Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-13
CONTEMPT
The Editors Of the Avalanche
Before the Municipal
Court.
A Habeas Corpus Granted by
Judge Waldran.

| n
ter still hold FIRE, and continue to en-
gross public attention. The announce
ment Of the incarceration Of Col
onel Mat. Galloway, editor In chiel
of that journal, with Mr.. Campbell, city
editor Of the same paper, was followed
this morning by the statement that Judge
Waldran, upon a petition presented by
the counsel Of the prisoners, had granted
q babeas corpus ordering the Sheriff to
produce their bodies at 9 o'clock this
morning at the bar Of the Municipal
Court. The following is in substance the
petition in behalf of Colonel Galloway,
which was submitted by his attorneys to
Judge Waldran in chambers last eve'
ming:
To the Hon. @. W. waldran. Judge Of tho Mu-
nicipal Court Of the city Of Memphis:
Your petitioner, NJ. G. Galloway, states
to Your Honor that he is unlawfully re-
strained Of bis liberty by P. NJ. Winters,
Sheriff of Shelby county, Tennessee, and
is confined in the Jail of said county, at
Memphis, Tennessee, under and by
virtue of a mittimus issued by one
William Hunter, Judge of the Grim
inal Court of Memphis, which nit
timus and execution on the 18th day
of March, 1868, and a true copy
Of which is herewith exhibited and prayed
to be taken as part of this petition.
Your petitioner states that said order or
mittimus is illegal and unjust, and that
the same is based upon a Judgment OF
said Court. Petitioner states that in
said articles there is no contempt; that
the Constitution of the State of Tennes-
see, Art. /, Sec. l9, guarantees the liberty
of the press.
Petitioner charges that saidjudgment,
upon which said mittimus was issued,
and under which he was imprisoned, is,
in virtue of said article Of said Constitu-
ton, in violation of the l4th Section OF
said Article and also the 9Th Section OF
Art. L, and therefore his confinement
upon said pretended contempt is illegal,
demonstrations and unjust. Petitioner
further charges that his confinement, as
above set forth, is illegal and unjust, be-
cause, by the laws of Tennessee, con-
tennis are fixed and declared, and con.
fined to certain acts and doings, all
which will be seen by reference to the
Code of Tennessee, sections 4lO6 to
4lI2, and the said publication in said
newspaper is not embraced in the power
of the courts of this State to punish for
contempt, and is not contempt under
said law.
Your petitioner further states that
there were several cases OF contempt, So
called, against him and others in said
count embracing the case upon which
the mittimus under which he is now con-
fined was issued, and in one of said
cases an appeal was taken by him
and the same was granted by said Court
with the understanding that all of said
cases, embracing this, should await and
abide by the judgment of the Supreme
Court of Tennessee, to be held at Jack
son on the LIST Monday in April, and he
charges that this action of said
Hunter is illegal and void, mas
much as the said Court by virtue OF
said appeal is beyond his jurisdiction.
Petitioner therefore prays your Honor to
grant him the writ of habeas corpus di-
rected to said P. M. Winters, Sheriff as
aforesaid, directing him to bring the body
of your petitioner before your Honor at
such place and time as your Honor may
announce, and make return of the cause
of his detention; and that your Honor
will order the discharge of petitioner, and
as in duty bound, your petitioner will
ever pray.
This is the first application for the
writ of habeas corpus by petitioner in
this case, and the legality of the impris-
onment of petitioner has not been before
adjudged upon by any prior proceeding
of this or similar character
L. G. HAYNES,
E. M. YERGER,
E. A. BEECHER,
j. F. SALE,
JOHN BULLOCK,
Counsel for petitioner.
coata of Tannaaeea