Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-08-01
HABEAS CORPUS ASKED.
James Addison Peralta- Reavis Repre-
sents That He is Unlawfully I'M
prisOned and Petitions Su-
preme Court for Relief.

James Addison Peralta Reavis, whose
fictitious and fraudulent claim to some
100000 acres of land in Arizona and
southwestern New Mexico was rejected
by the United States court of private land
claims at the recent session in this city,
and who has since been confined in the U.
s. prison connected with the territorial
penitentiary on charge of attempting
to defraud the government, applied to
the supreme court this morning for
writ of habeas corpus. The writ was or
dered issued forthwith and made return
able at O'Clock this afternoon. The
hearing began at that hour. United States
District Attorney Hemingway appeared
for the government and Catron e. Spiess
for Reavis.
The essence of the charge against Rea-
Wis is that, on the 18th of February, 1898,
in the city of Santa Fe and territory of
New Mexico, he filed in the United States
court of private land claims claim
against the United States, said claim be-
ing filed for thepurpose of falsely, ficti-
tiously and fraudulently obtaining from
the government of the United States,
through judgment of said court of pri-
vate land claims, large sum of money,
to wit: 100000. The claim was for lands
on the fabricated Peralta Reavis grant
disposed of by the United States before
the filing of the petition for contirma-
ton. Upon this charge, after hearing
before U. s. Commissioner Pope, Reavis
was bound over to the United States dis
trict court in the sum of $4,000 and in
default thereof was committed us afore-
said.
In general, Reavis claims that the gov
eminent is sufficiently protected without
holding his person; that the statute under
which he was arrested was not intended
to intimidate claimants before the court
of private land claims but refers simply
to executive officers of the government
who are entrusted with the disbursement
of moneys, and that the charge of forging
does not come within the jurisdiction of
this court since it is charged as having
reference to the archives of the San Sal
vador and San Bernardino churches of
California.
1t is commended further that the decree
of the court of private land claims is not
final but is SUBJ ect to review; that even
if the decree of the court had been favor
able to the claimant no money could
have been paid to him on account thereof
without an appropriation by congress;
that claimant never set up specific
amount, but only asked that commits
sioner be appointed to take evidence as
to the extent and value of certain lands
that had been sold by the government;
that there is no adverse possession within
the boundaries of the rejected grant; that
the court of private land claims
is on the same footing as any
district court of the United States as
to matters within it's Jurisdiction; that a
crime can not be established against the
defendant by the use of decree of the
court of private land claims, which dis
misses his petition, and which finding
was determined subsequent to the time
the complaint against the defendant was
lodged; that the complaint was filed for
an Interior purpose in that the govern
ment desired to detain defendant as
witness without apprizing him of the fast,
as it was issued on the 9th of June and
was not served until the 26th of June;
that defendant is really held in duress
and not allowed the freedom guaranteed
by the constitution as the result of a
conspiracy.
The petitioner further represents that
he is advised by counsel that his i'm
prisonment and the restraint of his liber-
ty is illegal, unlawful and unauthorized
by law; in this, that: =
LIST. 1t does not appear in said infor-
nation and complaint that the persenta-
ton of the said claim mentioned in said
information and complaint was made or
presented to or by any person or officer
in the civil, military or naval service of
the United States or any department or
officer thereof.
End. 1t does not appear that the said
claim mentioned and described in said
or complaint is such claim
rs is contemplated by section 5438 of the
Revised Statutes of the United States, or
is sui geners with such claims therein
Sd. 1t appears that the said claim
therein mentioned was made before and |
presented to the United States court of
private land claims, the said court of pri-
vate land claims not being person or
officer in the civil, military or naval SER
vice of the United States, or any depart
ment or officer thereof.
4th. It appears that the said claim
therein mentioned was not made or pre-
'ented for approval or payment, but was
presented to a judicial tribunal for judi
,ial adjudication.
9th. 1t does not appear that there has
been any crime under the laws of the
United States committed or any law or
o,po r. tho TInita1 Nkokao vio1o%a1