, 1890-11-23
ALLOWED TO RUN.
Bergman's Habsas Corpus Still
Pending in the Supreme Court.
The Writ is Now Made ReturnabIe
Tomorrow.
No Bail Would be Taken by the
Judges.

Chief Justice Groesbeck and Justice
Conway. In order that the public may
have a clearer comprehension of the
points of law involved, the petition for a
writ of habeas corpus is herewith pre-
sented:
To the honorable supreme court of the
the state of Wyoming :-Humbly COM
planning you petitioner shows unto this
honorable court:
/. That our petitioner herein is a citi-
zen OF the United States Of America and
of the state OF Wyoming. and is restrained
Of his liberty by one John A. Martin, as
sheriff and jailor of the county OF Lara
mic in said state OF Wyoming, at the
county jail of said county of Laramie at
the city of Cheyenne in said county and
state; that he is detaiRed in tie custody
OF said John A. Martin, and that he is
restrained of his liberty by the said John
A. Martin, as the sheriff OF the county
of Laramie. in the Jail of the said
county of Laramie.
2. That tho pretense Of such restraint,
according to the best information OF your
petitioner, is by an order OF commitment
OF the district court of the first judicial
district, sitting within and for the county
of Laramie, a copy OF which is hereto at
tached and marked Exhibit A"
3. That the restraint and imprisonment
Of your petitioner is illegal in this; first,
that the district court of the first judicial
district of the state OF Wyoming was
without jurisdiction in the premises; sec
ond. that the said commitment was made
in an alleged proceeding for contempt,
which alleged contempt consisted in not
obeying what is called a request or order
which is hereto attached and marked
Exhibit b." and in not obeying what
is called a further order, which is hereto
attached and marked Exhibit o."
third, that the said order of commitmen mt
is illegal in this, that it is without limit;
fourth, that the said order of commitment
is Illegal in this, that your said prisoner
was held in contempt IN matters which
had not occurred at the time the said last
mentioned order was made returnable,
and In which your petitioner had no
hearing and no opportunity to be heard.
4. That the illegality Of the imprison-
ment of your petitioner has not been ad-
judged upon a prior proceeding OF the
same character.
g.. That application Tor the writ of
habeas corpus has not been made to and
hoiuoCh Wy oh1 Will lubkCr
Wherefore your petitioner prays that
he may be granted the writ OF habeas cor
pus. which may be issued to the end that
he may be discharged from the wrongful
and unconstitutional restraint of his lib
ertY, which be now suffers; that he may
be permitted to produce the respective
papers annexed to this petition as evi
dence upon such hearing of this cause as
may be ordered. and that he may be
granted such other relief in the premises
to your honors shall seem just and right.
SIGNED. ISAAC BERGMAN.
The chief justice who pronounced the
decision Of the court said In effect: On
the allegation as to the Jurisdiction of the
court making the order of commitment,
the decision was to the effect that, under
sections 26O0-2603. Revised Statutes the
district court OF the first judicial district
had jurisdiction in the present case.
Section 1902 gives to court power to pun
ish witnesses for contempt in refusing to
answer questions by fine, or by inprison-
ment, until they shall consent to answer
the questions put to them. Again
section 264l Of the revised statutes pro-
-
uue -
livery of money or other thing, and the
order is ~disobeyed, the court, besides pun
ishing the disobedience as for a contempt,
may make an order requiring the sheriff
to take the money or thing, and deposit
or deliver to it in conformity with the di-
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Aha' 'nis proViSi0u Is sck 'nei I as
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