Petition, 4 April 1843 [State of Illinois v. Hoopes et al.]

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State of Illinois)
City of )
To the Judges of the Municipal Court of the City of
Your Petitioners Jonathan Hoop[e]s and Lewis Hoop[e]s Humbly represent that they are now under arrest <​in this ​> by virtue of a Warrant Issued by a Justice of the Peace in and for the County of and aforesaid charged with having commited a riot in this that the said prisoners Entered the premises of the prosecuting Witness Betsy Ann <​Samuel​> Driggs of the & aforesaid With force and arms and unlawfully took possession of the Same— But your Petitioners seriously aver that they are not guilty of the said charge <​contained in the said writ or affidavit upon for writ <​warrant​>​> And that the matter set forth in said charge if True Does not amount to a riot in Law and further that the said Warrant is insufficient in Law to Legally Hold your Petitioners in custody— and further the above <​Said​> Warrant was obtained throug private pigue [pique], malicious <​intent,​> falshood, and misrepesentation. And further that your Petitioners are now in the custody of constable for & aforesaid. And further that the Said <​affidavit​> upon which Said Warrant Was Issued is insufficient in Law to authorize a Warrant a copy of which Warrant is hereunto annexed— your Petitioners therefor humbly pray that your Honorable Body will grant them this your most gracious Writ of “Habeas Corpus” to bring them before your Honors to investigate the Legality of thei[r] arrest and the merits of the charge prefered against them
Jonathan Hoopes
Lewis Hoopes
<​April 4th 1843.—​> [p. [1]]
State of Illinois)
City of )
To the Judges of the Municipal Court of the City of
Your Petitioners Jonathan Hoopes and Lewis Hoopes Humbly represent that they are now under arrest in this by virtue of a Warrant Issued by a Justice of the Peace in and for the County of and aforesaid charged with having commited a riot in this that the said prisoners Entered the premises Samuel Driggs of the & aforesaid With force and arms and unlawfully took possession of the Same— But your Petitioners seriously aver that they are not guilty of the said charge contained in the said writ or affidavit for warrant And that the matter set forth in said charge if True Does not amount to a riot in Law and further that the said Warrant is insufficient in Law to Legally Hold your Petitioners in custody— and further the Said Warrant was obtained throug private pigue [pique], malicious intent, falshood, and misrepesentation. And further that your Petitioners are now in the custody of constable for & aforesaid. And further that the affidavit upon which Said Warrant Was Issued is insufficient in Law to authorize a Warrant a copy of which Warrant is hereunto annexed— your Petitioners therefor humbly pray that your Honorable Body will grant them your most gracious Writ of “Habeas Corpus” to bring them before your Honors to investigate the Legality of their arrest and the merits of the charge prefered against them
Jonathan Hoopes
Lewis Hoopes
April 4th 1843.— [p. [1]]
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