In the District Court of Columbia County Washington Territory holding terms at Dayton
In the matter of the application of SM McFarland for a writ of Habeas Corpus
Return
Now comes N R Marquiss and for return to the writ of Habeas Corpus issued herein and which is here unto annexed, states and alleges:
That at and during all the times herein after mentioned he was and now is the duly acting and qualified Sheriff of Columbia County Washington Territory and by virtue of said office is the keeper of the County jail of said County
That on the 9th day of May 1888 the aforesaid S.M
McFarland was duly brought before W H Kuhn
one of the Justices of the Peace in and for said Columbia
County Washington Territory upon the sworn complaint
of M Cross charging that the said S.M. McFarland
on the 24th day of April AD 1888 within said County and
Territory unlawfully did remove from the County of
Columbia in said Territory into the Counties of Whitman
and Lincoln therein certain personal property
towit: One brown mule about seven years old
One brown mule about seven years old One set of
team harness and one 3 1/2 inch Steel Skein Barn
Wagon which said personal property he the
said S.M. McFarland had therefore towit on May 10th
1886 duly mortgaged by a certain chattel mortgage
beginning date on that day to M Cross to secure
the payment of a certain promissory note therein
set forth which said property was at the date
of said mortgage situated in said Columbia
County Washington Territory and that said mortgage
had not been released and said property was
so removed without the consent in writing or
otherwise of said mortgage M Cross,
and that on the examination of said complaint
the said Justice of the Peace then and
there found that the said offence had been
committed and that there was probable cause
for charging the defend said SM McFarland
with the same. Whereupon it was then and
there ordered by said Justice of the Peace
that the said SM McFarland enter into a
recognizance to the Territory of Washington
in the sum of Three hundred dollars for
his appearance at the next regular term of the
District Court of Columbia County Washington
Territory holding terms at Dayton there to
answer said charge.
That the said SM McFarland did not enter into such recognizance whereupon the said Justice of the Peace committed the said SM McFarland into my custody as Sheriff and Keeper of the County Jail of said County by his commitment in writing duly issued a true copy of which is hereunto annexed marked Exhibit "A" and made a part of this return
That the restraint complained of by the said SM McFarland is the restaint in which I hold him by virtue of said commitment
NR Marquiss
Territory of Washington County of Columbia } SS
N R Marquiss being duly sworn says he is the person who makes the foregoing return. That he has heard the same read knows the contents thereof and believes the same to be true
N.R. Marquiss
Subscribed and sworn to before me May 1888
C R Dorr
Notary Public
