Territory of Washington County of Lincoln} ss.
In the district court of the 4th judicial district of Washington Territory holding terms at Yakima City.
S.P. White
Plaintiff
vs.
John Cody Sheriff
of Lincoln County, W.T.}
Defendant}
Application for writ of Habeas Corpus
To Hon. George Turner Judge of the above entitled court.
The undersigned your petitioner would respectfully represent and show your Honor
1st That he is a citizen of Lincoln County Washington Territory.
2nd That your petitioner the above named plaintiff is restrained of his liberty under the name of S. White by John Cody, Sheriff of Lincoln County Wash. Ter. at this City of Spokane in said county and territory.
3rd That the cause of such restraint is a pretended charge of murder in the first degree.
4th That said restraint is illegal in this 1st That the pretended preliminary examination of your petitioner before J.W. Carpenter a Justice of the Peace in Lincoln County Wash. Ter. was little better than a farce being conducted and controlled by one J. H. Friedlander a Deputy Sheriff who to all intents and purposes performed the duties of Justice of the Peace, Prosecuting Attorney and Deputy Sheriff.
2nd That no charge of murder was never made against your petitioner.
3rd That said Justice neglected to fix any bail for your petitioner or to make any order affirmation or negotiate in relation thereto.
4th That your petitioner has not been committed for any alleged crime and is now held unlawfully by the said John Cody Sheriff upon a pretended committment from said Carpenter which does not any where state or allege for what crime your petitioner is held.
5th That your petitioner is wounded and in such physical condition that close confinement in jail would be inhumane and dangerous to his health.
6th That your petitioner is ready and willing to give any reasonable bail for his appearance at such time and place and before such tribunal as your Honor shall decide as soon as he shall be informed of the crime with which he is charged.
Respectfully submitted
S.P. White
W.H. Smallwood
E.F. Benson} Attys. for petitioner.
Territory of Washington County of Lincoln
S.P. White being duly sworn says I am the identified S.P. White who made and subscribed the above and foregoing petition which I have read and all the matters and things therein contained are true as I verily believe
S.P. White
Sworn to and subscribed before me
this 2d day of February A.D.
1885
W.H. Smallwood
Notary Public
W. H. Smallwood Notary Pulic Spokane Couty Wash. Ter.
To the clerk of the District Court for the fourth judicial district, holding terms at Yakima City.
See the writ issue as prayed for in the petition, returnable before me at Spokane W.T. on Tuesday February 10th 1885.
George Turner
Judge
Spokane W.T. Feb. 13 1885
After hearing evidence for the territory and the defendant as to the guilt or innocence of the prisoner. I am of opinion that there is probable cause to believe he is guilty. The said S.P. White is therefore recommitted to the custody of the sheriff without privilege of bail.
George Turner
Judge
