In the District Court of Washington Territory and for the First Judicial District thereof holding terms at Cheney in Spokane County
In the matter of the petition of Daniel Ainsworth for a writ of Habeas Corpus–}
To the Honorable Samuel C. Wingard the judge of the above entitled court.
The petition of Daniel Ainsworth respectfully shows=
First: That he is unlawfully restrained of his liberty at Cheney aforesaid, by P.W. Dillon, the Sheriff of Spokane County aforesaid.
Second: That the cause or pretense of said restraint according to the best knowledge and belief of the petitioner, is, that said Sheriff holds a commitment issued by one J.W. Range, a justice of the peace in and for said Spokane County aforesaid, Cheney Precinct, dated November 17th 1884, commanding him the said sheriff to safely keep the said Daniel Ainsworth until discharged by due course of law to writ: until discharged by the District Court aforesaid–
Third: That said restraint is illegal and such illegality consists in this. On the 13th day of November 1884, one F.V. Hoyt made a complaint in writing and under oath, charging the said Daniel Ainsworth with having obtained money from him, the said F.V. Hoyt, by means of false pretences: That said complaint does not charge said Ainsworth with having obtained said money through any fraudulent intent, or designedly, or that said Ainsworth then and there knew any such pretences to be false–
That on said complaint a preliminary
examination of said defendant the petitioner herein was
had before said justice on the 17th day
of November 1884, and on said
examination, there was no testimony
whatever offered, that any representation
made by said Ainsworth, relative to the
matter changed in said complaint was in
fact false, or that said Ainsworth
knew any such representation to
be false, or that any such
representation was made for the
purpose, or with the intent of defrauding
the said Hoyt, or any other person.
Nor was there any testimony offered
on said examination in any manner
tending to prove any crime, having
been committed by said Ainsworth.
Wherefore your petitioner prays that
he may be forthwith brought before
your Honor, the said complaint and the
testimony addresed thereunder reviewed
and the petitioner discharged–
W.R. Andrews
Attorney for said petitioner
Territory of Washington County of Walla Walla } ss
W.R. Andrews being first duly sworn, deposes and says:
That he is the attorney for Daniel Ainsworth, the petitioner above named and makes this verification[?] in behalf of said petitioner–
That he, affiant, has read the said petition, knows the contents thereof, and that the matters and things therein alleged are true–
W.R. Andrews
Subscribed and sworn to before me November 18th, 1884}
A. Reeves Ayres Clerk District Court
in re
Application of Daniel
Ainsworth for a writ of
Habeas Corpus
Petition
In the District Court of the Territory of Washington and for the First Judicial District thereof, holding terms at Walla Walla, for the counties of Walla Walla and Franklin, in said Territory
Application of Daniel Ainsworth for Habeas Corpus
Petition Filed in the Office of the Clerk of the District Court this 18th day of November A.D. 1884 A. Reeves Aipes Clerk By ________ Deputy
W.R. Andrews
Attorneys for Petitoner
