The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1893-10-10
THE PROCEEDINGS OF THE CASE.
The case OF Ita y. Terrili and the Original
Proceedings la the IIabeas
Corpus Case.

sas 10 the sheriff of Payne
county. This case is of deep
interest TO the people Of Guthrie and
vicinity and for that reason the de-
cision and proceedings of the SUI
preme court in the premises are here
with given in full:
No. g3Oi, IN re- Ira y. Tcuill Original
proceeding in habcas corpus-petitioucr
released. syllabus by the court John
ston. j.
!. When the time fixed by law for the
holding Of "a term ofcourt arrives. and the
Judge is not present, the clerk OF the
court cannot. In he absencc Of statutory
authority 10 that end, adjourn the court
TO future day.
.. In the absence OF such statute the
consequence OF the ron-attcndancc OF the
judge is the lapse and loss Of the term.
3. \ court must exercise its jurisdiction
within its terms as regulated by law, and
where person is tried anl convicted at
time when the court cannot be- legally
held the proceedings are void and ,hr
Judgment Il uullIty.
No. 0,30i, in re. Ira n. Tcrrlll. Original
proceeding in habeaS corpus Opinion
by the court, Johnston. j.
An Indictment was returned by the
grand jury Of Payne county, Oklahoma
territory, charging Ira n. Tcrrill with
tie Qijcpse Of murder, and at trial held
September 2G 1862. bo was capYiGicl nf
the oTcnse charged and punishment H<ed
by the jury was Imprisonment In the pen
iteutary at hard labor for life. Subsc-
quputly the sentence of the r~''.-
.'',-..,unccd, adiudgiug that Tcrrill be
confined in the territorial pcntentiary at
Lansing. Kansas. for the term Of his nat
ural He where hc was conveyed and is
now held in custody by the warden of
that prison. He seeks release here 10y a
proceeding in habeas corpus, and in his
application he alleges several grounds
why his Imprisonment is Illegal, only one
oG (which it will bc necessary to notice.
He asserts that the trial was had and
the judgment rendered at time not au-
thorizod by law, that the court was then
without jurisdiction to take any proceed
ng> against him, and hence the sentence
Nii' JNN'f- i'tHA VI Aii' ANhl dlf UbNhllllflN
void.
In pursuance Of law the terms of the
district courts Of Oklahoma were fixed
10y order Of the supreme court and the
terms are required to be- held in the county
Of Payne commencing ON the third Tues
day in April aud the first Tuesday of No
vcmbcr of each year. The petitioner was
tried In 1892. and during the time within
the April term might have been held, but
it appears that the iudgcof the court was
not present at the time and place when
the April term of court should have be-
gun, nor was he present in person for scy-
eral days aftcrward. The court should
have been opened on April 18th, but the
judge did not appear until the 2Glh of
that month, when hc opened and held
court until April 3d. 1892. Several adj
journments were made by the court. one
of which was to June II, 1892, but the
judge Of thc court again failed to appear.
when the clerk attempted To adjourn the
court until Aug. Is. 1872. At the latter
date the judge appeared in person and
held court from time To time with intcr-
Ncning adjuunmentS until September
2d, 1872, when the trial and conviction of
the petitioner occurred.
The failure OF the judge to appear and
/ open court upon the day appointed re-
suited i'm the loss of the term. and pro-
/ ccedings held 10y a court at time not
authorized boy law are absolutely void
/ There was then no statute of oklahoma
providing for the adjournment OF the
court by the clerk or other of It's officers
u ease OF th, non-attcndancc of the
judge. \ statute since enacted and
which went into effect in August of the
present year provides il a judge of a
court fair, To oattcnd at the time and place
appointed for holding his court the
sheriff shall have power To adjourn il
from day 10 day until the judge does at
tend or judge pro tenn is selected; and if
the judge is not present and a Judge pro
TEN is not selected within two days after
the first day OF the term the court stands
adjourned Tor the entire term. iStatutcS
of oklahoma, Par. (, d26)
There /, ample power la court which
ha, been rcgulraly convened 20 adjourn
F to future time, provided il bee not beyond
/ the term; but in the absence of "a statute
authorizing ii the clerk or other mmiStc-
rial officer cannot act for the Judge in
I either opening or adjourniug court The
/ clcri, is a ministerial officer, and without
statutory authority can exercise mo- ju-
/ dicial function. The opening. holding
and adjournment of court are the cNcr-
else of judicial power TO bc performed by
the court, 10 perform the function, of
a court the presence of the officer, con-
Stitutmg the court /, necessary and they
must bee present az the time and place ap-
pointed by law.
\ court is defined hy Bacon To bee An
incorporal political being. which re-
quircS for the existence of the court
/ the presence of It's Judges. or "a
competent number OF them, and a clerk
/ or prothonotary, at or doing which. and
+ and at a place where il is by law. author
lied 10 be held, aud the performance Of
some public act indicative of the design
20 perform the functions of "a court.
/ Bacon'S Abridged Title Court A." Iawcs
on jurisdiction. Sec. -: TO give exist
encc TO court then, its officer, and the
time and place Of holding il must bee such
as are prescribed by law Hobart Y.
Hobart, Is IA. SOB. There being mo- au-
authority In law for the clerk 10 open aud