Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus]
Source Note
, Petition, , Hancock Co., IL, to Municipal Court, 12 Apr. 1844, State of IL v. Colton on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of ; signature of ; two pages; Nauvoo, IL, Records, CHL.
To the Honorable Municipal Court in & for the City of —
Your Petitioner most respectfully represents that he is now under arrest in the City of — that he is in the Custody of one a constable in & for the County of & State of — and by what authority he is thus deprived of his Liberty, your is unable to ascertain—
Your further represents that on the 10th day of April A.D. 1844 he was arrested by the Said constable as aforesaid by virtue of a States Warrant issued by one a Justice of the Peace in and for the & aforesaid upon the affidavit of one J. A. <A[ndrew] J.> Higbee of this charging & accusing your of <with> Willful & Corrupt Perjury in the Said county of —
Your further represents that he availed himself of the Provisions of the Statutes as he did not believe he could have a fair & honorable trial before the <Said> that the Said transmitted the Papers to one a Justice of the Peace in and for & aforesaid that Your there appeared and offered to make a Motion for the Proceeding to be dismissed on account of the insufficiency of the Papers (the affidavit &c) <copies of which are hereto attached> but your was refused the Privilige and was forced into trial. notwithstanding he then & there Moved the court for a trial before Some other Justice as is by the Statute in Such cases made & Provided. but this right your was refused— and the Said court Proceeded to try the charges as [p. [1]]