T. S. Roadman v. P. W. Dillon. Petition

 

In the District Court of Washington Territory and for the First Judicial District thereof, holding terms at Cheney in and for Spokane County

In the matter of the application of T.S. Roadman for a writ of Habeas Corpus.

To the Honorable S.C. Wingard the Judge of the above entitled court. The petition of W.C. Jones, respectfully shows- That he is one of the attorneys for T.S. Roadman the applicant above named and makes this application in behalf of said applicant– That said T.S. Roadman is unlawfully restrained of his liberty by P.W. Dillon the Sheriff of Spokane County – at Spokane County aforesaid.

That the cause and pretense of said restraint is that said Dillon let[?] as sheriff as aforesaid holds a warrant of Commitment issued by one J.W. Still, a justice of the peace in and for Spokane County aforesaid.

That said warrant of commitment is unlawful and irregular in this–

The compaint upon which said T.S Roadman was arrested and the hearing   did not charge any one with the comission of any crime– The evidence adduced from the invesitagation had as aforesaid upon said complaint, did not tend to prove said Roadman guilty of any crime or that there was probable cause for holding him for appearance at the next time of the District Court aforesaid–

That the judgement of said justice was in effect that said T.S. Roadman should enter into bail in the sum of three hundred dollars for his appearance at the next term of the aforesaid District Court, and the commitment aforesaid was issued upon said order–

Wherefore your petitioner prays: That a writ of Habeas Corpus may be granted directed to the said P. W. Dillion commanding him to have the body of the said T. S. Roadman before your honor at a time and place therein to be specified to do and receive what shall then and there be considered by your honor concerning him together with the time and cause of detention, and that said T.S. Roadman may be restored to his   liberty.

Dated August 14th, 1883 W.C. Jones
Petitioner Territory of Washington
County of Spokane

W.C. Jones being first duly sworn deposes and says: That he is an attorney for T.S. Roadman the applicant named in the foregoing petition for a writ of Habeas Corpus– That he has read the foregoing petition, knows the contents, thereof, and believes the same to be true –

W.C. Jones

Subscribed and sworn to
before me August 14th 1883
W.R. Andrews
Notary Public–