public
Upon reading the foregoing petition and complaint it is ordered that a writ of Habeas Corpus issue as prayed [?] N.R. Marquiss Sheriff of Columbia County Washington Territory, returnable [?] before me at the Court Room, in City of Walla Walla, Walla County Washington Territory.
William G. Langford
Judge
May 9th 1888
In Dis. Court
In the matter of application of SM McFarland for Writ of Habeas Corpus
Petition and Complaint N 1570
Filed May 9 1888 JW Jessel Clerk By U.J. Ellis Deputy
