The New York herald., 1876-01-20
HABEAs CORPUS FOR STOKES

The effort 70 secure the release from Sing Sing Prison
OF Edward S. Stokes has at length assumed tangible
shape a petition TO the court for writ of hsbeas
corpus Shortly after the reassemblng yesterday
morning OF the Supreme Court Chambers, Judge Bar
rett being on the bench, Mr.. Charles W. Brooke pro-
sented 10 the Judge the following petition, which
plains itself
the Supreme Court OF the State OF New York =
The petition of Edward s. Stokes, OF the city and
State OF New York respectfully shows TO Your Honor
that he is detained and Imprisoned and illegally
restrained IN his liberty by the Warden OF the State
Prison Of the sad State OF New York, az sing sing IN
said State the said State Prison and that he is hot
committed detained by virtue OF any process issued
by any court OF the United States, or by any judge
thereof nor Us he detained committed by virtue Of
the final Judgment decree OF any competent tribunal
Of civil jurisdiction he Is advised and believes
and SO states by virtue OF any final judgment OF such
competent tribunal Of criminal jurisdiction, by vr-
tue Of any execution issued upon such judgment or
decree; that the cause OF pretence Of such mprson
meht according TO the best OF the knowledge and be-
lief OF your petitioner is that heretofore at court OF
oyer aud Termner, holden in and for the city and
county OF New York, your petitioner convicted Of
tho felony OF manslaughter in the third degree and by
the judgment of the said honorable Court was duly
sentenced TO term OF imprisonment in the sand state
Prison at Sing Sing; that he has since been held
and detained and Is, aforesaid, Illegally held
and detained and restrained In his liberty, he Is ad-
vsed and believes and states that the judgment OF
the said honorable Court OF oyer and rcrminer upon
the conviction aforesaid, has as your petitioner is like
wise advised and believes and so states been fully and
entirely satisfied by the service by your petitioner OF
the full legal term Of Imprisonment imposed thereby
and that such judgment was and has been so,
aforesaid fully and entirely satisfed upon and
since the 9TH day Of January, 1876, and
that since said 9th day Of January, 1876
your petitioner has been detained and imprisoned
at the sa5d State Prison by the Warden thereof,
aforesaid without color Of any legal commitment pro-
cess or Judgment whatever and without any warrant
or authority Of law for such Illegal detention and i'm
prisonment; wherefore, your petitioner prays that
writ Of habeas corpus issue directed 10 the said
sponden the Warden OF the State Prison Sing Sing
commanding him to produce the body Of your petit
toner together with the term aud cause Of such i'm
prisoninent and detention, 10 the end that your petit
TONER may be relieved OF his present Illegal mprison
menL EDMAkD ). STOKES
JASuARY is, 1s76
The petition is sworn 70 by Horace Stokes brother
Of the petitioner Accompanying is copy OF the
sentence Of the oyer and Termner and certificate Of
Warden Walker, Of Sing Sing Prison. that Stokes has
been there since November l. 1873, and that during
every portion OF such time he has faithfully performed
such work and labor have been assigned TO HIM and
that his conduct during the entire period has been
exceptionally good and characterized by a strict ad.
bcrence and obedience TO the prison discipline and on
Gals generally
Judge Barrett glanced over tic petition and the
nauers accompanying H. and then returned them to the
counsel stating that he must have copy OF the judg
mcnt and commitment papers before him, and that he
could not brEg a prisoner down from Sing Sing with
out some record OF his detention. This omission was
were again submitted TO Judge Barrett hr. Brooke
rollowod the renewal Of bis application with quite an
extended Argument giving bis reasons Why the