The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-08-09
ASKING FOR HIS LIBERTY.
John G. s. Harrison Asks for Writ Of
Habeas Corpus.

Habeas Corpus.
Yesterday forenoon Addison G. Harris and J.
W. Gordon, representing John G. S. Harrison,
receiver of the Indiana Banking Company, APP
piled for writ of habeas corpus for the release
of that gentleman from police custody, Mr.. Har-
rison being still guarded day and night, at his
residence, by reliefs of police officers. The pc
tition was fled in the Civil Circuit Court and
Judge Adams placed Judge ]. Q. Suit, of Frank
fort on the bench to try the case in hsstea The
hearing Of the petition began at 2 P. NJ. Super
intendent Lang through City Attorney Denny,
made formal answer that the warrant was
sworn out by Calvin F. Rocker before the
mayor, and placed in the hands of officers and
served. Mr.. Rocker, who was present, affirmed
having made the affidavit Attorneys Harris
and Gordon each made strong presentation of
the poverty of their client, and asked either a
great abatement of the bail or his release from
custody. The writ Of habeas corpus read as fol-
lows:
Marion county State of Indiana, S. Marion Civil
Circuit Court
To j. G. Suit, the Judge of said Court:
Your petitioner John O. S. Harrison, hereby show
eth unto your Honor that he is citizen of said State
and county and resides therein; that he is sick and
said county and State, at No. 262 North
Meridian street, indianapolis, and that he is
advised by his attending physician that it would i'm
peril his life to be brought into the courthouse either
to appear for himself in obedience to any writ requr
ing his bodily presence before your Honor and he
says he by reason of his sickness physically unable
to go or be from his bed thai he has been confined
his sick bed at all times since the - day of July,
and restrained Of his liberty IN and at said house by
John Lang superintendent Of the Metropolitan Police
force, OF Indianapolis, and other members of said
force acting under the direction and control Of said
superintendent of the police force and has been kept
and held at all times in his sick room since the 29th
day of July 1884 and said superintendent and other
members OF the force announce believe and assert
that they will continue to hold and keep him afore
said until his health will permit and then that said
superintendent and said other members will by force
remove him to the body Of the county jail police
prison in said county and there continue to keep and
hold him against his will and thus continue to restrain
him of his liberty.
He further shows that he is unlawfully held and
restrained of his liberty, aforesaid under the fol
lowing pretenses, and none other, to-SEit
Heretofore on the oath of July, 1884, he was and
long before had BEEN and is receiver of the Marion
Superior Court of said county appointed to said of
hce by said court in certain suit then since and
still pending, beng numbered 1927, wherein Mary
Morrison and others plaintiffs and William Need
ham and others defendants, said parties having been
engaged IN business as partners under the firm name
of the Indiana Banking Company and your petitioner
being the receiver of the assets of said firm That
the day last aforesaid the said being in
sion it being the statutory vacation thereof Hon. N
B. Taylor, of the judges thereof in chambers is
sued order to him, such receiver, that your petit
TONER do, forthwith, make and file with the clerk of
this court full and detailed report of his actions and
dongs receipts and disbursements relation to the
property and assets that have to his hands as
such receiver, and do forthwith pay over to
the clerk of this court all the moneys with which he is
chargeabe in the premises such receiver and file
an inventory of all the remaining assets of said trust
The document then recites the fling of the
report on the 10Th Of July, and quotes that pant
of the report upon which was based the affidavit
made by Calvin F. Rocker, charging Mr. Har-
rison with embezzlement of $81, 81 "a, and the
following is the continuation OF the petition:
And thereupon en- said day to-wit, July 20 1884
one Calvin F. Rocker made subscribed and swore to-
certain affidavit, before Hon. John l.. McAaster
mayor of said city which affidavit Is in the words and
figures following here follows the affidavit of Mr.
Rocker upon which Mr.. Harrisons arrest madel
and thereupon said mayor issued warrant to the
superintendent any member of the metropolitan
police force of the city of Indianapolis, commanding
that your petitioner should be arrested and held i'm
prisoned and fixing the bail at the sum of $50 000
and your petitioner AYERS that it is under said pro-
ceedngs and none other that he is now
restrained of his personal liberty where
fore he says he humby believes said
mayor had authority or jurisdiction issue said
warrant and that his arrest and Imprisonment is IL
legal and void, and he says he is not guilty of any
crime as charged and he prays the court to consider
all said matter and to restore him to his liberty He
further respectfully shows unto your Honor that he
has no money, property, of any kind. other
than his wearing apparel that said mayor declines to
try the said case pending in said court until he is
there in person which he cannot now there be with
out peril of his life because of his sickness whereby
he is Frustrated and unable of himself TO leave his
That said mayor gave out that he will not per-
NIT said officers, one more whereof in his bed
room or at the door thereof at all times both day and
night, TO accept any less bail although he has been
fully informed that it is impossible for him. IN his
present state of ilLhealth and financial
ruin, to provide bail in said sum- and there
fore he saws, said bail demanded of him, to-wit,
00Os oppressive and greatly excessive and there
by also, he is unlawfuy deprived of his personal lib
erty, contrary to the law of the land Wherefore he
prays the court to graciousy grant unto him the writ
of habeas corpus directed to said police officers, or
said Superintent Lang, commanding him or them to
be and appear before your Honor at such time and
place may be by you fixed to do and receive what
shall be ordered concerning your petitioner and he
humbly asks TO be restored to liberty
JOHN G. s. HARRISON.
Subscribed and sworn to before me- this 9Th day of
August, 1884.
CHARLES R. MYERS, Notary Public
At 4:3O o'clock the arguments being concluded,
mo one appearing to support the. affidavit by arr
gument) Judge Suit rose, remarking he would
take the case under advisement. decision will