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

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
City of )
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]] aforesaid. And your Petitioner was required to give Bail in the Sum of Two Hundred Dollars for his appearance at the next Term of the Circuit Court— <​which Petition refused & a Warrant of Committmet was issued a copy of which is herunto attached​> Your Petitioner further avers that the Proceedings against him were <​are​> Illegal, that the Said who tried him Evinced a Spirit of determination to try him right or wrong all of which matters. & on account of the Said Proceeding Your Petitioner feels himself agreeved & injured and respectfully request your Honorable Body to investigate the Same. Your Petitioner further avers that he verily believes that the proceeding against him have been instituted through malice private pique & corruption & a desire to injure his reputation & not for the purpose of promoting the Ends of Justice— Your Petitioner further represents that he is as innocent as the angels of Heaven of the charge that is alleged against him, and that he knows assuredly that by a Legal impartial & Just Examination he will be honorably acquitted— He therefore respectfully asks your Honorable Body to grant him the Benefit of the Writ of that the causes of his detention & Captior as well as all matters connected with the transaction may be thoroughly investigated— And Your Petitioner as in duty bound will Ever pray
A Colton
<​April 12. 1844​> [p. [2]]

Footnotes

  1. new scribe logo

    Signature of Andrew Colton.  

  2. new scribe logo

    Insertion in handwriting of Willard Richards.