The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-07-29
Proceedings In the United States
District Court, al jackson.
before Judge Hill.
PETITION FOR WRIT OF HABEAs CORPUS


| To the Honorable the Circuit Court OF the
United States for the Southern District Of
Mississippi:
The Petition of Edward NJ. Yerger, res
pectfully shows that he is a citizen of the
State of Mississippi and is Illegally impris-
oned and restrained of his liberty under col
| or of the authority of the United States in
violation of the Constitution and laws of
the United States, at the Military Post of
jackson, in the State of Mississippi by
Brev't. Major General A. Ames, Brev't.
Major General X. s. Granger. and Military
Commission, appointed by said Major Gen.
eral Ames, composed of Brev't. Brig. Gen1.
4. Swift, Brev't. Lieut. Col. j. $. Fletcher,
Brev't. Mai. ID. NJ. Vance Capt. III. A Thea
ker. Brev'I. Lieut.. Col. Lloyd Wheaton.
Brev't. Lieut.. Col. Clayton Halle, Brev't.
Capt. SIX. Mahon. Prisoner is so imprisOn-
ed and restrained of his liberty, for the
purpose of being tried. and he is now actu-
ally being tried by said Military Commits
sion upon the charge of murder, alleged to
have been committed by Petitioner ON the
Sth day of June, il the year 1869, in the
county of Kinds, and State of Mississippi.
Petitioner is private citizen of the State
of Mississippi, and is not now, and never
was in the army or naval service of the
United States. nor in the militia in actual
service ofthe United States, and he is not now,
and never was in any wav connected with
the army or navy of the United States, and
the charge against 1eLlIlOner Is not a case
arising in the land or naval forces, nor in
the Militia when in actual service in
time of war, or public danger and if Petit
toner is guilty of the crime charged against
him which he denies, it Is an offense against
the laws of the State of Mississippi, and for
which he can only be tried in accordance
with the constitution and laws of the State
of Observation-Disclosures was arrested and
imprisoned, nd he is now restrained of his
liberty without warrant founded on affida-
Wit. No presentment or Indictment of a
Grand Jury has been found against him for
said alledged crime. He has been denied
the right of trial by jury by said Military
Commission, and is now restrained of his
liberty, and held to answer before the said
Military Commission, who now have him on
trial before them for said alleged crime of
murder, without presentment or indictment
of a Grand Jury, and they deny to him the
right of trial by jury, all in violation of the
constitution and laws of the United States,
as well as the constit luton and laws of the
State of Mississippi.
Petitioner therefore, prays for the writ of
Hdbeds Corpus, directed to the said Brevet
Major General A. Ames, Brevet Major X.
S. Granger, Bevet Brig. Gen1. E. Swift,
Brevet Lieut.. Col. J. s. Fletcher. Brevet
Major ID. NJ. Vance, Capt. III. A. Theaker,
Brevet Lieut.. Col. Lloyed Wheaton, Brevet
Lieut.. Col. Clayton Halle, Brevet Capt. S.
X. Mahon, commanding them to have the
body of your Petitioner before this Honor
able Court aG day to be named by this
Court to show cause by what authority Petit
toner is imprisoned and restrained of liber-
ty, that the cause of the detention of Petit
toner may be inquired into, to the end that
Petitioner may be restored 20 the liberty of
which he has been uncoDstitutionally and
illegally restrained. Petitioner further states
and the civil courts in and for the State of
Mississippi, and for the county of Kinds, are
now open and have been open since the
month of October, in the year 1866, for the
trial OF crimes and offences again It the laws
of said State, and there is no impediment to
the trial of Petitioner in and by said court
+. NJ. YERGER.
Personally appeared before me E. NJ. Yerger,
the Petitioner, and made oath that this
Petition is true in substance and in fact
GEO. A. SMYTHE, Commissioner.