Monday, July 15, 2013

Amanuensis Monday - J.G. Braswell petition

Georgia, Crawford County
To The Honorable J.N. Mathews, Ordinary of said County
     The petition of J.G. Braswell shows that he is the father of Dock Braswell of said county.  That said Dock Braswell is illegally restrained of his liberty by R. C. Aultman and petitioner shows that said imprisonment is illegal because said warrant is in possession of R. C. Aultman that copy of process is not attached.

1st Because the said R. C. Aultman is not an officer legally authorized to arrest

2nd That said Aultman has not given bond as required by the code section 355 which requires that all deputy Sheriffs shall give bond with security before they can be deputized to execute any process

Wherefore petitioner prays that writ of Habies Corpus do issue

[Signed] W. J. Wallace
R. D. Smith
Petitioners Atty

Georgia Crawford County
      Personally appeared J. G. Braswell who on oath says that the facts contained in said petition are true & he fears that the said Dock Braswell will be removed beyond the limits of the County.


                                                                                                    J.G.  X Braswell
                                         Sworn to and subscribed before me this 8th day of April 
                                                                                                 J. N. Mathews, Ordy

Georgia Crawford County
    To R. C. Aultman  you are hereby commanded to produce the body of Dock Braswell alledged to be illegally restrained by you together with the cause of such detention before me at 2 oclock April 8th 1896 to be there delt with as the law directs

[signed] J. N. Mathews, Ordy

Georgia Crawford County
J. G. Braswell }
    vs                }   Habeus Corpus
R. C. Aultman}   Before Hon J.N. Mathews Ordinary
   And now comes petitioner in above stated case & for amendment says

1st That the said Dock Braswell is not Guilty of the Offense charged in the Warrant which the said Dock Braswell has been arrested

     [Signed]         A.J. Danielly
                         W. J. Wallace
                         R. D. Smith
                         Petitioners atty

J. G. Braswell }
    vs                }    Habeus Corpus                           

R. C. Aultman}    Before J.N. Mathews Ordinary

This case coming on for a hearing and the court having heard the evidence and argument of counsel & the same matter having been past on by the court & the [?]-discharged on the 8th day of April it is ordered by the court that the warrant be dismissed & the defendant discharged & the said R.C. Aultman be taxed with the cost of this proceeding this 13th day of April 1896.
        [signed] J. N. Mathews, Ordy

 Recorded this 13th day of April 1896

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