Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus]

To the Honorable Municipal Court in & for the City of —

Your Petitioner Andrew Colton 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 Petitioner is unable to ascertain—

Your Petitioner 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 Petitioner of <​with​> Willful & Corrupt Perjury in the Said county of —

Your Petitioner 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 Petitioner 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 Petitioner 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 Petitioner was refused— and the Said court Proceeded to try the charges as [p. [1]]